contracts with community employers or other community organizations to provide child care services. The county licensing agency may grant a capacity variance to a license holder licensed under this paragraph to exceed the licensed capacity of 14 children by no more than five children during transition periods related to the work schedules of parents, if the license holder meets the following requirements: (1) the program does not exceed a capacity of 14 children more than a cumulative total of four hours per day; (2) the program meets a one to seven staff-to-child ratio during the variance period; (3) all employees receive at least an extra four hours of training per year than required in the rules governing family child care each year; (4) the facility has square footage required per child under Minnesota Rules, part 9502.0425; (5) the program is in compliance with local zoning regulations; (6) the program is in compliance with the applicable fire code as follows: (i) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2-1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, Section 202; or (ii) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2003, Section 202; and (7) any age and capacity limitations required by the fire code inspection and square footage determinations shall be printed on the license; or (f) the license holder is the primary provider of care and has located the licensed child care program in a commercial space, if the license holder meets the following requirements: (1) the program is in compliance with local zoning regulations; (2) the program is in compliance with the applicable fire code as follows: (i) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2-1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, Section 202; or (ii) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2003, Section 202; (3) any age and capacity limitations required by the fire code inspection and square footage determinations are printed on the license; and (4) the license holder prominently displays the license issued by the commissioner which contains the statement “This special family child care provider is not licensed as a child care center.” 176
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