Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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NOTICES OF PROPOSED RULES DAR File No. 35575KEY: child care facilitiesDate of Enactment or Last Substantive Amendment: [February15, 2002]2012Notice of Continuation: June 6, 2008Authorizing, and Implemented or Interpreted Law: 26-39Health, Family Health andPreparedness, Child Care LicensingR430-70Out of School Time Child CareProgramsNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35576FILED: 12/23/2011RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THECHANGE: As part of the Department's rule review requestedby the Governor's Office, the Department concluded thatsome portions of this rule may exceed the Department'srulemaking authority, and are therefore being eliminated.SUMMARY OF THE RULE OR CHANGE: The proposedchange removes requirements for tuberculosis (TB) testing ofstaff. The proposal to eliminate staff TB testing is based on arecommendation from the state's TB Advisory Board whichindicated that child care providers are not considered to be ahigh risk group for tuberculosis.STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTHIS RULE: Title 26, Chapter 39ANTICIPATED COST OR SAVINGS TO:♦ THE STATE BUDGET: No state agencies operate out ofschool time child care programs so there are no anticipatedcosts or savings to state budgets associated with this rulechange.♦ LOCAL GOVERNMENTS: Some local governmentsoperate out of school time child care programs. However thecost of TB testing is usually born by the individual rather thenthe business, so the agency does not anticipate any cost orsavings as a result of this change.♦ SMALL BUSINESSES: Almost all out of school time childcare programs are small businesses. However the cost of TBtesting is usually born by the individual rather than thebusiness, the agency does not anticipate any cost or savingsas a result of this change.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:Because the cost of TB testing is usually born by theindividual rather than the business, the agency does notanticipate any cost or savings as a result of this change.COMPLIANCE COSTS FOR AFFECTED PERSONS: TBtesting costs are born by the individual being tested.Because this rule removes the requirements for individual TBtesting, there will be some cost savings to individuals who nolonger need this test. Depending on where the test iscompleted, costs per test could range from $20 to $100. Inthose rare instances where follow-up x-rays are required,costs could range from $100 to several thousand dollars,depending on where the x-ray is done and what follow-up isrequired as a result of the x-ray.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:A careful and thorough review of child care licensing ruleswas undertaken during the last year. Health careprofessionals recommended that testing of staff fortuberculosis was not necessary. Removal of this requirementwill save business both time and money. Other changesshould also reduce regulatory burdens.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:HEALTHFAMILY HEALTH AND PREPAREDNESS,CHILD CARE LICENSINGCANNON HEALTH BLDG288 N 1460 WSALT LAKE CITY, UT 84116-3231or at the Division of Administrative Rules.DIRECT QUESTIONS REGARDING THIS RULE TO:♦ Teresa Whiting by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at twhiting@utah.govINTERESTED PERSONS MAY PRESENT THEIR VIEWS ONTHIS RULE BY SUBMITTING WRITTEN COMMENTS NOLATER THAN AT 5:00 PM ON 02/14/2012THIS RULE MAY BECOME EFFECTIVE ON: 03/01/2012AUTHORIZED BY: David Patton, PhD, Executive DirectorR430. Health, Family Health and Preparedness, Child CareLicensing.R430-70. Out of School Time Child Care Programs.R430-70-1. Purpose.This rule is promulgated pursuant to Title 26, Chapter 39.It establishes standards for the operation and maintenance of out ofschool time programs and requirements to protect the health andsafety of children in these programs.R430-70-6. Outdoor Environment.(1) There shall be an outdoor play area for children that issafely accessible to children.(2) The outdoor play area shall have at least 40 squarefeet of space for each child using the playground at the same time.70 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35576NOTICES OF PROPOSED RULES(3) The outdoor play area shall accommodate at least 33percent of the licensed capacity at one time or shall be at least 1600square feet.(4) The outdoor play area used by children shall beenclosed within a 4 foot high fence or wall, or a solid natural barrierthat is at least 4 feet high.(5) There shall be no openings greater than 3-1/2 by 6-1/4inches and less than 9 inches in diameter anywhere in the outdoorplay area where children's feet cannot touch the ground.(6) When in use, the outdoor play area shall be freeof[ trash,] animal excrement, harmful plants, harmful objects,harmful substances, and standing water.(7) The outdoor play area shall have a shaded area toprotect children from excessive sun and heat.(8) Children shall have unrestricted access to drinkingwater whenever the outside temperature is 75 degrees or higher.(9) All outdoor play equipment and areas shall complywith the following safety standards by the dates specified inSubsection (10) below.(a) All stationary play equipment used by children shallmeet the following requirements for use zones:(i) If the height of a designated play surface or climbingbar on a piece of equipment, excluding swings, is greater than 20inches, it shall have use zones that meet the following criteria:(A) The use zone shall extend a minimum of 6 feet in alldirections from the perimeter of each piece of equipment.(B) The use zones of two pieces of equipment that arepositioned adjacent to one another may overlap if the designatedplay surfaces of each structure are no more than 30 inches above theprotective surfacing underneath the equipment. In such cases, thereshall be a minimum of 6 feet between the adjacent pieces ofequipment.(C) There shall be a minimum use zone of 9 feet betweenadjacent pieces of equipment if the designated play surface of oneor both pieces of equipment is more than 30 inches above theprotective surfacing underneath the equipment.