Ariz. Admin. Code § 6-5-7471

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-5-7471 - Special Physical Environment and Safety Requirements for Outdoor Experience Programs

A. Definition. As used in this Section, the term "agency" means a licensee operating an outdoor experience program.

B. Campsite location

1. General. The agency shall conduct activities on sites appropriate for the children in terms of individual needs, program goals, and access to service facilities.

2. Hazards

a. When selecting a campsite, the agency shall consider supervision of children, security, evacuation routes, animal hazards, and weather conditions, including the possibilities of lightning or flood.

b. A campsite shall be located on land that provides good drainage. A campsite shall not be located in a river bed or desert wash.

c. A campsite shall be free of debris, poisonous vegetation, and uncontrolled weeds or brush.

d. Children shall be warned and protected from hazardous areas such as traffic, cliffs, sinkholes, pits, falling rock or debris, abandoned excavations and poisonous vegetation. Hazardous areas shall be guarded or posted to reduce the possibility of accidents.

C. Physical environment

1. Sleeping shelters

a. All tents, teepees, or other sleeping shelters made of cloth shall be fire retardant or, if purchased after January 1985, shall be of the fiber-impregnated flame-retardant variety. Plastic sleeping enclosures of any type are prohibited.

b. Tents or other shelters used for sleeping areas shall be easily cleanable and in good repair, shall be structured and maintained in safe condition and shall afford adequate protection against inclement weather.

c. Tents or other types of temporary shelters shall provide sleeping space of not less than 15 square feet per person.

d. Campfires and open flames of any type are prohibited within 21 feet of any tent, teepee, or other sleeping shelter.

e. Smoking is prohibited within any sleeping shelter.

f. All sleeping shelters shall be posted with a permanent warning "No open flame in or near this shelter." This warning shall be on a sign or stenciled directly on the shelter.

g. Sleeping areas shall have direct exit access to the outside which is free of all obstruction or impediments to immediate use in the case of fire or other emergency.

2. Sleeping equipment

a. Sleeping equipment shall be provided by the agency and shall be clean, comfortable, non-toxic and fire-retardant.

b. Sleeping equipment shall provide reasonable insulation from cold and dampness. In addition to sleeping bag or blankets, insulation from the ground such as with a waterproof ground cloth or air or foam mattress shall be provided. A waterproof sleeping bag is not satisfactory.

c. All sleeping equipment shall be laundered, dry cleaned, and otherwise sanitized between assignment to different children or staff. Bedding shall be aired at least once every five days and laundered, dry cleaned, and sanitized once every 30 days.

d. Each child shall have a place for personal own sleeping equipment, clothes, and personal belongings. Such items shall be labeled or marked as to which child is using or owns such items.

3. Outdoor toilet areas

a. The agency with outdoor toilet areas shall provide facilities which allow for individual privacy.

b. Toilet areas shall be constructed, located and maintained so as to prevent any nuisance or public health hazard. Facilities provided for excreta and liquid waste disposal shall be maintained and operated in a sanitary manner as prescribed by the Department of Health Services in A.A.C. R9-8-301 through R9-3-308, and the Department of Environmental Quality in 18 A.A.C. 8, Article 6.

c. Toilet areas which do not have plumbing shall be located at least 75 feet from but within 300 feet of any living or sleeping area, or both, and shall be located at least 100 feet from any lake, stream, or water supply.

d. Toilets, outhouses, or portable shacks shall be adequate in number based on one seat for every 10 children in care.

i. There shall be a minimum of two seats if there are more than five children.

ii. If the agency serves physically disabled children, toilet facilities shall provide one seat for every eight persons.

e. Toilet facilities shall be well ventilated, allow for air circulation, be screened and periodically treated to deter insects, and be in good repair. An adequate supply of toilet paper shall be provided.

f. Toilets, outhouses, and portable shacks shall be cleaned and disinfected at least daily. Portable shacks shall be dumped daily in an approved dump station.

g. Toilet seats shall be constructed of nonporous materials. Wood is not acceptable.

h. Handwashing facilities shall be adjacent to the toilet area and shall be separate and apart from sinks and areas used for food preparation or washing pots, pans, kitchen, and eating utensils. Individual soaps and hand-drying devices shall be available.

