Cal. Code Regs. tit. 22 § 84087.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 84087.2 - Outdoor Activity Space
(a) Children shall have access to safe outdoor activity space.
(1) Outdoor activity space meeting the requirement of (a) above shall include but not be limited to activity centers and public parks.
(2) A sketch of the physical plant as required in the plan of operation pursuant to Section 80022, shall include the location(s) of outdoor activity space.
(3) The outdoor activity space shall not include any area made inaccessible by fencing pursuant to Section 80087(f).
(4) Where natural or man-made hazards such as canals, cliffs, condemned buildings, creeks, ditches, lakes, ocean fronts, mines, power lines, quarries, rivers, ravines, swamps, watercourses, and areas subject to flooding lie on or adjacent to the facility premises, the outdoor activity space shall be inaccessible to such hazards.
(A) Where a fence or wall is used to make the outdoor activity space inaccessible, the requirements of Section 80087(f)(1) shall be met.
(5) The administrator or facility manager, or their responsible designee, shall apply the "Reasonable and Prudent Parent Standard," as specified in Section 84067, when determining whether to allow a "child" to have access to fish ponds, fountains, and similar bodies of water.
(A) The licensee shall ensure safeguards that include but are not limited to; familiarity of the surroundings, and staff trained in water safety as specified in Section 80065(e)(2).
(b) As a condition of licensure, the areas around and under high climbing equipment, swings, slides and other similar equipment shall be cushioned with material which absorbs falls.
(1) Sand, woodchips, peagravel or rubber mats commercially produced for this purpose, shall be permitted.
(2) The use of cushioning material other than that specified in (1) above shall be approved by the licensing agency in advance of installation.

Cal. Code Regs. Tit. 22, § 84087.2

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Sections 361.2(j)(2), 362.04, 362.05 and 727, Welfare and Institutions Code.

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Sections 361.2(j)(2), 362.04, 362.05 and 727, Welfare and Institutions Code.

1. New subsections (a)(1) and (a)(2) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
2. Editorial correction of subsection (a)(1) (Register 95, No. 44).
3. New subsections (a)(3)-(a)(4)(A) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
4. New subsections (a)(5)-(a)(5)(A) and amendment of Note filed 9-3-2010; operative 10-3-2010 (Register 2010, No. 36).
5. Amendment of subsection (a)(5) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).