14 Del. Admin. Code § 933-V-53.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 933-V-53.0 - Outdoor Area

53.1 A licensee shall ensure the following:

53.1.1 Structures, fences, equipment, and the grounds are maintained in a clean and safe condition;

53.1.2 Outdoor areas that are used while it is dark have appropriate lighting;

53.1.3 Grounds drain naturally or through installed drainage systems so there is no standing water on the premises. Standing water after a storm must drain within 48 hours; and

53.1.4 All areas determined to be unsafe including steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets or roads, driveways, railroad tracks, or parking lots are fenced off or have natural barriers to protect children.

53.2 A licensee shall ensure that raised areas on the premises, other than stairways, over two feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.

53.3 A licensee shall ensure stairways, over four steps indoors and outdoors, have handrails at a maximum height of 38 inches that are safe for children and adults.

53.4 A licensee shall ensure children have access to an outdoor play area with at least 75 square feet for each child for the maximum number of children who will use the playground at one time.

53.4.1 A licensee shall ensure this play area has space suitable for moderate to vigorous physical activities, including running.

53.4.2 A licensee shall ensure this play area is large enough to accommodate at least 1/4 of the center's licensed capacity at one time.

53.4.3 Maximum group size is not required in the outdoor play area or approved indoor play area as long as the required square footage is maintained for each child.

53.5 A licensee shall ensure the outdoor play area for school-age children is physically separated or used at separate times from the area provided for younger children.

53.6 A licensee shall ensure a center licensed before January 1, 2007, has access to an outdoor play area with at least 50 square feet for each child for the maximum number of children who will use the playground at one time.

53.6.1 A licensee shall ensure this play area is large enough to accommodate at least 1/4 of the center's licensed capacity at one time.

53.6.2 If the capacity of a center licensed before January 1, 2007, increases, the licensee shall ensure the outdoor play area complies with these regulations.

53.7 A licensee shall ensure the outdoor play area is on-site, next to, or within a close safe walking distance of the center.

53.7.1 This play area must have a shaded rest area for children.

53.7.2 Staff members shall inspect outdoor areas before children begin to play to ensure there are no hazards present and play equipment is safe for use.

53.7.3 Outdoor sandboxes or play areas containing sand must be kept in a safe and clean manner including being covered when not in use.

53.7.4 Use of trampolines at the center is prohibited.

53.8 A licensee shall ensure the center's outdoor play areas are fenced. Use of parks or other off-site play areas that are not fenced, but used to comply with the outdoor space regulations, requires OCCL approval.

53.8.1 A licensee shall ensure fencing is sturdy, safe, and reinforced at intervals to give support, constructed to discourage climbing, and allows for viewing the children by staff.

53.8.2 A licensee shall ensure fencing is a minimum of four feet in height with openings no larger than 31/2 inches.

53.8.3 A licensee shall ensure fenced areas have at least two exits, with at least one being remote from the building. If a fenced play area contains another fenced play area (to separate age groups), only one exit is required in the second play area if it is remote from the building.

53.8.4 A licensee shall ensure gates have self-closing and positive self-latching closure mechanisms. A licensee shall ensure the latch or securing device is high enough or made so small children cannot open it. When opened, a licensee shall ensure the gate moves freely and is not hindered by scraping the ground. A licensee shall ensure fences gates are not locked during the center's hours of operation.

53.9 For a center licensed before January 1, 2007, the existing fencing shall be acceptable as long as it is safe, free from hazards, and in good repair. When the fencing is replaced, the licensee shall ensure the new fencing fully complies with these regulations.

53.10 A licensee shall ensure the protective surface of the outdoor play area beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment is of approved resilient material, which absorbs falls.

53.10.1 A licensee shall ensure the fall zone depth and materials follow the instructions as listed in the most recent publication of the Consumer Product Safety Commission's (CPSC's) Handbook for Public Playground Safety regarding critical heights of tested materials located on CPSC's website.

53.10.2 A licensee shall ensure all materials used for protective surfaces are of a size and material that do not present a safety or choking hazard. Only pea gravel shall be acceptable as cover for the outdoor play area if using a gravel or stone-like surfacing.

53.10.3 A licensee shall ensure protective surfaces of the fall zone extend at least six feet in all directions from the equipment. For swings, a licensee shall ensure the protective surfacing extends, in back and front, twice the height of the suspending bar unless otherwise directed by the CPSC or other recognized authority on playground safety.

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53.11 A licensee shall ensure outdoor play equipment is securely anchored unless portable by design.

53.11.1 A licensee shall ensure this play equipment is in good repair and placed with regard for safe use.

53.11.2 A licensee shall ensure this play equipment includes equipment for vigorous play and large muscle activity and meets the diverse needs and abilities of children served.

53.12 When a licensee cannot meet the outdoor space requirement, the licensee shall provide a minimum of 700 square feet of open, accessible indoor play space for large muscle activity. There must be at least 75 square feet for each child who will use this area at one time. Indoor play spaces that were approved by OCCL before the effective date of these regulations will remain compliant unless the center's capacity increases.

53.12.1 This indoor play space must be on-site and is in addition to the 35 square feet per child requirement.

53.12.2 There must be a protective surface of an approved resilient material, such as rubber mats, to absorb falls beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment. This material must be at a sufficient depth or thickness as required by the manufacturer's specifications or other approved entity.

53.12.3 The licensee shall have and follow a written plan approved by OCCL, which specifies how large muscle activity will be provided.

53.13 For a center licensed before January 1, 2007, the indoor play space listed in subsection 53.12 may be at a nearby facility that was previously approved by OCCL. If the capacity of the center increases allowing room for an indoor play space, the center must comply with subsection 53.12.

53.14 A licensee shall ensure a rooftop or elevated play space above the first floor is protected by a non-climbable, secure, and hazard-free barrier that is at least seven feet in height.

53.15 Portable sinks are prohibited in the outdoor area.

14 Del. Admin. Code § 933-V-53.0

24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)