4. Food preparation and serving

a. Menus. Menus shall be planned at least one week in advance and shall then be dated, posted, and kept on file for one year.

b. Food

i. All food and drink shall be stored to prevent spoilage. Only the foods which can be maintained in a wholesome condition with the equipment available shall be used.

ii. All milk and milk products utilized by the agency shall be obtained from sources approved by the State Department of Health Services.

iii. Only pasteurized milk and U.S. Government- inspected meat shall be served to the children. Powdered milk may only be used for cooking or when no refrigeration is available on a wilderness trip.

iv. Spoiled or contaminated foods shall not be used.

v. Raw fruits and vegetables shall be washed before use.

c. Preparation

i. All persons handling food shall wear clean outer garments and keep their hands and fingernails clean at all times while handling food, drink, utensils, or equipment.

ii. Smoking in the food preparation area is prohibited.

iii. Handwashing areas, including water, soap, and approved sanitary towels or other approved hand-drying devices, shall be provided adjacent to food preparation areas.

iv. Areas in which food and drink are stored, prepared or served, or in which utensils are washed, shall be rodent proof, rodent free, and rubbish free. They shall be cleaned after the serving of each meal. Any floors, walls, shelves, tables, utensils, and equipment in these areas shall be of such construction as to be easily cleaned, and shall be well lighted and ventilated.

v. All food preparation and service shall comply with applicable Department of Health Services food service rules in 9 A.A.C. 8, Article 1.

vi. No dish, receptacle, or utensil used in handling food for human consumption shall be used or kept for use if chipped, cracked, or broken.

vii. Prepared food shall be maintained at temperatures below 45°F or above 140° F; leftovers shall be reheated to 165° F.

d. Serving

i. Meal time shall be structured to make it a pleasant experience with sufficient time allowed for the children to eat at a reasonable, leisurely rate.

ii. Normal conversation shall be allowed and encouraged during meals.

e. Dish and utensil washing

i. Disposable or single-use dishes, utensils, receptacles or towels used in handling or preparing food shall be discarded after one use.

ii. Non-disposable food service dishes and utensils shall be cleaned and disinfected after each use in accordance with the following:

(1) A three-compartment sink or vat shall be used. Dishes and utensils shall be thoroughly scraped, washed with soap or detergent in hot water, kept clean, then rinsed free of detergents in clear water and then immersed for a period of at least two minutes in a warm or hot chlorine solution containing at no time less than 50 parts per million of available chlorine or such other solution as may be approved by the state or local health authority.

(2) Sinks shall be large enough to thoroughly immerse pots and pans.

(3) Dish towels shall not be used.

(4) Dishes and utensils shall be air dried. Drain boards shall be provided for draining dishes and utensils.

D. Equipment

1. Tools. Power tools, garden tools, and repair equipment shall be kept in a locked area and used by children only under adult supervision.

2. Protective clothing/equipment. Appropriate protective clothing/equipment shall be provided to children by the agency, when children are participating in potentially hazardous activities.

3. Program equipment

a. The agency shall use program equipment that is maintained in good repair, stored in such a manner as to safeguard the effectiveness of the equipment, and is given a complete safety check periodically and immediately prior to each use. Equipment shall be discarded after a period of time designated by the manufacturer.

b. The agency shall use program equipment appropriate to the age, size, and ability of each child in the activity.

E. Storage. The agency shall provide sufficient and appropriate storage facilities.

1. Toxic substances

a. The agency shall have securely locked storage spaces for all harmful materials. The keys to such storage spaces shall be available only to authorized staff members.

b. House and garden insecticides and other poisonous materials and all corrosive materials shall be kept in locked storage out of reach of children. Such storage shall not be in or near kitchen or food preparation or storage areas.

c. The agency shall have only those poisonous or toxic materials needed to maintain the program.

2. Drugs

a. A special cabinet shall be designated for medicine only. The medicine cabinet shall be kept locked and periodically cleaned. All outdated medications and those prescribed for past illnesses or for children discharged from the agency shall be destroyed.

b. All prescription medicines, drugs, etc., requiring refrigeration shall be marked with the required temperature range and stored in a refrigerator with a thermometer separate from food items and maintained under temperature ranges recommended by the manufacturer.

