Section 407.390
Outdoor Play Area
a) An outdoor play area shall be provided unless the program operates less
than three hours per day in accordance with Section 407.200(d)(3) or a waiver
has been granted by the Department in accordance with subsection (q) of this
Section.
b) The requirements for outdoor play areas shall be met immediately, except
for equipment and protective surfaces installed by the center before the effective
date of this Part, and shall fully comply with this Part no later than 36 months
after the effective date. Fences around play areas which are newly installed
or replaced after the effective date of this Part must comply with the requirements
of this Section.
c) The outdoor play area shall accommodate 25 percent of the licensed capacity
at any one time, but shall be no less than 1,500 square feet of useable activity/play
space.
d) There shall be a minimum of 75 square feet of safe outdoor area per child
for the total number of children using the area at any one time. Children under
the age of 24 months shall not use a common outdoor play area at the same time
as children ages three or older.
e) Play space shall be in a well-drained area.
f) All play space shall be fenced or otherwise enclosed or protected from
traffic and other hazards. Fences shall be at least 48 inches in height (for
fences installed or replaced after January 1, 1998). Fences shall be constructed
in such a way that children cannot exit without adult supervision. Corral-type
fences and fences made of chicken wire shall not be used. Play areas for children
under two years of age shall be enclosed so that the bottom edge is no more
than 32 inches above the ground and openings in the fence are no greater than
32 inches.
g) The outdoor play area shall be adequately protected from traffic, water
hazards, electrical transformers, toxic gases and fumes, railway tracks and
animal hazards.
h) The outdoor play area shall be arranged so that all areas are visible to
staff at all times.
i) Protective surfaces (wood mulch, bark mulch, wood chips, sand, gravel,
rubber mats, etc.) shall be provided in areas where climbing, sliding, swinging
or other equipment from which a child might fall is located.
- The protective surface shall extend at least six feet beyond the
perimeter of the equipment, except for swings.
- a) For single-axis (traditional) swings, the protective surface shall
extend both forward and backward a distance of at least two times the
height measured from the supporting bar.
- b) For tire swings which rotate, the protective surface shall extend
six feet beyond the farthest reach of the tire in all directions.
- The protective surface shall have a Critical Height value of at
least the height of the highest accessible part of the equipment, unless rubber
mats are used which have been manufactured specifically for this purpose and
which comply with the requirements established by the Consumer Products Safety
Commission or the American Society for Testing Materials. See Appendix H for
Critical Height values.
- The surface material shall be properly drained to prevent the growth
of molds and bacteria.
- When resilient materials become packed, they shall be raked and/or
turned to restore resilience.
j) A surface shall be provided that is suitable for children's wheeled vehicles
and pull toys.
k) There shall be a shaded area in the summer to protect children from excessive
sun exposure. Equipment with smooth metal surfaces, such as slides, shall be
in an area that is shaded during the summer or shall be placed in a north/south
alignment. Equipment permanently affixed on January 1, 1998 shall be accepted
if otherwise determined safe. Procedures shall be in place to prevent children
from being burned when the metal surface is too hot.
l) Play areas and play equipment shall be maintained in a safe, clean and
sanitary manner.
- The equipment in the outdoor play area shall be of safe design and
in good repair.
- The equipment shall be free of sharp points or corners, splinters,
protruding nails or bolts, loose or rusty parts, hazardous small parts, broken
glass, lead-based paint or other poisonous materials.
- All bolts, hooks, eyes, shackles, rungs and other connecting and
linking devices used on playground equipment shall be designed and secured
to prevent loosening or unfastening.
- Outdoor equipment shall be situated to avoid collisions and accidents
while still permitting freedom of action by the children.
- Supports for climbing apparatus and large equipment shall be securely
fastened to the ground.
- Access to play equipment shall be limited to age groups for which
the equipment is developmentally appropriate according to the manufacturer's
instructions.
- Swings, if used, shall have seats of rubber or impact-absorbing
material and design. Wood or metal seats shall not be used.
- Crawl spaces, such as tunnels, shall be short and wide enough to
permit access by adults.
- All pieces of playground equipment used by children five years of
age and younger shall be designed to guard against entrapment or situations
that may cause strangulation.
- a) Openings in exercise rings shall be smaller than 42 inches or larger
than nine inches in diameter.
- b) There shall be no openings in a play structure with a dimension
between 32 inches and nine inches (except for exercise rings). Side railings,
stairs and other locations that a child might slip or climb through shall
be checked for appropriate dimensions.
- c) Distances between vertical slats or poles, where used, must be 32
inches or less (to prevent head entrapment).
- d) No opening shall form an angle of less than 55Eunless one leg of
the angle is horizontal or slopes downward.
- e) No opening shall be between d inch and one inch in size (to prevent
finger entrapment).
- Sandboxes, if smaller than 100 square feet, shall be covered when
not in use. Larger sand play areas shall be covered, or there shall be a written
plan for the daily raking and cleaning of animal fecal matter, if present.
- Areas for sand play shall be distinct from the landing areas surrounding
slides and other equipment.
m) The center director or designee shall inspect the playground daily before children
go out to play to ensure there are no hazards present.
n) Prior approval of the Department is required when play space not connected
with the center is used to meet the requirements of subsections (a) through
(l) of this Section in lieu of the center's own play space. Proposed use of
a nearby park, school yard or other alternative shall be considered on a case-by-case
basis in consultation with local health and safety officials, with consideration
given to the following criteria:
- Location;
- Accessibility to children and staff by foot or the availability
of push carts or other means of transporting infants and toddlers;
- Age(s) of the children in the group(s);
- Availability of appropriate equipment;
- Traffic patterns of vehicles and people in the area;
- Condition of the park in areas related to safety;
- Usage of the park by other groups when the children would be most
likely to use it;
- Compliance with the requirements of subsection(a) through (m) of
this Section.
o) If an area not connected with the center is used for play or recreation, the
children shall be closely supervised both during play and while traveling to and
from the area.
p) Roof-top playgrounds are permissible only if the playground is completely
surrounded by a non-climbable fence at least eight feet in height which has
no openings of any kind, a structural clearance for the use of the roof as a
play area has been obtained, and the Office of the State Fire Marshal or the
Chicago Fire Department's Fire Prevention Bureau has approved in writing the
use of the roof as a playground.
q) The Department may grant a waiver of the outdoor play area requirement
under the following conditions:
- The facility is located in an urban area where suitable, safe outdoor
space is not available;
- The facility has an indoor activity room that provides 75 square
feet per child for at least 25% of the licensed capacity of the facility and
is used for gross motor play in lieu of the outdoor space; and
- Parents are given notification of this waiver in writing upon enrollment
of their children.
(Source: Added at 22 Ill. Reg., effective January 1, 1998)
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