California Code § 101238.2(d)(2): Outdoor Space Safety

📋Type B Violation🏢Affects: Child Care Centers

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

What Is California Code § 101238.2(d)(2): Outdoor Space Safety?

California Code § 101238.2(d)(2)

Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard.

💬What Providers Tell Us

Based on community experience — not official guidance

Inspectors walk the entire outdoor space before they even come inside. They look down at ground level, scan fence lines, and check corners where debris collects. Broken glass from a neighbor's yard, a rusted nail near the fence post, or gopher holes along the perimeter are all things that get written up on the spot. Dry grass is a seasonal trigger. During fire season, inspectors actively look for dead vegetation within your play area and along property edges. The difference between a verbal heads-up and a documented deficiency usually comes down to whether kids are actively using the space. If children are outside playing near the hazard when the inspector arrives, expect a Type A citation.

facilities cited (last 90 days)

That's 1 in 2500 facilities

counties affected

most common citation

→

Stable

Last 90 days vs. previous 90 days

16 facilities (was 17)1 facility

Source: California CCLD inspection records | Data as of Mar 19, 2026. Updated weekly.

16 facilities were cited for this in the last 90 days.

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What Other Providers Do for Outdoor Space Safety

Common practices shared by providers. Confirm requirements with your licensing analyst.

✓ Common Practices

Store all sharp objects in locked drawers or cabinets
Keep tools and equipment away from children's reach
Use magnetic locks or other child-proof devices
Regularly check that storage remains secure

❌ Common Mistakes

Only inspecting the main play area and ignoring perimeter zones. Debris, broken glass, and holes tend to accumulate along fence lines and in corners that aren't part of daily play, but inspectors check the entire licensed outdoor footprint.
Assuming landscaping maintenance handles fire hazards. Your gardener might mow the lawn but skip dry brush along the fence or dead plants in raised beds. CCLD holds you responsible for all vegetation within your outdoor activity space.
Filling gopher holes or ground depressions with loose dirt that washes away after rain. Inspectors return and find the same hazard reappearing. Use compacted fill or gravel and check after weather events.
Relying on a morning walkthrough but skipping afternoon checks. Wind blows debris in, kids drag items from other areas, and conditions change throughout the day. Inspectors can arrive at any time and assess what they find in that moment.

1 citations

View county details →

Data updated weekly from CCLD public records. Last update: 3/19/2026

A single Type A citation can cost $150–$500+ in civil penalties — not counting the follow-up inspection it triggers.

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Frequently Asked Questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is Outdoor Space Safety?

California Title 22, Section 101238.2(d)(2) requires your outdoor activity space to be free of hazards including holes, broken glass, debris, and dry grasses that pose a fire risk. This covers your entire licensed outdoor footprint, not just the main play area, so fence lines, corners, perimeter zones, and raised beds all count. A single piece of broken glass near the fence or an unfilled gopher hole can result in a documented deficiency the moment an inspector walks your yard.

How common is this citation?

According to California CCLD inspection records as of March 15, 2026, 16 facilities have been cited for this violation in the past 90 days across 13 California counties. That's roughly 1 in 2,500 inspected facilities. Stanislaus, Shasta, and San Bernardino each had 2 citations, with the remaining spread across 10 other counties. The wide geographic distribution reflects that outdoor hazards aren't regional. They appear anywhere weather, landscaping, or neighbors create conditions.

What triggers this citation during an inspection?

Inspectors walk the entire outdoor space before entering your building. They look at ground level along fence lines, scan corners where debris collects, and check for holes or uneven ground. During fire season, they actively search for dry vegetation within your play area and along property edges. If children are outside playing near a hazard when the inspector arrives, expect a Type A citation rather than a standard finding. Broken glass from a neighbor's yard or a rusted nail near a fence post both get documented.

How can I prevent this citation?

Do a full perimeter walk every morning before children go outside, checking fence lines and corners specifically. Add an afternoon check since wind blows debris in and conditions change throughout the day. During fire season, schedule weekly vegetation inspections and remove dry brush along fence lines and in raised beds. For recurring ground hazards like gopher holes, use compacted fill or gravel instead of loose dirt that washes away after rain.

What should I do if I receive this citation?

Address the specific hazard immediately: remove debris, fill holes with compacted material, or clear dry vegetation. Photograph the corrected area with a date stamp. In your Plan of Correction, describe a daily outdoor inspection checklist with morning and afternoon checks, and designate a specific staff member responsible. Include your seasonal vegetation maintenance schedule. For complex situations, consider consulting a licensed childcare compliance specialist.

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This information is educational and does not constitute legal advice. Consult a licensed childcare compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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