10A NCAC 09 .0605. CONDITION OF OUTDOOR LEARNING ENVIRONMENT

(a)  All equipment shall be in good repair and shall be maintained in useable condition.  All commercially manufactured equipment shall be assembled and installed according to procedures specified by the manufacturer.

(b)  Equipment shall be sturdy, stable, and free of hazards that are accessible to children during normal supervised play including sharp edges, lead based paint, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points.

(c)  All broken equipment shall be removed from the premises immediately or made inaccessible to the children.

(d)  Children shall not be allowed to play on outdoor equipment that is too hot to touch.

(e)  Any openings in equipment, steps, decks, and handrails shall be smaller than 3½ inches or greater than 9 inches to prevent entrapment.

(f)  All upright angles shall be greater than 55 degrees to prevent entrapment and entanglement.

(g)  The outdoor play area shall be protected by a fence or other protection.  The height shall be a minimum of four feet and the top of the fence shall be free of protrusions.  The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above.  The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds.  Gates to the fenced outdoor play area shall remain securely closed while children occupy the area.

(h)  All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing.  Footings which anchor equipment shall not be exposed.  Loose surfacing material shall not be installed over concrete.  Acceptable materials to be used for surfacing include:  wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel.  Other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard 1292, may be used only if installed, maintained, and replaced according to the manufacturer's instructions.  Pea gravel shall not be used if the area will be used by children under three years of age.  The depth of the surfacing that is required shall be based on the critical height of the equipment.  The critical height is defined as the maximum height a child may climb, sit, or stand.

(1)           Equipment with a critical height of five feet or less shall have six inches of any of the surfacing materials listed.

(2)           Equipment with a critical height of more than five feet but less than seven feet shall have six inches of any of the surfacing materials listed, except for sand.

(3)           Equipment with a critical height of seven feet to 10 feet shall have nine inches of any of the surfacing materials listed, except for sand.

(4)           When sand is used as a surfacing material for equipment with a critical height of more than five feet, 12 inches is required.

(i)  The area required to have protective surfacing is the area under and around the equipment where the child is likely to fall and it is called the fall zone.  The area for fall zones is as follows:

(1)           For stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing is only required at all points of entrance and exit for any structure that has a protective barrier.

(2)           For stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of six feet.

(j)  Exceptions to Paragraph (i) of this Rule are as follows:

(1)           Fall zones may overlap around spring rockers, and around equipment that is more than 18 but less than 30 inches in height.  If there are two adjacent structures and one is more than 18 but less than 30 inches in height, the protective surfacing shall extend a minimum of nine feet between the two structures.

(2)           Swings shall have protective surfacing that extends two times the length of the pivot point to the surface below.  The surfacing shall be to the front and rear of the swing. 

(3)           Tot swings shall have protective surfacing that extends two times the length of the pivot point to the bottom of the swing seat.  The surfacing shall be to the front and rear of the swing.  Tot swings are defined as swings with enclosed seats.

(4)           Tire swings shall have protective surfacing that extends a distance of six feet plus the measurement from the pivot point to the swing seat and six feet to the side of the support structure.

(k)  Swing seats shall be made of plastic or soft or flexible material.

(l)  Elevated platforms shall have a guardrail or protective barrier, depending upon the height of the platform and the age of children that will have access to the piece of equipment.  Guardrails shall prevent inadvertent or unintentional falls off the platform.  The critical height for a platform with a guardrail is the top of the guardrail.  Protective barriers shall prevent children from climbing over or through the barrier.  The critical height for a platform with a protective barrier is the platform surface.  All sides of platforms shall be protected except for the area which allows entry or exit.  Measurements for the guardrails and protective barriers are stated below:

(1)           Equipment used exclusively by children under two years of age:

(A)          Protective Barriers – an elevated surface that is more than 18 inches above the underlying surface shall have a protective barrier or protective surfacing. The minimum height of the top surface of the protective barrier shall be 24 inches. 

(B)          Maximum Height – the maximum height of a platform or elevated play surface shall be no greater than 32 inches.

(2)           Equipment used exclusively by children two years of age up to school age: 

(A)          Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying surface shall have a guardrail.  The minimum height of the top surface of the guardrail shall be 29 inches and the lower edge shall be no more than 23 inches above the platform.

(B)          Protective Barriers - an elevated surface that is more than 30 inches above the underlying surface shall have a protective barrier.  The minimum height of the top surface of the protective barrier shall be 29 inches.

(3)           Equipment used by children two years of age and older:  

(A)          Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying surface shall have a guardrail.  The minimum height of the top surface of the guardrail shall be 38 inches and the lower edge shall be no more than 23 inches above the platform.

(B)          Protective Barriers - an elevated surface that is more than 30 inches above the underlying surface shall have a protective barrier.  The minimum height of the top surface of the protective barrier shall be 38 inches.

(4)           Equipment used exclusively by school-age children:

(A)          Guardrails - an elevated surface that is more than 30 inches and no more than 48 inches above the underlying surface shall have a guardrail.  The minimum height of the top surface of the guardrail shall be 38 inches and the lower edge shall be no more than 26 inches above the platform.

(B)          Protective Barriers - an elevated surface that is more than 48 inches above the underlying surface shall have a protective barrier.  The minimum height of the top surface of the protective barrier shall be 38 inches.

(m)  Composite structures that were installed between January 1, 1989 and January 1, 1996 according to manufacturer's instructions that met existing safety standards for playground equipment at the time of installation and received approval from the Division, may continue to be used.

(n)  Following completion of safety training as required by Rule .0705(e) of this Chapter, a monthly playground inspection shall be conducted by a trained individual. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division.  The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. 

 

History Note:        Authority G.S. 110-85; 110‑91(6); 143B‑168.3;

Temporary Adoption Eff. October 1, 1997;

Eff. October 29, 1998;

Amended Eff. November 1, 2007.