338Preschool indoor and outdoor space requirements

#### 338 Preschool indoor and outdoor space requirements 338 Preschool indoor and outdoor space requirements > > (1) Subject to subregulation (4), this regulation applies to a declared approved service that is a preschool. > > > (2) Regulations 107 and 108 do not apply to the service premises. > > > (3) For the purpose of a rating assessment under Part 5 of the Law, the declared approved service is taken to comply with regulations 107 and 108 in respect of the service premises. > > > (4) This regulation ceases to apply if— > > > > > (a) the service premises are renovated and that renovation reduces— > > > > > > > (i) the existing unencumbered indoor space suitable for children’s use; or > > > > > > > (ii) the existing unencumbered outdoor space suitable for children’s use; or > > > > > (b) the services premises are renovated and the approved provider requests an amendment to the maximum number of children to be educated and cared for at the service; or > > > > > (c) the service approval is transferred to another approved provider. > > > > Note. > > > > See also Division 7 of Part 7.1. > > > (5) Despite subregulation (4)(a)(ii), this regulation continues to apply if the service premises are renovated and that renovation reduces the existing unencumbered outdoor space suitable for children’s use to not less than 7 square metres per child. > > **Reg 338:** Am 2017 (543), reg 112.