(ii) The use zone in the front and rear of a single-axisswing shall extend a minimum distance of twice the height of thepivot point of the swing, and may not overlap the use zone of anyother piece of equipment.(iii) The use zone for the sides of a single-axis swingshall extend a minimum of 6 feet from the perimeter of thestructure, and may overlap the use zone of a separate piece ofequipment.(iv) The use zone of a multi-axis swing shall extend aminimum distance of 6 feet plus the length of the suspendingmembers, and shall never overlap the use zone of another piece ofequipment.(v) The use zone for merry-go-rounds shall never overlapthe use zone of another piece of equipment.(vi) The use zone for spring rockers shall extend aminimum of 6 feet from the at-rest perimeter of the equipment.(b) Protective cushioning is required in all use zones.(c) If sand, gravel, or shredded tires are used as protectivecushioning, the depth of the material shall meet the CPSCguidelines in Table 1. The provider shall ensure that the material isperiodically checked for compaction, and if compacted, shall loosenthe material to the depth listed in Table 1. If the material cannot beloosened due to extreme weather conditions, the provider shall notallow children to play on the equipment until the material can beloosened to the required depth.TABLE 1Depths of Protective Cushioning Required forSand, Gravel, and Shredded TiresHighest DesignatedPlay Surface,Climbing Bar,or Swing Pivot Fine Coarse Fine Medium ShreddedPoint Sand Sand Gravel Gravel Tires4' high or less 6" 6" 6" 6" 6"Over 4' up to 5' 6" 6" 6" 6" 6"Over 5' up to 6' 12" 12" 6" 12" 6"Over 6' up to 7' 12" Not 9" Not 6"AllowedAllowedOver 7' up to 8' 12" Not 12" Not 6"AllowedAllowedOver 8' up to 9' 12" Not 12" Not 6"AllowedAllowedOver 9' up to 10' Not Not 12" Not 6"Allowed AllowedAllowedOver 10' up to 11' Not Not Not Not 6"Allowed Allowed Allowed AllowedOver 11' up to 12' Not Not Not Not 6"Allowed Allowed Allowed Allowed(d) If shredded wood products are used as protectivecushioning, the depth of the shredded wood shall meet the CPSCguidelines in Table 2.TABLE 2Depths of Protective Cushioning Requiredfor Shredded Wood ProductsHighest DesignatedPlay Surface,Climbing Bar,or Swing Engineered Double ShreddedPivot Point Wood Fibers Wood Chips Bark Mulch4' high or less 6" 6" 6"Over 4' up to 5' 6" 6" 6"Over 5' up to 6' 6" 6" 6"Over 6' up to 7' 9" 6" 9"Over 7' up to 8' 12" 9" 9"Over 8' up to 9' 12" 9" 9"Over 9' up to 10' 12" 9" 9"Over 10' up to 11' 12" 12" 12"Over 11' 12" Not Allowed Not Allowed(e) If wood products are used as cushioning material:(i) the providers shall maintain documentation from themanufacturer verifying that the material meets ASTM SpecificationF 1292, which is adopted by reference; and(ii) there shall be adequate drainage under the material.(f) If a unitary cushioning material, such as rubber matsor poured rubber-like material is used as protective cushioning:(i) the licensee shall ensure that the material meets thestandard established in ASTM Specification F 1292. The providershall maintain documentation from the manufacturer that thematerial meets these specifications.(ii) the licensee shall ensure that the cushioning materialis securely installed, so that it cannot become displaced whenchildren jump, run, walk, land, or move on it, or be moved bychildren picking it up.UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 71
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UTAH STATEBULLETINOFFICIAL NOTICES
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TABLE OF CONTENTSTax CommissionAdmi
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SPECIAL NOTICESHealthHealth Care Fi
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DAR File No. 35613NOTICES OF PROPOS
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Page 25: DAR File No. 35612NOTICES OF PROPOS
Page 28 and 29: NOTICES OF PROPOSED RULES DAR File
Page 112 and 113: NOTICES OF 120-DAY (EMERGENCY) RULE
Page 118 and 119: FIVE-YEAR NOTICES OF REVIEW AND STA
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FIVE-YEAR NOTICES OF REVIEW AND STA
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NOTICES OFRULE EFFECTIVE DATESState
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2012 RULES INDEXBY AGENCY (CODE NUM
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RULES INDEXKEYWORDAGENCYFILENUMBERC
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2011 COMPLETE RULES INDEXBY AGENCY
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RULES INDEXAnimal IndustryR58-1 Adm
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RULES INDEXR151-3 Americans With Di
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RULES INDEXR162-2c-204 License Rene
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RULES INDEXR277-115 Copyrighting Ma
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RULES INDEXRehabilitationR280-204 U
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RULES INDEXR315-17 End of Life Auto
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RULES INDEXWomen, Infants and Child
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RULES INDEXR414-3A-2 Definitions 35
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RULES INDEXR432-950 Mammography Qua
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RULES INDEXR590-172-4 Rule 35006 AM
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RULES INDEXLIEUTENANT GOVERNORElect
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RULES INDEXR657-26 Adjudicative Pro
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RULES INDEXPUBLIC SERVICE COMMISSIO
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RULES INDEXR865-13G-17R865-14W-1R86
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RULES INDEXR909-19 Safety Regulatio
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RULES INDEXR986-700-714 CC Payment
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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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