Section 17-895.1-85 - Building codes and space requirements(a) Child care facilities shall conform to the zoning, building, electrical, plumbing, and fire 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 child care facility shall: (1) Be located in a safe and reasonably quiet area or employ suitable noise control devices to limit exterior noises to the child care operation;(2) Have ventilation and a sunny exposure or be well-lighted; and(3) Keep all buildings, building appurtenances, outdoor space, equipment, and all other parts of the facility repaired, safe, and sanitary at all times.(c) The program areas specifically designated for infants and toddlers, both indoors and outdoors, shall be separated by permanent structural walls, fences or other barriers in order to: (1) Protect the younger children from traffic and high activity levels of older age groups;(2) Minimize congestion and noise pollution; and (3) Avoid staff specifically assigned to infant and toddler care from being pulled from infant and toddler programs into other areas at any time.(d) The space requirements for enclosed areas are as follows:(1) For daytime care: (A) There shall be thirty-five square feet per child of unencumbered instructional or play area exclusive of bathrooms, kitchens, cupboard space, hallways, and spaces consumed by cribs and playpens;(B) The thirty-five square feet per child requirement can be based on the general square footage area of the entire center, not necessarily based on the square footage of each classroom; and(C) Lanai area, which has both a roof and finished flooring, may be counted for up to 30 per cent of the required enclosed area; and(2) For nighttime care, there shall be fifty square feet per child, exclusive of lanai area, in rooms which are used for sleeping.(e) The space requirements for outdoor areas are as follows: (1) The center shall maintain, or have access to an outdoor play area of at least seventy-five square feet for each child using the outdoor area at any one time; and(2) Lanai area, when not included in the required enclosed area space, may be counted for up to 30 per cent of the required outdoor space.(f) The facility shall be equipped with toilets and lavatories as follows: Number of children | Toilet(s) | Lavatory(ies) |
1 - 12 | 1 | 1 |
13 - 30 | 2 | 2 |
31 - 45 | 3 | 3 |
46 - 60 | 4 | 4 |
61 - 75 | 5 | 5 |
Haw. Code R. § 17-895.1-85
[Eff 11/3/2023] (Auth: HRS §346-162) (Imp: HRS §346-162; 42 U.S.C. §§ 2002, 2005)