3. Flammable materials. Flammable liquids and gases shall be stored in metal containers only. The storage area must be separated from the rest of the living/program area.

4. Food

a. All food and drink shall be stored so as to be protected from dust, flies, vermin, rodents, and other contamination. No live animals shall be allowed in any area in which food or drink is stored.

b. Food and nontoxic cleaning supplies must be stored separately. Clean dishes and utensils shall be stored on properly covered shelves or in containers which are cleaned once a week with a chlorine solution (1 tablespoon of bleach to one gallon of water or an acceptable equivalent).

c. All perishable food items shall be kept refrigerated except during the time of preparation and service.

d. The temperature of refrigerated food must be maintained within a range from 38°F to 45°F.

e. A thermometer shall be located in each refrigerator, including ice boxes and ice chests, as well as electric or gas refrigerators. Where ice and ice boxes or chests are used, adequate ice shall be provided, meats and other highly perishable foods shall not be stored over 24 hours and ice chests shall be drained to prevent accumulation of water from melted ice.

F. Water

1. Approved source. The agency must have a sufficient water supply which is potable and from an approved source or purified for drinking, brushing teeth, and cooking.

2. Water purification. Water purification tablets or other means of disinfecting water shall be available at all times. The agency shall have a written policy on effective purification methods to be employed according to the water sources utilized and possible types of contamination.

3. Bathing. Warm water facilities shall be planned for and available for each child to bathe at least once a week.

4. Washing and laundering. Personal washing and laundering is not permitted in any body of water. Water used for these purposes shall be taken in a container from the lake, river or pond, and after use, shall be dumped on land at least 50 yards from the water source.

5. Drinking water

a. Cool, potable drinking water shall be available for all children at all times.

b. The use of a common drinking utensil is prohibited.

G. Sanitation

1. Health and Environmental requirements

a. The disposal of sewage, garbage, and other wastes shall be done in accordance with local health and applicable state requirements, as provided in 18 A.A.C. 8, Article 6 and 18 A.A.C. 9, Article 8.

b. The agency shall obtain sanitation inspections of mobile kitchens or mobile toilet facilities, or both, prior to each trip by state or county authorities. Written reports of the sanitary inspections shall be kept on file at the agency. The agency shall meet all local, state, and federal health rules and regulations.

2. Garbage and rubbish

a. Garbage and rubbish shall be stored securely in durable, noncombustible, leakproof, non-absorbent containers covered with tight-fitting lids. Such containers shall be provided with a waterproof liner or thoroughly cleaned after each emptying.

b. Garbage and rubbish storage shall be separate from living/sleeping areas.

c. Garbage, rubbish and other solid wastes shall be disposed of twice weekly at an approved sanitary landfill or similar disposal facility. In areas where no facilities are immediately available, solid wastes shall be packed out or disposed of in a manner in accordance with the regulations governing the area.

3. Sewage and wastes

a. Sewage and other liquid wastes shall be disposed of in a public sewage system or, in the absence thereof, in a manner approved by the local health authority.

b. Where possible, adequate and safe sewage facilities with flush toilets shall be provided.

4. Insects and rodents. Methods utilized in control of insects and rodents shall be used in a safe, cautious manner to avoid poisonous or toxic contamination to human beings.

H. Safety

1. Emergency procedures

a. The agency shall have and follow written procedures for staff and children in case of emergency. These procedures shall be developed with the assistance of qualified fire, safety, and rescue personnel and shall include provisions for the evacuation of all program areas and assignment of staff.

b. The agency shall train staff and children to report fires and other emergencies appropriately. Children and staff shall be trained in fire prevention.

c. The agency shall conduct emergency drills which shall include actual evacuation of children to safe areas at least monthly. The agency shall provide training for personnel on all shifts in performing assigned tasks during emergencies and making personnel familiar with the use of agency fire-fighting equipment.

i. Emergency drills shall be held at unexpected times and under varying conditions to simulate the possible conditions of fire or other disasters.

ii. All persons in the program area shall participate in emergency drills.

iii. A record of such emergency drills shall be maintained.

iv. The agency shall make special provisions for the evacuation of any physically handicapped children in the program.

v. The agency shall help emotionally disturbed or perceptually handicapped children understand the nature of such drills.

