049-4 Wyo. Code R. §§ 4-16 - Outdoor Play Space

(a) There shall be a minimum of 75 square feet of outdoor play space for each child when ages of children are combined, except as provided in Section 15.

(b) If a child care facility does not provide care for more than a four (4) hour period per day, outdoor play space is not required. However, if the facility does have outdoor play space and it is used for play, that space shall meet licensing requirements.

(c) This space shall be used at least one (1) time per day per group of children for at least 30 minutes when weather and environmental conditions do not pose a significant health or safety risk. A schedule for outdoor play shall be posted in a prominent place in the facility.

(d) When children are separated into age groups, and only one (1) age group is using the outdoor play space at any given time, the following minimum play space requirements apply:

(i) Thirty-five (35) square feet for each child birth to 18 months of age;

(ii) Fifty (50) square feet for each child 18 months to 24 months of age; and

(iii) Seventy-five (75) square feet for each child over the age of 24 months of age.

(e) The outdoor play area shall be enclosed with a fence. The fence shall be at least four (4) feet in height and the bottom edge shall be no more than three and one-half (3 1/2) inches off the ground.

(f) Some shaded areas shall be provided in the outdoor play area.

(g) Sandboxes shall be constructed to permit drainage and shall be covered tightly and secured when not in use.

(h) Equipment shall be sturdy, stable, and free of hazards that are accessible to children during normal supervised play and all pieces of equipment shall be installed, used and maintained as directed by the manufacturer's instructions and specifications. If manufacturer's instructions are not available, equipment shall be installed, used, and maintained in accordance with the Consumer Product Safety Playground Safety Handbook. https://www.cpsc.gov/s3fs-public/325.pdf

(i) Outdoor play equipment with a fall height of more than 24 inches shall be installed over a resilient surface covering the appropriate use zones:

(i) Equipment with a fall height of more than 24 inches but less than seven (7) feet shall have six (6) inches of uncompressed resilient surface, except sand;

(ii) Equipment with a fall height of seven (7) feet to 10 feet shall have nine (9) inches of uncompressed resilient surface;

(iii) Sand should not be used as a surfacing material when the fall height is greater than four (4) feet; and

(iv) Resilient surfacing shall be installed, maintained and replaced according to the manufacturer's instructions. If manufacturer's instructions are not available, resilient surfacing shall be installed, used, and maintained in accordance with the Consumer Product Safety Playground Safety Handbook. https://www.cpsc.gov/s3fs-public/325.pdf

(j) Owner, director and staff shall ensure that children have protection appropriate for weather conditions.

(k) Outdoor play areas shall be free from miscellaneous debris or litter such as tree branches, soda cans, bottles, glass, or animal waste.

(l) Window wells shall be covered, but shall not impede egress or allow for entrapment.

(m) Trampolines over three (3) feet in diameter shall not be used on or off the premises and shall be fenced or otherwise made inaccessible to child care children. Small exercise trampolines may be used by children three (3) years or older with adult direct supervision and written parental permission.

(n) Commercial constant air inflatable devices shall ONLY be used in accordance with the Consumer Product Safety Commission (CPSC) standards and under the following conditions:

(i) Follow all manufacturer's guidelines for safe installation (including anchoring) and ongoing maintenance. The constant air inflatable devices shall be situated away from any fences, greenhouses, power lines and branches. The electrical cables shall be inaccessible to children and shall not create a tripping hazard;

(ii) Follow all manufacturer's guidelines for age and weight limits; consider limiting use to children six (6) years of age and older;

(iii) Follow all manufacturer's guidelines regarding the number of children allowed on the device at any one (1) time; consider limiting use to one (1) child at a time. If more than one child will be on the bouncer at the same time, make sure the children are about the same age and size (weight);

(iv) Follow all manufacturer's guidelines regarding use during inclement weather; the weather conditions shall be monitored on a constant basis;

(v) Children shall be directly supervised by staff in the immediate vicinity (watched constantly, not just in the area) at all times; if supervision cannot be maintained, the constant air inflatable device shall be deflated and made inaccessible to children; and

(vi) Develop and implement a Parental Waiver which details the safety measures put in place to ameliorate the risk to children (ALL parents shall sign the waiver to have their children participate in activities on the constant air inflatable device).

(o) Not withstanding (a) through (n) above, for programs using a school playground at an operating school, with school age children only, the school play equipment and play space shall be deemed approved by the licenser.

Notes

049-4 Wyo. Code R. §§ 4-16

Adopted, Eff. 10/7/2016. Amended, Eff. 3/24/2020. Amended, Eff. 2/2/2022.