(1) The department:

(a) Will issue licenses that specify the licensed capacity of children and youth licensees may have placed in their GCF;

(b) Determines capacity by evaluating the following:

(i) Licensees' ability to care for children and youth;

(ii) Number of individuals providing care and their skills;

(iii) Physical accommodations of the facility;

(iv) The ages and needs of the children and youth who may be placed in their facility; and

(v) The certificate of occupancy issued by the municipality's building department, except SRHs licensed for five or fewer children or youth do not require a certificate of occupancy; and

(c) May issue a license with a lower capacity than the license type allows, based on their evaluation.

(2) Licensees must not exceed the capacity on their license, unless an exception is approved by LD, per WAC 110-145-3540.

(3) In order to be licensed to care for children younger than six years old, unless otherwise allowed by their license type, licensees must either care for:

(a) Children or youth:

(i) With developmental disabilities; or

(ii) That are medically fragile; or

(b) Pregnant or parenting youth.