1. A. Except as provided in subsection (B), a licensee shall not permit an enrolled child to cross a driveway or parking lot to access an outdoor activity area on the facility premises or a school campus unless the licensee obtains written approval from the Department.

2. B. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:

   1. 1. Is enclosed by a fence:

      1. a. A minimum of 4 feet high,
      2. b. Secured to the ground, and
      3. c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches;
   2. 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and
   3. 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area.
3. C. A licensee shall ensure that a playground used only for enrolled school-age children at a facility operating at a public school meets the fencing requirements of the public school. If the Department determines by inspection that a facility fence at a public school does not ensure the health, safety, or welfare of enrolled children, the licensee shall meet the fencing requirements of subsection (C).

4. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:

   1. 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or
   2. 2. A minimum depth of 6 inches of a nonhazardous, resilient material such as fine loose sand or wood chips.
5. E. A licensee shall ensure that hard surfacing material such as asphalt or concrete is not installed or used under swings or climbing equipment unless used as a base for a rubber surfacing.
6. F. A licensee shall ensure that a swing or climbing equipment is not located in the fall zone of another swing or climbing equipment.
7. G. A licensee shall provide a shaded area for each enrolled child occupying an outdoor activity area at any time of day.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former R9-5-603 renumbered to R9-5-602; new R9-5-603 renumbered from R9-5-604 and amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective December 5, 2018 (Supp. 18-4). Amended by final rulemaking at 31 A.A.R. 2015 (June 27, 2025), effective August 3, 2025 (Supp. 25-2).