OAR 414-305-0800: Center Capacity

(1) A certified child care center’s licensed capacity is based on a combination of the center’s indoor space, outdoor space, and the number of toilets and sinks. (2) A certified child care center may only care for children in activity areas approved by CCLD. (3) A certified child care center must have CCLD approval prior to using a new room, activity area, or outdoor space to care for children. (4) A certified child care center must not exceed its licensed capacity at any time, including the total number of children in care both at and away from the center. (5) A certified child care center must have a minimum of 35 square feet of activity space per child. (a) Activity space must be available for use by children and used exclusively for child care during the hours of operation. (b) Shelves or storage for children’s materials that are accessible to children may be counted as part of the indoor space. (c) Single use areas such as kitchens, hallways, restrooms, storage areas and closets, rooms designated for staff use such as offices and break rooms, and space occupied by furniture not designed for children’s use such as work space and cabinets must be excluded when determining activity space. (d) Cribs may be considered activity space if the space underneath the crib is accessible to children. (6) A certified child care center must provide an outdoor activity space of no less than 75 square feet for each child using the space at one time, unless a certified child care center only provides drop-in care, as defined in 414-305-0100(20). (7) A certified child care center must provide indoor toilets and sinks that children can safely and easily access. Toilets and sinks must be on the same floor of the building where care is provided. (a) For children ages 24 to 35 months, a certified child care center must provide one child-size toilet or toilet with training seat for every 10 children, located in or adjacent to the classroom. (A) If the toilet is not located in or adjacent to the classroom, the center must develop a written plan, approved by CCLD, to utilize the toilet. (B) Potty chairs are prohibited. (b) For children ages 36 months and older, a certified child care center must provide one toilet for every 15 children. (c) Urinals may be substituted for one-half the required number of toilets, if there are at least two toilets in the center and a toilet in each bathroom with a urinal. Facilities built specifically as child care centers after July 15, 2001 cannot substitute urinals for the required number of toilets. (d) A certified child care center must provide at least one handwashing sink for every two toilets. (e) Sinks must be located in the same room or adjacent to the room where toilets are located. (f) Handwashing sinks in the food service area cannot be counted in the required number of sinks. (g) If toilets or handwashing sinks are of adult size, a certified child care center must provide easily-cleanable steps or a broad-based platform with a non-slip surface so that children can use the toilets and sinks comfortably and without adult assistance.