2. General program safety

a. The agency shall have written operating procedures, safety regulations, and emergency procedures for special program activities in which children participate, including aquatics, diving, lifesaving, instructional swimming, recreational swimming, water skiing, skin diving, scuba diving, boating, canoeing, rowing, sailing, crafts, bicycling, farming, horseback riding, mountaineering, rock climbing, rappelling, caving, outdoor living skills, physical fitness, snow and ice activities, archery, gymnastics, riflery, contact sports, backpacking, expedition travel, and animal handling.

b. The agency shall provide the written operating procedures, safety regulations, and emergency procedures to the Department licensing staff for review and approval.

c. All children and staff shall receive instruction in the safe and proper use of all equipment and animals to be used by the program.

d. All children and staff shall be oriented as to safety regulations, emergency procedures and transportation to emergency facilities and/or personnel.

3. Electrical

a. Electrical wiring and electrical appliances shall be installed in accordance with the Arizona State Fire Code at A.A.C. R4-36-201.

b. Electrical wires extending over activity areas shall be fully insulated and located at least 12 feet above the activity area.

c. All exposed wiring shall be fully insulated.

4. Gas appliances

a. The installation of gas appliances for lighting, cooking, space heating, and water heating shall conform to state and local codes. Where no code applies, the provisions of A.R.S. §§ 36-1621 through 36-1626, together with the standards for the installation of gas appliances and gas piping, shall be followed.

b. All unused gas outlets shall have the valves removed and shall be capped off with a standard pipe cap.

c. Gasoline shall not be used for lighting, cooking, or heating.

5. Fire safety equipment

a. Portable fire extinguishers shall be available and maintained for emergency fire protection. The number and type shall depend on the area to be protected.

b. All fire extinguishers shall be inspected at least monthly by staff members for proper location and to determine whether they are accessible, fully charged, and operable.

c. All fire extinguishers shall be inspected by an authorized fire extinguisher company at least once a year from the date of last charge and recharged immediately after use, or as otherwise necessary, showing the date of charging and the agency or company performing the work.

d. A dependable method of sounding a fire alarm shall be maintained in every agency area where children are located.

e. A written fire evacuation plan shall be posted.

I. Water safety

1. Water activities supervision

a. A water activities program operated by the agency shall at all times be under the immediate supervision of a person holding current certification as a Red Cross Water Safety Instructor, a YMCA Instructor in swimming and life saving, or an Aquatic Instructor Boy Scouts of America. A water-activities program includes recreational and instructional swimming in a pool, on a beach, or other approved water areas, rowing, canoeing, sailing, boating, water skiing, snorkeling and scuba diving.

b. The water activities supervisor shall provide pre-service training programs for participating children, supervise qualified lifeguards for water activities and maintain water activities equipment in safe working order.

c. There shall be a minimum of one guard currently certified in Red Cross Advanced Lifesaving, YMCA Lifesaving, or a Lifeguard Boy Scouts of America on duty for each 25 persons in or on the water, and in addition one staff member directly watching every 10 or less persons in or on the water.

2. Swimming procedures

a. American Red Cross, YMCA, or Boy Scouts of America tests shall be used to determine each child's swimming ability. Children shall be confined to an area equal to the limits of their swimming skills or an area requiring lesser skills for which they have been classified.

b. A method of supervising and checking bathers shall be established and enforced. The system used shall be supervised during swimming periods by a member of the aquatics staff and checks shall be conducted not less than every 10 minutes. A written "lost swimmer" plan shall be established and all staff shall know exactly what their duties are in case of an emergency.

c. Children shall swim only in areas designated by the water activities supervisor as safe.

d. Swimming is prohibited during the hours of darkness except in lighted pools.

3. Swimming areas

a. A swimming area shall be maintained in a clean and safe condition, free from holes, sharp edges, and hidden dangers. The agency shall post notice of any known hazard in the vicinity and shall properly safeguard children.

b. The swimming area shall have a delineation of areas for non-swimmers, intermediates, and swimmers in accordance with the standards of the American Red Cross, YMCA, Boy Scouts of America.

c. Lifesaving equipment shall be provided at a swimming area and placed so it is immediately available in case of an emergency. The equipment shall be kept in good working order and include a bell or whistle, two assist poles, and a ring buoy.

d. The water of a natural swimming area shall be free from contamination by garbage, refuse, sewage pollution, or foreign material.

