Okla. Admin. Code § 340:110-3-302

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

Section 340:110-3-302 - Equipment

(a)General. When obtaining and maintaining basic and play equipment, requirements in this Section are met.

(1)Type and quantity. Equipment is:

(A) of appropriate type and size meeting the age group and individual children's needs for physical, cognitive, emotional and social development; and

(B) provided in type and quantity, per Oklahoma Administrative Code (OAC) 340 Appendix MM - Equipment.

(2)Condition. Equipment is:

(A) safely constructed, including lead free;

(B) installed, maintained, and used, per manufacturer's instructions;

(C) maintained in a safe condition preventing hazards, such as tipping over, splinters, loose parts, protrusions, and sharp edges;

(D) complete and in good working condition and repair, including no holes or tears; and

(E) clean and sanitary, per OAC 340:110-3-304.

(3)Evaluate. The program:

(A) evaluates equipment for required quantity and safety on an ongoing basis; and

(B) conducts an equipment inventory at least every 12 months. Documentation is maintained, per OAC 340:110-3-281.2(c).

(b)Rest equipment. Safe and appropriate use of rest equipment is met, per OAC 340:110-3-296.

(1)Mats. Each individual mat is at least one-inch thick and covered with a durable, washable, waterproof, form-fitting material. Inflatable mats are not used for rest time.

(2)Cots. Cots are able to be cleaned and sanitized.

(3)Cribs. Cribs, including portable cribs that can be folded or collapsed without being disassembled:

(A) meet the current Consumer Product Safety Commission (CPSC) full-size and non-full-size crib standards. Documentation is maintained, per OAC 340:110-3-281.2(c); and

(B) have a mattress that is:

(i) firm;

(ii) designed to fit the specific crib, with one inch or less between the mattress and crib; and

(iii) covered with a durable, washable, waterproof, form-fitting material.

(4)Play yards. Play yards, such as playpens and pack-n-plays, are made of mesh, fabric, or other non-rigid construction.

(A) Play yards are prohibited in programs licensed on or after January 1, 2016.

(B) Existing play yards may be used in programs licensed before January 1, 2016, provided these requirements are met. However, additional or replacement play yards are not obtained after this date.

(i) The pad is manufactured for the specific play yard.

(ii) The equipment has:

(I) mesh less than 1/4 inch in size, smaller than baby clothing buttons;

(II) securely attached material at the top rail and floor plate;

(III) no tears, holes, or loose threads that could entangle a child; and

(IV) no missing, loose, or exposed staples.

(c)Indoor play equipment. Safe and appropriate use of indoor play equipment, including access, rotation, use zones, and impact-absorbing materials, is met, per OAC 340:110-3-289(f) and (g) and 340:110-3-301(b).

(d)Outdoor play equipment. Safe and appropriate use of outdoor play equipment, including open area arrangement, use zones, and impact-absorbing materials, is met, per OAC 340:110-3-301(c).

(1)Safe design. Equipment does not have:

(A) angles or openings between three and one-half inches and nine inches that could entrap any part of a child's body including his or her head, such as ladder rungs and steering wheels;

(B) exposed moving parts with pinch, crush, or shear points, such as rotating devices with exposed gears or axle assemblies and teeter-totter hinges; and

(C) swing seats made of hard or heavy materials. Swing seats are constructed of durable, lightweight, relatively pliable material, such as nylon webbing, rubber, or plastic.

(2)Stability. Equipment can withstand the maximum anticipated forces generated by active use preventing overturning, tipping, or sliding. Anchors, when used, pose no hazard to children.

(e)Prohibited equipment. Prohibited equipment is not on-site, unless the shared facility requirements, per (f) of this Section apply.

(1)Diaper changing equipment. Prohibited diaper changing equipment includes diaper changing attachments contained in pack-n-plays.

(2)Rest equipment. Prohibited rest equipment includes:

(A) bassinets, including bassinet attachments in pack-n-plays;

(B) stacked cribs; and

(C) play yards, when applicable, per (b) of this Section, including when children are awake.

(3)Play equipment. Prohibited play equipment includes:

(A) infant walkers;

(B) heavy metal or molded plastic swings, such as animal figures;

(C) swinging gates used as play equipment; and

(D) trampolines except for mini-trampolines or mini-rebounders:

(i) having a diameter of three feet or less, padded handle, and safety pad cover; and

(ii) used only by children 3 years of age and older with adult supervision.

(f)Prohibited and non-compliant equipment - shared facility. When prohibited equipment, per (e) of this Section, or equipment not meeting the requirements, including inappropriate use zones and impact-absorbing materials, are on-site due to the program sharing the facility, the requirements in (1) and (2) of this subsection are met.

(1)Inaccessible. The equipment is made inaccessible when possible, or a Licensing-approved written plan addressing a method ensuring the equipment is not used by children is followed.

(2)Capacity. The area taken by the prohibited and non-compliant equipment does not count toward the licensed capacity, classroom capacity, or outdoor play area capacity.

Okla. Admin. Code § 340:110-3-302

Amended and renumbered from 340:110-3-14 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 by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023