1. A. A center shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the center that provides adequate usable play space for the approved capacity of the center.

2. B. A center for which a notice of intent, filed pursuant to COMAR 13A.16.02.02A(2), is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:

   1. (1) One half of the approved capacity of the center; or
   2. (2) Each child, if the center has an approved capacity of 20 or fewer children.
3. C. Usable play space may include only the area and the activity equipment approved for use by children in care.
4. D. The activity area shall be free from potential hazards to child health or safety.
5. E. All outdoor activity equipment shall be safe, in good repair, clean, and nontoxic.

6. F. Any pool on the premises of the facility shall be made inaccessible to children in care and have security features, including but not limited to a:

   1. (1) Fence that surrounds the pool at least 4 feet in height;
   2. (2) Self-closing and self-latching mechanism on the gate, door, or access to the pool;
   3. (3) Lock that is operable and secured; and
   4. (4) Sensor or alarm in the pool and on the access door.

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1826)

Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .03C, D amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 14)

Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .11D amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)

Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 14)

Regulation .13 amended effective January 13, 2020 (47:1 Md. R. 14)