107Space requirements—indoor space

#### 107 Space requirements—indoor space 107 Space requirements—indoor space > > (1) This regulation does not apply in respect of a family day care residence. > > > (2) The approved provider of an education and care service must ensure that, for each child being educated and cared for by the service, the education and care service premises has at least 3.25 square metres of unencumbered indoor space. > > > > Penalty: $2200. > > > (3) In calculating the area of unencumbered indoor space— > > > > > (a) the following areas are to be excluded— > > > > > > > (i) any passageway or thoroughfare (including door swings); > > > > > > > (ii) any toilet and hygiene facilities; > > > > > > > (iii) any nappy changing area or area for preparing bottles; > > > > > > > (iv) any area permanently set aside for the use or storage of cots; > > > > > > > (v) any area permanently set aside for storage; > > > > > > > (vi) any area or room for staff or administration; > > > > > > > (vii) any other space that is not suitable for children; > > > > > (b) the area of a kitchen is to be excluded, unless the kitchen is primarily to be used by children as part of an educational program provided by the service. > > > (4) The area of a verandah may be included in calculating the area of indoor space only with the written approval of the Regulatory Authority. > > > (5) A verandah that is included in calculating the area of outdoor space cannot be included in calculating the area of indoor space. > > > (6) In this regulation a reference to a child does not include— > > > > > (a) a child being educated or cared for in an emergency in the circumstances set out in regulation 123(5); or > > > > > (b) an additional child being educated or cared for in exceptional circumstances as set out in regulation 124(5) and (6). > > Note. > > A compliance direction may be issued for failure to comply with subregulation (2). > > **Reg 107:** Am 2013 (417), reg 17 (1); 2023 (399), reg 43.