Ariz. Admin. Code § 9-5-603

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-5-603 - Outdoor Activity Areas

A. Except as provided in subsection (B), a licensee shall not permit an enrolled child to cross a driveway or parking lot to access an outdoor activity area on the facility premises or a school campus unless the licensee obtains written approval from the Department.

B. If a licensee requests approval from the Department for enrolled children to cross a driveway or parking lot to access an outdoor activity area, the Department shall inspect the facility premises or school campus to determine whether the health, safety, or welfare of enrolled children would be endangered. The Department shall notify the licensee of approval or disapproval within 30 calendar days of receipt of the request. If disapproved, the Department shall provide the licensee with the requirements necessary to approve the proposed crossing.

C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:

1. Is enclosed by a fence:

a. A minimum of 4 feet high,

b. Secured to the ground, and

c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches;

2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and

3. Has gates that are kept closed while an enrolled child is in the outdoor activity area.

D. A licensee shall ensure that a playground used only for enrolled school age children at a facility operating at a public school meets the fencing requirements of the public school. If the Department determines by inspection that a facility fence at a public school does not ensure the health, safety, or welfare of enrolled children, the licensee shall meet the fencing requirements of subsection (C).

E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:

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

2. A minimum depth of 6 inches of a nonhazardous, resilient material such as fine loose sand or wood chips.

F. A licensee shall ensure that hard surfacing material such as asphalt or concrete is not installed or used under swings or climbing equipment unless used as a base for a rubber surfacing.

G. A licensee shall ensure that a swing or climbing equipment is not located in the fall zone of another swing or climbing equipment.

H. A licensee shall provide a shaded area for each enrolled child occupying an outdoor activity area at any time of day.

Ariz. Admin. Code § R9-5-603

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former R9-5-603 renumbered to R9-5-602; new R9-5-603 renumbered from R9-5-604 and amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018.