Kan. Admin. Regs. § 28-4-585 - Building and outdoor premises
(a) Safety and
maintenance of each building .
(1) Each
operator shall ensure that the program is located in a building that meets the
requirements specified in
K.S.A.
65-508 and amendments thereto, the applicable
building code, and any applicable local ordinances. Each operator shall ensure
that no child or youth is knowingly exposed to environmental hazards, including
asbestos, lead paint, and pesticides.
(2) Hot and cold running water shall be
supplied to hand sinks except as specified in this paragraph. The hot water
temperature shall not exceed 120° F. Outdoor summer camps and mobile summer
programs shall be exempt from the requirement to provide hot running water to
hand sinks.
(3)
(A) Each operator shall ensure that each
building shall have a minimum of one working flush toilet and one working hand
sink for each 30 children or youth in the license capacity. One urinal may be
substituted for each additional toilet in the boys' rest room.
(B) Each operator shall designate the rest
rooms to be used by the program. A separate rest room shall be provided for
each gender unless the rest room is designated for single occupancy.
(C) Each rest room shall be located to allow
for the following:
(i) Supervision of
children and youth ;
(ii) immediate
access to the rest room facilities by children, youth, and adults; and
(iii) privacy while using the
toilet.
(D) If the rest
rooms are also used by non-program participants during the hours of operation
of the program , the operator shall develop and implement policies for rest room
use for the protection of children and youth attending the program.
(E) Toilet paper, soap, and either paper
towels or hand dryers shall be available in each rest room.
(4) Each operator shall provide
adequately for the health, safety, and comfort of each child, youth, and adult
by maintaining the space used by the program according to the following
requirements:
(A) The space shall be
uncluttered and free from accumulated dirt, trash, vermin, and rodent
infestation.
(B) Each indoor trash
container shall be emptied daily or more often if the contents are overflowing
or the removal is needed to control odor.
(C) Floors shall not be slippery or cracked.
(D) Each rug or carpet used as a
floor covering shall be slip-resistant and free from tripping hazards. A floor
covering, paint, or sealant shall be required over concrete floors for all
buildings.
(E) Each exit shall be
marked. No exit shall be blocked at any time.
(5) Heating appliances shall be vented, used
as intended, safely located, and maintained in operating condition. Power
strips, if used, shall have a UL rating .
(6) Each operator shall safely store toxic
substances and materials, including cleaning supplies, pesticides, and poisons,
in a locked janitor's closet, locked room, or other locked area. No child or
youth shall have unsupervised access to toxic substances and materials.
(b) Public and
accredited non-public school buildings.
(1)
Inside premises . If a program is located in a public or accredited non-public
school building , the operator shall ensure that the building complies with
subsection (a) of this regulation and with fire safety and building code
requirements applicable to schools as required by
K.S.A.
65-527, and amendments thereto.
(2) Outside premises .
(A) Each existing outside playground or
activity area and equipment acceptable for use by students of the same age
during the academic day may be used by children and youth in the program if the
equipment is in sound condition.
(B) Additional impact-absorbent surfacing
material shall not be required under anchored climbing equipment, slides, and
swings if the equipment is acceptable for use by students of the same age
during the academic day.
(c) Public recreation center buildings. If
the program is located in a public recreation center , the operator shall ensure
that the building complies with subsection (a) of this regulation and with fire
safety and building code requirements applicable to public recreation centers
as specified in
K.S.A.
65-527, and amendments thereto.
(d) Buildings that are not public or
accredited non-public school buildings or public recreation centers.
(1) If the program is located in a building
that is not a public or accredited non-public school or a public recreation
center, the operator shall ensure that the following requirements are met for
the building used:
(A) The building shall
meet the requirements in subsection (a) of this regulation.
(B) The building shall not be a residence or
a single-family dwelling.
(C) Each
stairway with more than two steps shall be railed.
(D) If windows and doors are left open, they
shall be screened, with each screen in good condition to prevent insects from
entering the premises .
