Section 5-A125. HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: OUTDOOR ENVIRONMENT

 

125.1 A Licensee shall maintain outdoor play space free of standing water, litter, broken glass, wooden splinters, weeds, high grass, and conditions that are, or might be, hazardous to the health, safety, or welfare of children enrolled.

 

125.2 A Licensee shall ensure that each outdoor play area in use by one (1) or more children enrolled at a Facility shall be visible to and within hearing distance of Facility staff at all times.

 

125.3 A Licensee shall ensure that outdoor play space is supervised by adult staff in sufficient quantity and with appropriate placement to ensure that all children are within sight and hearing of at least one staff member at all times.

 

125.4 A Licensee shall ensure that staff, while supervising a group of children in the outdoor play space, are able to summon another adult staff member if the need arises, without leaving the children unsupervised at any time.

 

125.5 A Licensee shall ensure that all outdoor play areas and equipment conform to the standards established by the U.S. Consumer Product Safety Commission and by the American Society for Testing and Materials.

 

125.6 A Licensee utilizing an outdoor play space at the Facility premises shall enclose the outdoor play space with a fence or natural barrier that shall be at least four (4) feet high, with a space no larger than three and one-half (3-1/2) inches between its bottom edge and the ground, and designed to prevent climbing.

 

125.7 A Licensee shall provide at least two (2) exits from each outdoor play space.  At least one of these exits shall be remote from the Facility building(s).

 

125.8 A Licensee shall ensure that all outdoor gates have positive self-latching closure mechanisms that are at least four (4) feet off the ground or constructed in a manner so that they cannot be opened by a preschool-age child.

 

125.9 A Licensee shall ensure that the design, construction, and installation of all outdoor play equipment are consistent with the guidelines published by the U.S. Consumer Product Safety Commission’s current Public Playground Safety Handbook.

 

125.10 The Center Director, Caregiver, or designated Facility staff shall conduct a daily inspection of each outdoor play space.  The daily inspection shall be documented and maintained in a Facility log.  All identified problems shall be corrected as soon as possible and children prohibited from using equipment that does not meet safety standards.  The inspection shall include, at a minimum, an inspection of the space itself, removal of all trash, debris, broken glass, and other foreign or hazardous materials, and an inspection of each piece of equipment for:

 

(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 or peeling paint;

 

(r) Pinch or crush points; and

 

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

 

125.11 If any hazard listed in this section is noted or observed by the Licensee or OSSE, the Licensee shall immediately correct the hazardous condition or remove the piece of equipment from use until the hazard is corrected.

 

125.12 A Licensee serving infants, toddlers, preschool children, or 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 done in a way that does not to limit the activities of either age group.

 

125.13 A Licensee 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 diminishes the impact of falls.

 

125.14 A Licensee shall ensure that all outdoor equipment is securely anchored and installed properly to prevent tipping or collapsing.

 

125.15 A Licensee 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.

 

125.16 A Licensee shall provide only swing seats constructed of durable, lightweight, relatively pliable material.

 

125.17 A Licensee shall not allow children to use trampolines.

 

125.18 A Licensee shall maintain all outdoor sandboxes and play areas containing sand in a safe and sanitary condition, including being completely covered when not in use and free of debris.

 

125.19 A Licensee shall ensure that no lawn mowers, hedge clippers, shears or other similar items are used or stored unlocked in any outdoor play space when children are present.

 

125.20 If a Licensee chooses to utilize a rooftop play space, the Licensee shall enclose the rooftop play space with a sturdy fence at least six (6) feet high and designed to prevent climbing.

 

125.21 A Licensee shall provide a fire escape, which leads from the rooftop play space, if applicable, to an open space at the ground level of the Facility premises, and for which the Facility has received written approval from DCRA or FEMS.

 

125.22 Before a Licensee may utilize a rooftop play space, the Licensee shall obtain written approval from the DCRA or FEMS that the additional load presented by the children, staff, and play equipment on the roof is within the load capacity of the building structure.

 

125.23 Before a Licensee may utilize a rooftop play space, the Licensee shall obtain written approval from DCRA that the fence is safe, and shall submit this written approval to OSSE.

 

125.24 A Licensee may not use rooftop play space unless:

 

(a) DCRA or FEMS conducts an annual safety inspection of the fence around the play space and provides written approval stating that the fence is safe for its intended purposes; 

 

(b) DCRA or FEMS conducts an annual safety inspection of the play space and provides written approval of the use safety of the play space; and

 

(c) A copy of the most current of the written approvals described in paragraphs (a) and (b) next to the Facility’s license, in a conspicuous location at the Facility premises.

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).