108Space requirements—outdoor space

#### 108 Space requirements—outdoor space 108 Space requirements—outdoor 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 7 square metres of unencumbered outdoor space. > > > > Penalty: $2200. > > > > Note— > > > > Additional requirements apply to centre-based services in the ACT (see regulation 259A). > > > (3) In calculating the area of unencumbered outdoor space required, the following areas are to be excluded— > > > > > (a) any pathway or thoroughfare, except where used by children as part of the education and care program; > > > > > (b) any car parking area; > > > > > (c) any storage shed or other storage area; > > > > > (d) any other space that is not suitable for children. > > > (4) A verandah that is included in calculating the area of indoor space cannot be included in calculating the area of outdoor space. > > > (5) An area of unencumbered indoor space may be included in calculating the outdoor space of a service that provides education and care to children over preschool age if— > > > > > (a) the Regulatory Authority has given written approval; and > > > > > (b) that indoor space has not been included in calculating the indoor space under regulation 107. > > > (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 108:** Am 2013 (417), reg 17 (2); 2023 (399), reg 44; 2024 (143), reg 15.