(2) If a program uses a non-public source for
the water supply, the water shall be safe for drinking and shall be tested
annually by a department -certified laboratory. The well shall be approved by
the local environmental protection program (LEPP).
(e) Outside premises of public recreation
centers and of other programs, including outdoor summer camps, that are not
conducted in public schools or accredited non-public schools.
(1) General requirements.
(A) Each operator shall ensure that the
outdoor activity area meets the following requirements:
(i) The area shall be located and arranged to
reduce the risk of injury and to enable staff to provide close visual
supervision at all times.
(ii)
Each area shall be well drained and free of known health and environmental
hazards.
(iii) There shall be no
tall weeds or grass, untrimmed shrubbery, or trash in the activity area.
(iv) Each outdoor trash and
garbage container shall be covered, and the contents shall be removed weekly.
(B) If the outdoor
activity area is accessible to the public, each operator shall define
boundaries for the children and youth attending the program and, to the extent
possible, use space reserved exclusively for the program.
(2) Safety of outdoor equipment and the
activity area. Each operator shall comply with the following safety
requirements in the outside activity area:
(A) Equipment shall be safely located,
age-appropriate, and in good repair. Equipment that is broken, hazardous, or
unsafe or that does not have adequate impact-absorbent surfacing material in
the use zone as specified in this regulation shall not be used.
(B) Impact-absorbent surfacing material shall
be installed in each use zone under and around anchored play or recreational
equipment over four feet in height, including climbing equipment, slides, and
swings. Impact-absorbent surfacing material shall consist of any loose fill
material specified in paragraph (e)(2)(G) of this regulation, unitary surfacing
material, or synthetic impact material. Before any equipment over 11 feet in
height is used, the operator shall meet the requirements specified in K.A.R.
28-4-588(e).
(C) Each use zone
shall be at least six feet from all sides of the structure. However, the side
of some equipment, including a swing, shall not be required to have
impact-absorbent surfacing material on each side if the potential for a fall to
the side is minimal.
(D)
Hard-surfacing materials, including asphalt, concrete, and hard-packed dirt,
shall not be used in any use zone under and around climbing equipment, slides,
and swings. This requirement shall apply regardless of the height of the
climbing equipment, slides, and swings.
(E) If unitary surfacing material or
synthetic impact material, including rubber mats, rubber tiles, and
poured-in-place material, is installed in the use zone, the material shall be
used and maintained according to the manufacturer's recommendations. The
manufacturer's recommendations shall be on file on the premises or at a
designated central office location and shall be accessible for review by the
secretary's designee.
(F) Surfaces
made of loose materials shall be maintained by replacing, leveling, or raking
the material.
(G) If loose fill
material is installed in the use zone, the material shall be specifically
developed for playground use, and the type and depth of material used shall
conform to the following chart:
Required depth of impact-absorbent surfacing material for the height of equipment
Maximum height of equipment Type of material Minimum depth of material
6 feet shredded bark 6 inches
10 feet mulch 9 inches
11 feet 12 inches
7 feet 6 inches
10 feet 9 inches
11 feet wood chips 12 inches
6 feet 12 inches
9 feet fine sand 6 inches
7 feet 12 inches
10 feet fine gravel 9 inches
10 feet or less shredded rubber 6 inches
(3) Protection from environmental
hazards. Each operator shall ensure that each child or youth is protected from
environmental hazards as follows:
(A) If a
small fish pond or decorative pool with water 24 inches deep or less is on the
premises , no child shall have unsupervised access to it.
(B) Each outdoor activity area shall have a
fence, partial fence, or other barrier to reduce the safety risk to children
and youth, and to prevent chance access to any adjacent hazard, including the
following:
(i) A busy street;
(ii) railroad tracks; or
(iii) a water hazard , including a ditch,
irrigation ditch, pond, lake, and any standing water over 24 inches deep. Each
public recreation center shall be exempt from paragraph (e)(3) of this
regulation.
Notes
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