Section 29-367. SAFETY REQUIREMENTS FOR OUTDOOR PLAY SPACE AND EQUIPMENT IN ENCLOSED YARDS ON FACILITY PREMISES

 

367.1Each Child Development Facility utilizing an outdoor play space on the Facility premises shall enclose the outdoor play space with a fence or natural barrier, which shall be at least four (4) feet high, with a space no larger than 3 1/2 inches between its bottom edge and the ground, and designed to discourage climbing.

 

367.2The Facility shall provide at least two exits from each outdoor play space; at least one of these exits shall be remote from the Facility building(s).

 

367.3The Facility shall ensure that all outdoor gates have positive self-latching closure mechanisms, that shall be at least four and one-half (4 1/2) feet off the ground and/or constructed in a manner so that they cannot be opened by a preschool-age child.

 

367.4The Facility shall ensure that the design, construction and installation of all outdoor play equipment is consistent with the guidelines published by the U.S. Consumer Product Safety Commission in its "Handbook for Public Playground Safety" and with the standards established by the American Society for Testing and Materials

 

367.5The Center Director, Caregiver, or designated Facility staff shall conduct a daily inspection of each outdoor play space. The inspection shall include, at a minimum, an inspection of the space itself, and of each piece of equipment, for obvious hazards, and the removal of all trash, debris, broken glass and other foreign or hazardous materials.

 

367.6Each Facility serving both preschool and school-age children shall separate the outdoor play spaces used by infants, toddlers, and preschool children from the play spaces used by school-age children. The separation shall be accomplished so as not to limit the activities of either age group.

 

367.7The Facility shall ensure that all surface areas beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment are covered in resilient material that is designed to absorb falls.

 

367.8The Facility shall ensure that all outdoor equipment is securely anchored and installed so as to prevent tipping or collapsing.

 

367.9The Facility shall ensure that all outdoor play equipment is free of pinch, crush or shear points on all surfaces that are or may be accessible to children.

 

367.10The Facility shall provide only swing seats constructed of durable, lightweight, relatively pliable material.

 

367.11The Facility shall not provide trampolines, with the exception of small trampolines that have jumping surfaces no higher than twelve (12) inches off the ground. If a Facility chooses to provide such trampolines, the Facility shall ensure that all trampoline play is closely supervised and that children do not have unsupervised access to any trampoline.

 

367.12The Facility shall maintain all outdoor sandboxes and play areas containing sand in a safe and sanitary condition.

 

367.13In addition to the daily inspections required under subsection 367.5, the Center Director, Caregiver, or designated Facility staff shall thoroughly inspect each piece of playground equipment, at least monthly, for the following hazards:

 

(a)Visible cracking, bending, warping, rusting or breaking;

 

(b)Deformation of open hooks, shackles, rings, links, and the like;

 

(c)Worn swing hangers and chains;

 

(d)Missing, damaged or loose swing seats;

 

(e)Broken supports or anchors;

 

(f)Exposed, cracked or loose cement support footings;

 

(g)Exposed tubing ends that require plugs or cap covers;

 

(h)Accessible sharp edges or points;

 

(i)Protruding bolt ends that require caps or covers;

 

(j)Loose bolts, nuts or screws that require tightening;

 

(k)Splintered, cracked or otherwise deteriorating wood;

 

(l)Moving parts in need of lubrication;

 

(m)Worn bearings or other worn mechanical parts;

 

(n)Broken or missing rails, steps, rungs or seats;

 

(o)Worn or scattered surfacing materials;

 

(p)Exposed hard surfaces, especially under swings and slides;

 

(q)Chipped and/or peeling paint;

 

(r)Pinch or crush points; and

 

(s)Exposed mechanisms, junctures, and moving components.

 

367.14The Facility shall record each monthly inspection of playground equipment, shall maintain this record, and shall present it to the Director upon request.

 

367.15If any hazard listed in this section is noted or observed, the Facility shall immediately correct the hazardous condition or shall remove the piece of equipment from use until it is corrected.

 

367.16The Facility shall ensure that no lawn mowers, hedge clippers, shears and other similar items are used or stored unlocked in any outdoor play space when children are present.

 

source

Final Rulemaking published at 54 DCR 003793 (April 27, 2007).