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An Act To Increase the Minimum Area of Usable Space per Child Required in the Outdoor Area of a Child Care Center
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7702-A, sub-§3, ¶C, as amended by PL 2015, c. 497, §1, is further amended to read:
 
C. Section 8302-A, subsection 1, paragraphs B to JK and subsection 2, paragraphs A to F and H to K.
Sec. 2. 22 MRSA §8302-A, sub-§1, ¶I, as amended by PL 2015, c. 497, §2, is further amended to read:
 
I. Licensing procedures; and
Sec. 3. 22 MRSA §8302-A, sub-§1, ¶J, as repealed and replaced by PL 2017, c. 457, §2, is amended to read:
 
J. Requiring a criminal background check that meets the requirements of 42 United States Code, Section 9858f(b) for each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual:
 
(1) Who is employed by a child care facility for compensation, including a contract employee or self-employed individual; or
 
(2) Whose activities involve the care or supervision of children for a child care facility or unsupervised access to children who are cared for or supervised by a child care facility.
 
"Child care staff member" does not include an individual who is related to all children for whom child care services are provided or a contractor performing maintenance and repairs at the child care facility who does not have unsupervised access to children who are cared for or supervised by the child care facility.; and
Sec. 4.  22 MRSA §8302-A, sub-§1, ¶K  is enacted to read:
 
K.  Minimum outdoor play areas in accordance with section 8309.
Sec. 5.  22 MRSA §8309  is enacted to read:
§ 8309. Child care facility minimum outdoor play area; maximum child occupancy
A child care facility shall provide an outdoor play area that provides a minimum net area of 45 square feet of usable space per child cared for at the child care facility. The maximum child occupancy of an outdoor play area may not exceed the number of children allowed in the outdoor play area in accordance with the usable space per child requirement in this section, except during infrequent community gatherings and large group celebrations.
 
SUMMARY
This bill requires a child care facility to provide an outdoor play area that provides a minimum net area of 45 square feet of usable space per child.