(a) Each day care center shall have on the site a safe outdoor play space which is enclosed by a fence or otherwise protected from traffic or other hazards. The play space shall contain not less than sixty (60) square feet per child using such space at any one time, and shall provide an opportunity for supervised outdoor play each day in suitable weather. The Commissioner of Health may exempt a center from the requirement if an outdoor play space is not available and if all of the following are met:
(1) The center provides an indoor recreation area that has not less than sixty (60) square feet per child using the space at any one time, that has a minimum of one thousand four hundred forty (1, 440) square feet of space, and that is separate from the indoor space required under Section 227.12 of this section;
(2) The Commissioner of Health has determined that there is regularly available and scheduled for use a conveniently accessible and safe park, playground, or similar outdoor play area for play or recreation;
(3) The children are closely supervised during play and while traveling to and from the area.
(b) Stationary outdoor equipment such as, but not limited to, climbing gyms, swings or slides, shall be placed out of the path of the main traffic pattern in the yard and shall be securely anchored unless portable by design.
(c) Outdoor play surfaces shall be maintained daily and shall be kept free of hazards and debris.
(d) Wading pools shall be filtered, emptied, or drained daily. When not in use, the pools shall be stored or otherwise made inaccessible to children.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)