Kan. Admin. Regs. § 28-4-585
Current through Register Vol. 43, No. 49, December 5, 2024
Section 28-4-585 - Building and outdoor premises(a) Safety and maintenance of each building. (1) Each operator shall ensure that the program is located in a building that meets the requirements specified in K.S.A. 65-508 and amendments thereto, the applicable building code, and any applicable local ordinances. Each operator shall ensure that no child or youth is knowingly exposed to environmental hazards, including asbestos, lead paint, and pesticides. (2) Hot and cold running water shall be supplied to hand sinks except as specified in this paragraph. The hot water temperature shall not exceed 120° F. Outdoor summer camps and mobile summer programs shall be exempt from the requirement to provide hot running water to hand sinks. (3)(A) Each operator shall ensure that each building shall have a minimum of one working flush toilet and one working hand sink for each 30 children or youth in the license capacity. One urinal may be substituted for each additional toilet in the boys' rest room. (B) Each operator shall designate the rest rooms to be used by the program. A separate rest room shall be provided for each gender unless the rest room is designated for single occupancy. (C) Each rest room shall be located to allow for the following: (i) Supervision of children and youth; (ii) immediate access to the rest room facilities by children, youth, and adults; and (iii) privacy while using the toilet. (D) If the rest rooms are also used by non-program participants during the hours of operation of the program, the operator shall develop and implement policies for rest room use for the protection of children and youth attending the program. (E) Toilet paper, soap, and either paper towels or hand dryers shall be available in each rest room. (4) Each operator shall provide adequately for the health, safety, and comfort of each child, youth, and adult by maintaining the space used by the program according to the following requirements: (A) The space shall be uncluttered and free from accumulated dirt, trash, vermin, and rodent infestation. (B) Each indoor trash container shall be emptied daily or more often if the contents are overflowing or the removal is needed to control odor. (C) Floors shall not be slippery or cracked. (D) Each rug or carpet used as a floor covering shall be slip-resistant and free from tripping hazards. A floor covering, paint, or sealant shall be required over concrete floors for all buildings. (E) Each exit shall be marked. No exit shall be blocked at any time. (5) Heating appliances shall be vented, used as intended, safely located, and maintained in operating condition. Power strips, if used, shall have a UL rating. (6) Each operator shall safely store toxic substances and materials, including cleaning supplies, pesticides, and poisons, in a locked janitor's closet, locked room, or other locked area. No child or youth shall have unsupervised access to toxic substances and materials. (b) Public and accredited non-public school buildings. (1) Inside premises. If a program is located in a public or accredited non-public school building, the operator shall ensure that the building complies with subsection (a) of this regulation and with fire safety and building code requirements applicable to schools as required by K.S.A. 65-527, and amendments thereto. (2) Outside premises. (A) Each existing outside playground or activity area and equipment acceptable for use by students of the same age during the academic day may be used by children and youth in the program if the equipment is in sound condition. (B) Additional impact-absorbent surfacing material shall not be required under anchored climbing equipment, slides, and swings if the equipment is acceptable for use by students of the same age during the academic day. (c) Public recreation center buildings. If the program is located in a public recreation center, the operator shall ensure that the building complies with subsection (a) of this regulation and with fire safety and building code requirements applicable to public recreation centers as specified in K.S.A. 65-527, and amendments thereto. (d) Buildings that are not public or accredited non-public school buildings or public recreation centers. (1) If the program is located in a building that is not a public or accredited non-public school or a public recreation center, the operator shall ensure that the following requirements are met for the building used: (A) The building shall meet the requirements in subsection (a) of this regulation. (B) The building shall not be a residence or a single-family dwelling. (C) Each stairway with more than two steps shall be railed. (D) If windows and doors are left open, they shall be screened, with each screen in good condition to prevent insects from entering the premises. (2) If a program uses a non-public source for the water supply, the water shall be safe for drinking and shall be tested annually by a department-certified laboratory. The well shall be approved by the local environmental protection program (LEPP). (e) Outside premises of public recreation centers and of other programs, including outdoor summer camps, that are not conducted in public schools or accredited non-public schools. (1) General requirements. (A) Each operator shall ensure that the outdoor activity area meets the following requirements: (i) The area shall be located and arranged to reduce the risk of injury and to enable staff to provide close visual supervision at all times. (ii) Each area shall be well drained and free of known health and environmental hazards. (iii) There shall be no tall weeds or grass, untrimmed shrubbery, or trash in the activity area. (iv) Each outdoor trash and garbage container shall be covered, and the contents shall be removed weekly. (B) If the outdoor activity area is accessible to the public, each operator shall define boundaries for the children and youth attending the program and, to the extent possible, use space reserved exclusively for the program. (2) Safety of outdoor equipment and the activity area. Each operator shall comply with the following safety requirements in the outside activity area: (A) Equipment shall be safely located, age-appropriate, and in good repair. Equipment that is broken, hazardous, or unsafe or that does not have adequate impact-absorbent surfacing material in the use zone as specified in this regulation shall not be used. (B) Impact-absorbent surfacing material shall be installed in each use zone under and around anchored play or recreational equipment over four feet in height, including climbing equipment, slides, and swings. Impact-absorbent surfacing material shall consist of any loose fill material specified in paragraph (e)(2)(G) of this regulation, unitary surfacing material, or synthetic impact material. Before any equipment over 11 feet in height is used, the operator shall meet the requirements specified in K.A.R. 28-4-588(e). (C) Each use zone shall be at least six feet from all sides of the structure. However, the side of some equipment, including a swing, shall not be required to have impact-absorbent surfacing material on each side if the potential for a fall to the side is minimal. (D) Hard-surfacing materials, including asphalt, concrete, and hard-packed dirt, shall not be used in any use zone under and around climbing equipment, slides, and swings. This requirement shall apply regardless of the height of the climbing equipment, slides, and swings. (E) If unitary surfacing material or synthetic impact material, including rubber mats, rubber tiles, and poured-in-place material, is installed in the use zone, the material shall be used and maintained according to the manufacturer's recommendations. The manufacturer's recommendations shall be on file on the premises or at a designated central office location and shall be accessible for review by the secretary's designee. (F) Surfaces made of loose materials shall be maintained by replacing, leveling, or raking the material. (G) If loose fill material is installed in the use zone, the material shall be specifically developed for playground use, and the type and depth of material used shall conform to the following chart: Required depth of impact-absorbent surfacing material for the height of equipment
Maximum height of equipment Type of material Minimum depth of material
6 feet shredded bark 6 inches
10 feet mulch 9 inches
11 feet 12 inches
7 feet 6 inches
10 feet 9 inches
11 feet wood chips 12 inches
6 feet 12 inches
9 feet fine sand 6 inches
7 feet 12 inches
10 feet fine gravel 9 inches
10 feet or less shredded rubber 6 inches
(3) Protection from environmental hazards. Each operator shall ensure that each child or youth is protected from environmental hazards as follows: (A) If a small fish pond or decorative pool with water 24 inches deep or less is on the premises, no child shall have unsupervised access to it. (B) Each outdoor activity area shall have a fence, partial fence, or other barrier to reduce the safety risk to children and youth, and to prevent chance access to any adjacent hazard, including the following: (iii) a water hazard, including a ditch, irrigation ditch, pond, lake, and any standing water over 24 inches deep. Each public recreation center shall be exempt from paragraph (e)(3) of this regulation. Kan. Admin. Regs. § 28-4-585
Authorized by K.S.A. 65-508; implementing K.S.A. 65-508 and K.S.A. 65-527; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003; amended, T-28-3-19-04, March 19, 2004; amended Sept. 10, 2004.