N.H. Code Admin. R. He-C 4002.21 – Approval of Child Care Space and License Capacity: Indoors and Outdoors

(a) Prior to use for child care, all indoor and outdoor child care space shall be:
1. (1) Inspected and approved by the local fire inspector, in accordance with RSA 170-E:6 and He-C 4002.02(e)(3);
2. (2) Inspected and approved by the local health officer, in accordance with RSA 170-E:6 and He-C 4002.02(e)(2); and
3. (3) Inspected by the department in accordance with RSA 170-E:8, III, and RSA 170-E:9, II, and these rules.
(b) The licensee shall provide and maintain at least one toilet and one handwashing sink for every 20 children of their licensed capacity.
(c) There shall be a minimum of 35 feet of net floor area per child, inside the rooms used by children, calculated by excluding non-occupiable spaces including corridors, stairs, bathrooms, electrical or mechanical rooms, closets, and fixed equipment, which shall be subtracted from the total area to determine the net floor area.
(d) The department shall determine the license capacity by adding the number of children each room can accommodate based on (c) above, and in accordance with local fire, health, and zoning approvals.
(e) The department shall not consider common space, hallways, lockers, bathrooms, cooking areas of the kitchen, closets, or offices as child care space when determining license capacity.
(f) The program shall have space of its own, apart from other groups that might be using the facility, during the time that it operates.
(g) Programs which are in the same building with other licensed entities or programs for children that are license exempt, pursuant to RSA 170-E:3, shall:
1. (1) Not be responsible for or supervise any children not enrolled in the licensed program;
2. (2) Not allow children from the license exempt program to mix with children enrolled in the licensed program; and
3. (3) Not allow children from the license exempt program to share space that is being used by children enrolled in the licensed program.
(h) Programs shall not overcrowd child care space with adult-sized furniture or other items.
(i) For programs licensed before November 23, 2008, whose capacities included the use of common space as described in rules previous to that date, shall be allowed to have no more than up to 2 children over the classroom capacity, regularly assigned to each classroom, provided the common space was approved by and is on file with the department.
(j) For programs licensed before May 30, 1998, whose capacities included the use of common space as described in rules previous to that date, shall be allowed to have no more than up to 4 children over the classroom capacity, regularly assigned to each classroom, provided the common space was approved by and is on file with the department.
(k) Programs shall be equipped with an outside play area, which directly adjoins the indoor space of the facility and contains a minimum of 50 square feet of outdoor play area for each child based upon the program’s license capacity.
(l) The only exceptions to (k) above are as follows:
1. (1) Programs may utilize department approved outdoor play space which is located within 1/8 of a mile from the program, provided the program submits a written plan to the department showing that children can safely travel to and from the play area and the program;
2. (2) Programs may operate with 50 square feet of outdoor play area per child for 1/3 of the program’s license capacity, provided that no more than 1/3 of the license capacity is in the play area at one time; and
3. (3) Programs that operate 5 or fewer hours per day provided the curriculum includes at least 20 minutes of gross motor activities.
(m) For programs operating exclusively outdoors, the department shall determine the license capacity based on the area of outdoor space and the proposed staffing patterns as specified in these rules.

Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.24); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.22)