(a) Play space. The program shall meet the play space requirements contained in this subsection.

• (1) Play space shall be situated to:
• (A) permit children to reach it safely;
• (B) provide a shaded area; and
• (C) allow supervision of areas where children cannot be easily seen.
• (2) Play space shall be enclosed by a building or fence at least four feet high with at least one exit which is away from the building. However, when care is provided for school-age children only, fencing is not required on all sides if properly protected from traffic and other hazards.
• (3) The fence shall:
• (A) begin at ground level;
• (B) be at least 48 inches high; and
• (C) be maintained in a stable, secure, upright and good condition.
• (4) An exemption from the requirements contained in (2) - (3) of this subsection may be requested when children's safety can be assured. The request shall be submitted in writing to the statewide licensing coordinator for approval.
• (5) Gates shall be kept closed while children are outside.
• (6) Play space shall be maintained:
• (A) in a safe and clean condition;
• (B) free of hazards; and
• (C) free from tall weeds and grass, untrimmed shrubbery, standing water, litter, etc. to prevent vermin and insect infestation.

(b) Surfaces.  Requirements pertaining to surfaces in play areas contained in this subsection shall be met.

• (1) Outdoor play areas shall have more than one type of surface.
• (2) All climbers, swings, slides or revolving equipment shall have impact-absorbing surfaces under them and throughout the fall zone [see definition in 340:110-3-36].
• (A) Impact-absorbing materials include loose materials (bark mulch, pea gravel, shredded tires, etc.) or compact materials (outdoor rubber mats, synthetic turf, etc.).
• (B) Grass shall only be acceptable as impact-absorbing material if the highest accessible part of the equipment is four feet or less. The highest accessible part of a swing structure is the height at which the chain attaches to the supporting structure.
• (3) Fall zones shall extend a minimum of six feet in all directions from the perimeter of the equipment. Fall zones for adjacent equipment may overlap for existing equipment that is permanently anchored. When equipment is moved or added, the fall zones for adjacent equipment shall not overlap. However:
• (A) the fall zone for traditional swings that move forward and backward in which children are not secured by a bar or strap shall extend to the front and rear of the swing a distance of two times the length of the swing's chain;
• (B) the fall zone for swings that move in a circle, e.g., tire swings, shall extend in every direction a distance of six feet plus the length of the chain; and
• (C) fall zones on the sides of equipment may not be necessary if the potential for falls in that direction is minimal, e.g., the sides of a swinging structure.
• (4) Surfaces made of loose materials shall be maintained at a depth of at least six inches by means of replacing, leveling or raking.
• (5) Surfaces of impact-absorbing materials, such as rubber mats, gym mats and synthetic turf, shall be designed to cushion falls of up to five feet. Documentation of the cushioning properties of the material shall be presented to the Department.
• (6) Turf and matting shall be maintained by repairing rips, tears and loose seams.

(c) Playground safety.  The requirements contained in this subsection shall be met.

• (1) Equipment shall be age-appropriate and of sturdy, safe construction, easy to clean, free of hazards, and kept in good repair.
• (A) Equipment shall have no angles or openings that could entrap any part of a child's body or head.
• (B) There shall be no pinch, crush or shear points on equipment, e.g., exposed or open gears on rotating devices or underneath equipment such as axle assemblies on rotating devices.
• (C) Equipment shall be installed, maintained and used in accordance with the manufacturer's instructions.
• (D) Unless portable by design, equipment shall be securely anchored, and anchors shall pose no hazard to children.
• (2) Play space and equipment shall be arranged so that there is no hazard from conflicting activities.
• (3) Fall zones shall be free of all obstacles.
• (4) Swing seats shall be constructed of durable, light-weight, relatively pliable material, e.g., nylon webbing, rubber, plastic.