Okla. Admin. Code § 340:110-3-301

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-301 - Indoor and outdoor play areas

(a)Indoor and outdoor play areas.

(1)Facility. Facility requirements are met, per Oklahoma Administrative Code (OAC) 340:110-3-300.

(2)Equipment. Equipment requirements are met, per OAC 340:110-3-302.

(3)Hazards. Hazard requirements are met, per OAC 340:110-3-303.

(4)Cleanliness and sanitation. Cleanliness and sanitation requirements are met, per OAC 340:110-3-304.

(b)Indoor play areas.

(1)Square footage for licensed capacity. A minimum amount of indoor play area is required.

(A) There is at least 35 square feet of floor space per child for routine use by children.

(B) However, new construction, existing space not previously licensed for child care, or programs licensed after November 1, 2016, are required to have 40 square feet of floor space per infant in rooms occupied only by infants.

(2)Areas not counted toward licensed capacity.

Areas not counted toward the licensed capacity are:

(A) restrooms, kitchens, and hallways;

(B) storage closets and supply rooms;

(C) personnel offices, work rooms, and break rooms;

(D) areas occupied by furniture not for children's use;

(E) supplemental areas or rooms used exclusively for eating, rest time, gross motor play, or care of ill children; and

(F) alternate indoor play areas in shared facilities, per OAC 340:110-3-277(b).

(3)Areas limited for children's use. Areas in (A) and (B) of this paragraph are only used under specified conditions.

(A) Basements, areas partially below ground level, and floors above ground level are only counted toward the licensed capacity when approved by the local or state fire governmental authority having jurisdiction. Fire approval is also required before children use the area for any reason, except as part of the emergency plans and procedures, such as tornados or lock-downs. Fire inspection reports indicate age restrictions. When used by children, basements are finished, dry, and ventilated.

(B) Large areas, such as gymnasiums are only counted toward licensed capacity when divided into classrooms for children 3 years of age or older. However, they may be used as a supplemental area for any age.

(4)Classroom capacity. Classrooms are not routinely occupied by more children than can be accommodated by the square footage per (1) of this subsection.

(5)Use zones and impact-absorbing materials. Use zone and impact-absorbing material requirements, per (c) of this Section, are met for indoor climbing equipment with a fall height over four feet.

(c)Outdoor play areas.

(1)Square footage for licensed capacity. A minimum amount of outdoor play area is required.

(A) When the licensed capacity is 23 or fewer children, there is at least 75 square feet of outdoor play area per child for the licensed capacity.

(B) When the licensed capacity is 24 or more children, there is at least 75 square feet of outdoor play area per child for at least one-third of the licensed capacity or 1800 square feet, whichever is greater.

(2)Areas not counted toward licensed capacity. Alternate outdoor play areas required in shared facilities, per OAC 340:110-3-277(b), are not counted toward the licensed capacity.

(3)Outdoor play area capacity. Outdoor play areas are not routinely occupied by more children than can be accommodated by the square footage per (1) of this subsection. When the program has less than 75 square feet of outdoor play area per child for the licensed capacity, the program follows a rotation schedule as indicated on the classroom schedules.

(4)Location. Outdoor play areas are situated allowing:

(A) children to reach them safely; and

(B) supervision of areas where children cannot be easily seen.

(5)Fencing. Outdoor play areas are enclosed by a building or fence.

(A) The fence:

(i) begins at ground level;

(ii) is at least 48 inches high;

(iii) poses no risk to children; and

(iv) is maintained in a good condition, such as stable, secure, and upright.

(B) However, 4-year-olds and older may play in an unfenced or partially fenced on-site outdoor play area as part of a scheduled occasional supervised activity when the area is properly protected from traffic and other hazards.

(6)Exits and gates. The outdoor play area(s):

(A) has at least one exit remaining unlocked during operation hours and is away from the building. However, the unlocked exit may have a child-proof latch or a latch out of children's reach; and

(B) gates are kept closed when children are playing outside.

(7)Water protection. Bodies of water and water features meet water activity requirements, per OAC 340:110-3-291.

(8)Shade. Outdoor play areas have shade accessible to children when outdoors.

(9)Open area. Play equipment is arranged to have an open, continuous, uninterrupted, and unobstructed area in at least 25 percent of the required outdoor play area. Programs in shared facilities sharing outdoor play areas are exempt from this requirement.

(10)Use zones. Use zones are defined, per OAC 340:110-3-275.

(A) Use zones:

(i) are free of obstacles, except for multi-axis, swing support structures;

(ii) around all play equipment are arranged to prevent hazards from conflicting activities;

(iii) around non-portable play equipment, with a fall height of:

(I) 30 inches or less, extend at least three feet from the equipment perimeter in all directions, unless an exception in (B) of this subsection applies; or

(II) more than 30 inches, extend at least six feet from the equipment perimeter in all directions, unless an exception in (B) of this subsection applies; and

(iv) do not overlap. However, use zones in programs licensed before January 1, 2016, may overlap for existing non-portable play equipment, unless the equipment is moved.

(B) However, use zones:

(i) on the sides of play equipment, where the fall potential in that direction is minimal, are not required, such as play equipment with guardrails or barriers or the sides of swings;

(ii) for single-axis swings that move forward and backward, extend two times the length of the swing chain to the front and rear of the swing midpoint. However, swings secured by a bar or strap and used by children 2 years of age or younger are not required to extend more than six feet; and

(iii) for multi-axis swings, such as tire swings with circular motion, extend six feet plus the length of the chain in every direction from the midpoint. At least a 30-inch clearance between a fully extended tire swing seat and the support structure is required.

(C) The swing fall height is where the chain attaches at the top of the support structure.

(11)Impact-absorbing materials. Impact-absorbing materials:

(A) are required in use zones for:

(i) climbers;

(ii) swings;

(iii) slides; and

(iv) revolving equipment; and

(B) meet these requirements when obtained after August 1, 2003, as documented, per OAC 340:110-3-281.2(c). However, grass is acceptable when the fall height is four feet or less and for swings secured by a bar or strap used by children 2 years of age or younger.

(i) Loose-fill materials, such as sand, pea gravel, wood playground mulch, shredded rubber mulch, and engineered wood fibers (EWF):

(I) are maintained at a depth of at least six inches by replacing, leveling, or raking. In addition, rubber mulch, EWF, and any other loose-fill material tested by the American Society for Testing and Materials International (ASTM) complies with ASTM impact attenuation and EWF guidelines;

(II) remain loose and are not compacted. Grass and weeds in use zones are minimized to prevent compaction; and

(III) may be prevented from displacement by using impact mats meeting ASTM guidelines for impact attenuation.

(ii) Unitary materials, such as rubber mats and poured in place rubber:

(I) comply with ASTM guidelines for impact attenuation;

(II) have an ASTM rating equal to or greater than the fall height; and

(III) do not have rips, tears, and loose seams.

(12)Surfaces. At least two surface types are required. Programs licensed:

(A) on or after January 1, 2016, only count surfaces outside of use zones, including impact-absorbing materials that extend beyond use zones; and

(B) before January 1, 2016, may count surfaces inside of use zones, unless square footage is added to the outdoor play area.

Okla. Admin. Code § 340:110-3-301

Amended and renumbered from 340:110-3-22 at 32 Ok Reg 704, eff 1-1-16 (emergency)

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended at 34 Ok Reg 200, eff 11-22-16 (emergency)

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023