Section R9-3-502. Outdoor Activity Area Standards

A.      Except as provided in subsection (B), a certificate holder shall ensure that the child care group home has an outdoor activity area that:

1.        Is on the premises;

2.        Is at least 500 square feet in size;

3.        Is adjacent to the residence;

4.        Includes shaded areas large enough to accommodate all enrolled children occupying the outdoor activity area at any time; and

5.        Except as provided in subsection (D), is enclosed by a fence that:

a.        Is at least 4 feet high;

b.        Is secured to the ground;

c.        Does not have any vertical or horizontal open space that exceeds 4 inches at any point, including any space on a gate; and

d.        Has a gate from which an individual may exit the outdoor activity area.

B.       The outdoor activity area of a child care group home may be less than 500 square feet if:

1.        The outdoor activity area is at least 375 square feet in size; and

2.        The certificate for the child care group home was issued:

a.        Before September 30, 2011, and the size of the out- door activity area is not less than the size of the out- door activity area on September 29, 2011; and

b.        On or after September 30, 2011, and the capacity of the child care group home is limited so that the out- door activity area provides at least 50 square feet per each enrolled child.

C.      A certificate holder shall ensure that:

1.        A staff member:

a.        Keeps the gate in the fence surrounding an outdoor activity area closed while enrolled children are in the outdoor activity area, and

b.        Arranges play equipment in an outdoor activity area to eliminate hazards and to minimize conflict between children using the play equipment;

2.        If a child can fall more than 48 inches from a climbing structure, swing, or slide in an outdoor activity area to the ground below, the climbing structure, swing, or slide:

a.        Has one of the following covering the fall zone of the climbing structure, swing, or slide:

i.         At least 6 inches of fine loose sand, pea gravel, wood fiber product, or other resilient material; or

ii.        A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; and

b.        Unless manufactured to be tip-resistant, as stated in the manufacturer’s description of the climbing struc- ture, swing, or slide, is anchored securely to the ground with anchors that are installed below the ground and are covered by the resilient material required in subsection (C)(2)(a)(i) or (ii); and

3.        If a child can fall between 24 and 48 inches from a climb- ing structure, swing, or slide in an outdoor activity area to the ground below, the climbing structure, swing, or slide has covering the fall zone of the climbing structure, swing, or slide non-dormant, growing grass or the resil- ient material required in subsection (C)(2)(a)(i) or (ii).

D.      If the property adjoining an outdoor activity area has a swim- ming pool that is not enclosed by a fence that complies with the requirements of R9-3-503(B), the certificate holder shall ensure that the fence around the outdoor activity area complies with the requirements of R9-3-503(B).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1). Amended by exempt rulemaking at 17 A.A.R. 1530, effective September 30, 2011 (Supp. 11-3).