Capacity. The Department shall determine the capacity of a therapeutic nursery based on: Space requirements under §C(1) of this regulation; Staff requirements, including the staff-to-child ratio, required under Regulation .08D of this chapter; and Maintenance of the therapeutic milieu described in Regulation .03B(2) of this chapter. The program director of the therapeutic nursery program shall limit the number of enrollees to the capacity applied for and approved by the Department. Requirements for the Building. The therapeutic nursery program shall operate the program in a building that conforms to the applicable federal, State, and local laws and regulations, including but not limited to: Zoning; Sanitation; Fire and safety codes; and The requirements of the Americans with Disabilities Act. Indoor Space. The therapeutic nursery program shall: For each child enrolled in the therapeutic nursery, provide a minimum of 35 square feet of floor space, not including spaces, such as vestibules and corridors, food preparation areas, bathrooms, adult work areas, and storage spaces, that are not available for the daily program activities of the children; and Provide suitable space for individual, family, group, and play therapies. Outdoor Space. The therapeutic nursery program shall ensure compliance with applicable State and local laws and regulations for outdoor space, including but not limited to water safety requirements.