.01 Capacity.

A. An office shall determine the capacity of the nursery school or child care program according to criteria established in:

(1) This subtitle affecting floor space, outdoor play space, staffing, equipment, ages of the children to be enrolled, and sanitary facilities; and

(2) Applicable codes, including zoning, building, and fire codes.

B. An operator shall limit the total number of children in care at one time to the capacity approved by the office.