4. Watercraft and water-skiing

a. Any watercraft activities shall be conducted during daylight hours and supervised by the aquatics program instructor. A U.S. Coast Guard-approved life preserver shall be provided for each occupant of a watercraft. A non-swimmer shall wear a vest-type Coast Guard-approved life preserver and not be permitted in a watercraft unless accompanied by a staff member. A child shall wear a vest-type Coast Guard-approved life preserver before entering and while in white water or on a lake when the water is rough or while water-skiing.

b. During a watercraft activity period, a lifeguard shall patrol the watercraft area in a lifeboat. A watercraft docking area shall not be in the swimming area.

c. The swimming area shall not be used for the launching or stopping of water-skiers.

d. The agency which requires or permits children to use watercraft shall have special coverage for such activities included in the agency's liability insurance.

J. Communications. The agency shall have a plan for emergency communication and communication equipment available with each mobile program unit, which may include:

1. Telephone in camp units and outposts;

2. Two-way radio or walkie-talkie;

3. Knowledge of phone or radio locations on backpack, horseback, canoe or car trips, such as Ranger stations in remote areas;

4. Simple code by flag, smoke, or mirror or other means if planned in advance.

K. Transportation

1. Vehicles

a. The agency shall provide or arrange transportation necessary for implementing the child's service plan.

b. Vehicles used in transporting children in care of the agency shall be licensed and inspected in accordance with Arizona state law.

c. Vehicles used for the transportation of children shall be maintained in a safe condition and be equipped in a fashion appropriate for the season.

d. The agency shall maintain written evidence that all vehicles owned, leased, borrowed, or rented by the agency to transport children are serviced regularly and maintained safely.

e. Vehicles used for the transportation of children shall be equipped with a first-aid kit and emergency accessories including tools, a fire extinguisher and flares or reflectors.

f. The agency shall not allow the number of persons in any vehicle used to transport children to exceed the number of available seats in the vehicle.

g. The agency shall not transport children in open truck beds or in trailers.

h. The agency shall ensure that any vehicle used to transport children has the following minimum amounts of liability insurance:

Injury per person: $300,000

Injury per accident: $1,000,000

2. Drivers

a. Any person transporting children in care of the agency shall be licensed to operate that class of vehicle according to Arizona state law.

b. The agency shall provide adequate supervision in any vehicle used by the agency to transport children in care.

c. The agency shall ascertain the nature of any need or problem of a child which might cause difficulties during transportation, such as seizures, a tendency towards motion sickness, or a disability. The agency shall communicate such information to the operator of any vehicle transporting children in care.

3. Transportation of nonambulatory children. The following additional arrangements are required for agencies serving handicapped, nonambulatory children.

a. A ramp device to permit entry and exit of a child from the vehicle must be provided for all vehicles except automobiles used to transport physically handicapped children. A hydraulic lift may be utilized provided that a ramp is also available in case of emergency.

b. In all land vehicles except automobiles, wheelchairs shall be securely fastened to the floor.

c. In all land vehicles except automobiles, the arrangement of the wheelchairs shall provide an adequate aisle space and shall not impede access to the exit door of the vehicle.

4. Emergency transportation

a. The agency shall have means of transporting children in cases of emergency.

b. The agency shall have a written plan for transportation of injured persons to emergency medical services.

L. Animals

1. Safety. The agency shall be responsible for the care and behavior of pets or any animals allowed or used in the program. Animals shall have had necessary rabies shots.

2. Insurance. The agency which requires or permits children to ride horses or other domesticated animals shall have specific coverage for such activities included in the agency's liability insurance.

3. Sanitation. A temporary, shelter, corral, tie-rail, or hitching post shall be located beyond 50 feet of an area where food is prepared, cooked, or served. Fly repellents and daily removal of manure shall be used to prevent such a location from becoming an attraction for or breeding place for flies.

Ariz. Admin. Code § R6-5-7471

Renumbered from R6-5-7308 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).