NDAC 75-03-11-19
Minimum requirements regarding space
Cite as N.D. Admin. Code ยง 75-03-11-19
1.
Each preschool shall provide adequate indoor and outdoor space for the daily activities of all
children for the licensed capacity of the preschool.
2.
Adequate space must include a minimum of thirty-five square feet [3.25 square meters] of
indoor space per child. Indoor space considered must exclude bathrooms, pantries,
passageways leading to outdoor exits, areas occupied by furniture or appliances that children
should not play on or under, and space children are not permitted to occupy.
3.
There must be a minimum of seventy-five square feet [6.97 square meters] of appropriate
outdoor play space per child for the preschool. If available outdoor play space does not
accommodate the licensed capacity of the preschool at one time, the total appropriate outdoor
play space available must be no less than the number of children in the largest class or group
of the preschool multiplied by seventy-five square feet [6.97 square meters]. Operators who
provide seventy-five square feet [6.97 square meters] of separate indoor recreation space per
child for the largest class or group are exempt from the outdoor space requirement. The
operator shall prepare a written schedule of outdoor or separate indoor recreation space
playtime which limits the use of the play area to its capacity, giving each class or group an
opportunity to play daily.
4.
An owner holding a current license under this chapter on or before January 1, 2022, is exempt
from subsection 3 unless the owner's license lapses for more than six months.