5101:2-13-14 Outdoor play requirements in licensed type A homes.

(A) The type A home shall provide outdoor play each day in suitable weather for any toddler, preschool, and school child who is in attendance four or more consecutive daylight hours.

(B) Child care staff members shall watch for potential hazards while observing children and shall actively supervise all children to prevent injury. When seven or more children are present at the home and a group of children is outdoors, the child care staff member responsible for the group shall be able to summon another adult without leaving the group alone or unsupervised.

(C) The type A home shall have onsite, or safely accessible, a safe, sanitary outdoor play space free of hazardous conditions. The play area shall meet all of the following requirements:

(1) Provides at least sixty square feet of usable space per child using the area at one time.

(2) Is arranged so that all areas are visible to staff at all times.

(3) Is well defined by a fence in good repair or a natural or other barrier. Fencing is not considered outdoor equipment.

(4) If gates are used, they shall be equipped with functional latches that cannot be easily opened by young children. Gates shall not be padlocked when children are present at the home.

(5) Is protected from traffic and animals.

(6) Is maintained free of heating and air conditioner units, generators, foreign objects and rubbish or these items are fenced or made inaccessible to children.

(7) Provides a shaded area as needed.

(8) Provides access to bathroom facilities and drinking water during play times.

(9) Provides for storage of accumulated trash, rubbish and garbage outside of the play area. A trash can with a lid is permitted in the play area if it is emptied daily and kept in a clean condition so as not to attract insects.

(D) A type A home that is approved to use an off site play space may use the play space regardless of change of ownership unless it is determined, upon inspection, that the play space or its accessibility is unsafe.

(E) Outdoor equipment shall be safe and designed to meet the developmental needs of all of the age groups of children using the space.

(1) Equipment, such as, but not limited to, climbing gyms, swings and slides shall meet all of the following requirements:

(a) Be placed out of the path of the area's main traffic pattern.

(b) Be anchored or stable, and have all parts in good working order and securely fastened.

(c) Have all climbing ropes anchored at both ends and not capable of looping back on themselves creating a loop with an interior perimeter of five inches or greater.

(d) Have all S hooks closed so that there is no gap greater than .04 inch or the thickness of a dime.

(e) Be free of rust, cracks, holes, splinters, sharp points or edges, chipped or peeling paint, protruding bolts, or tripping hazards.

(f) Have no completely bound openings that are greater than three and one half inches, but less than nine inches to avoid entrapment of the head or other body parts. Equipment shall be able to pass inspection using the head probe, torso probe and protrusion gauge as indicated in appendix B of the consumer product safety commission "Public Playground Safety Handbook" (publication #325, revised November 2010) available at http://www.cpsc.gov//PageFiles/122149/325.pdf.

(g) Have protective barriers on platforms that are thirty inches high or over. A protective barrier means an enclosing device around an elevated platform that is intended to prevent both inadvertent and deliberate attempts to pass through the device.

(h) Be assembled and installed, according to manufacturers' guidelines.

(2) Trampolines more than four feet in diameter shall not be permitted for use when children are in care.

(3) Except during the home's daylight hours of operation, all sandboxes shall be covered with a lid or other covering.

(F) Outdoor play equipment designated for climbing or bouncing, and swings and slides, shall have a fall zone of protective resilient material on the ground under and around the equipment. The material shall be, but not limited to, washed pea gravel, mulch, sand, wood chips, synthetic material such as rubber mats or tiles manufactured for this purpose. This equipment shall not be placed over grass, concrete, asphalt, blacktop, dirt, rocks, or any hard surface. Synthetic surfaces shall follow manufacturers' guidelines for depth.

(G) The type A home shall not use outdoor porches above the first floor as play areas unless the porches are fully enclosed and determined to be structurally sound by the local building department having jurisdiction.

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Effective: 11/22/2015
Five Year Review (FYR) Dates: 06/09/2015 and 11/22/2020
Promulgated Under: 119.03
Statutory Authority: 5104.017
Rule Amplifies: 5104.017
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/05, 7/1/10