Section 17-892.1-40 - Building codes and space requirements(a) Child care facilities shall conform to the zoning, building, electrical, and plumbing codes of the county or political subdivision in which the facility is located and to state rules as may be applicable to the facility.(b) The facility shall: (1) Be located in a safe and sanitary area in conformance with subchapter 3 of this chapter;(2) Have a sunny exposure and be well lighted and ventilated; and(3) Be located in a reasonably quiet area or employ suitable noise control devices to limit noise exterior to the child care operation.(c) All buildings, building appurtenances, outdoor space, equipment, and all other parts of the facility shall be kept repaired, safe, and sanitary at all times.(d) The space requirements, enclosed areas, and outdoor areas, of the facility shall be as follows: Standards for space requirements
| Enclosed areas: | |
| Daytime: | There shall be thirty-five square feet per child of unencumbered instructional or play area exclusive of bathrooms, kitchens, cupboard space, and hallways. The thirty-five square feet per child requirement shall be a general area definition of the square footage of the entire center, not describing the square footage of each class room. Lanai area may be counted for not more than 30 per cent of required area. |
| Nighttime: | In rooms used for sleeping, there shall be fifty square feet per child exclusive of lanai area. |
| Outdoor areas: | Lanai area which has both a roof and finished flooring does not count for either enclosed or more than thirty per cent of outdoor space. The square footage for the outside areas shall be a general area requirement related to total child capacity and not limited or qualified by the number of children outside at any one time. |
(1) 720 square feet for 6 children plus 70 square feet per child thereafter up through 10.(2) 1,065 square feet for 11 children plus 65 square feet per child thereafter up through 30.(3) 2,360 square feet for 31 children plus 60 square feet per child thereafter up through 50.(4) 3,555 square feet for 51 children plus 55 square feet per child thereafter up through 100.(5) 6,295 square feet for 101 children plus 45 square feet per child thereafter.(e) The facility shall be equipped with toilets and lavatories as follows: | Number of children | Toilets | Lavatories |
| 1-12 | 1 | 1 |
| 13-30 | 2 | 2 |
| 31 - 45 | 3 | 3 |
| 46 - 60 | 4 | 4 |
| 61 - 75 | 5 | 5 |
| 76 - 90 | 6 | 6 |
| 91 - 105 | 7 | 7 |
| 106 - 120 | 8 | 8 |
| 121 - 135 | 9 | 9 |
| 136 - 150 | 10 | 10 |
| 151 - 165 | 11 | 11 |
| 166 - 180 | 12 | 12 |
| 181 - 195 | 13 | 13 |
| 196 - 210 | 14 | 14 |
| 211 - 225 | 15 | 15 |
Haw. Code R. § 17-892.1-40
[Eff 4/11/92; comp DEC 19 2002] (Auth: HRS § 346-162) (Imp: HRS § 346-162; 42 U.S.C. §§2002, 2005 )