Utah Admin. Code R381-40-10 - Capacity and Ratio

(1) OL may limit the maximum allowed capacity for a child care facility based on local ordinances.

(2) The provider shall ensure that the number of children in care at any given time does not exceed the capacity identified on the license.

(3) OL may determine the total capacity based on the number of rooms and the ages of any child cared for in those rooms.

(4) As listed in Table 1 for a single-age group of children, the provider shall:

(a) maintain at least the number of required caregivers; and

(b) not exceed the number of children in the caregiver-to-child ratio per room.

TABLE 1 Caregiver-to-Child Ratios
Number of Caregivers	Ages of Children	Number of Children
At least 1	2 years old	8
At least 1	3 years old	12
At least 1	4 years old	15
At least 1	5 years old	20

(5) As listed in Tables 2 through 4 for a mixed-age group of children, the provider shall:

(a) maintain at least the number of required caregivers; and

(b) not exceed the number of children in the caregiver-to-child ratio per room.

TABLE 2 Two-to-Five-Year-Olds
Number of Caregivers Required	Ages of Children	Number of Children Present
At least 1	2 years old	1-7
	3, 4, and 5 years old	1-10
Maximum Total of Children in the Room: 11

TABLE 3 Three-to-Five-Year-Olds
Number of Caregivers Required	Ages of Children	Number of Children Present
At least 1	3 years old	1-11
	4 years old	1-14
	5 years old	1-14
Maximum Total of Children in the Room: 16

TABLE 4 Four-to-Five-Year -Olds
Number of Caregivers Required	Ages of Children	Number of Children Present
At least 1	4 years old	1-14
	5 years old	1-17
Maximum Total of Children in the Room: 18

(6) The provider may exclude the provider's or an employee's own child, age four years or older, from the caregiver-to-child ratio when the parent of the child is working at the facility.

(7) The provider may include in the caregiver-to-child ratio any:

(a) caregiver;

(b) student intern who is registered in a high school or college child care course; and

(c) volunteer who is 16 years old or older.

Notes

Utah Admin. Code R381-40-10

Adopted by Utah State Bulletin Number 2021-07, effective 3/22/2021 Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022 Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023 Amended by Utah State Bulletin Number 2025-10, effective 5/8/2025