SECTION 340:110-3-301. Indoor and outdoor play areas

(a)   Indoor and outdoor play areas.

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

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

(3)   Hazards. The hazard requirements are met per OAC 340:110-3-303.

(4)   Cleanliness and sanitation. The 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 or limited for children's use. Some areas may not be suitable for children's use or only under the conditions listed in (A) through (C) of this paragraph.

(A)   Areas not counted toward the licensed capacity are:

(i)   restrooms, kitchens, and hallways;

(ii)   storage closets and supply rooms;

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

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

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

(vi)   alternate indoor play areas in shared facilities as described per OAC 340:110-3-277(b).

(B)   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.

(C)   Large areas, such as gymnasiums are only counted toward the licensed capacity when divided into classrooms for 3-year-olds or older. However, they may be used as a supplemental area for any age.

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

(4)   Use zones and impact-absorbing materials. The 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 for 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 for 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. The 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. The outdoor play areas are situated to allow the:

(A)   children to reach them safely; and

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

(5)   Fencing. The 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, 5-year-olds and older who are attending or have completed kindergarten 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 that remains unlocked during the hours of operation and is away from the building. However, the unlocked exit may have a child-proof latch or a latch out of the reach of children; and

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

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

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

(9)   Open area. The 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 that share their outdoor play areas are exempt from this requirement.

(10)   Use zones. Use zones are clearance spaces and surfaces under and around a piece of equipment onto which a child falling or exiting from the equipment would be expected to land.

(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 in all directions from the equipment perimeter, unless an exception in (B) of this subsection applies; or

(II)   more than 30 inches, extend at least six feet in all directions from the equipment perimeter, 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 2-year-olds or younger are not required to extend more than six feet; and

(iii)   for multi-axis swings, such as tire swings that move in a circle, 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 2-year-olds 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 that is tested by the American Society for Testing and Materials International (ASTM) must comply 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 that meet 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 the use zones, including impact-absorbing materials that extend beyond the use zones; and

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

[Source: Amended and renumbered from 340:110-3-22 at 32 Ok Reg 704, eff 1-1-16 (emergency); Amended and renumbered from 340:110-3-22 at 33 Ok Reg 1678, eff 9-15-16; Amended at 34 Ok Reg 200, eff 11-22-16 (emergency); Amended at 34 Ok Reg 1652, eff 9-15-17]