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

📋Type B Violation🏢Affects: Child Care Centers

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.

💡Insider's Tips

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.

9
facilities cited recently
That's 1 in 5000 facilities
8
counties affected
44
most common citation
📉
Decreasing
Last 90 days vs. previous 90 days
9 facilities (was 19)10 facilities

Source: California CCLD inspection records | Data: last 90 days as of Feb 16, 2026

How to Avoid Outdoor Space Safety Citations

✓ Prevention Checklist

❌ 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.

What's Being Cited in Each Region Over the Past 90 Days

Based on facility inspection reports filed with California's Community Care Licensing Division, here's how this citation appears across different regions in the past 90 days.

Stanislaus County

2 citations

Fresno County

1 citations

Merced County

1 citations

Imperial County

1 citations

Riverside County

1 citations

Sacramento County

1 citations

Santa Clara County

1 citations

San Bernardino County

1 citations

Data updated weekly from CCLD public records. Last update: 2/16/2026

See California Code § 101238.2(d)(2): Outdoor Space Safety Citations in Your County

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Frequently Asked Questions

What is Outdoor Space Safety?
California Code 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. Unlike indoor safety rules where you control the environment, outdoor hazards change daily from weather, wind, wildlife, and neighboring properties. This regulation affects every licensed facility with outdoor play areas, and inspectors assess conditions as they find them at the moment of arrival.
How common is this citation?
According to California CCLD inspection records as of February 08, 2026, 12 facilities have been cited for this violation in the past 90 days across 7 California counties. That's roughly 1 in 3,333 inspected facilities. Santa Clara County leads with 3 citations, followed by Orange, Sacramento, and Stanislaus with 2 each. Citation rates for outdoor hazards tend to spike during fire season when dry vegetation becomes a more visible trigger.
What triggers this citation during an inspection?
Inspectors walk the entire outdoor space before entering the building, scanning at ground level along fence lines and into corners. Based on CCLD inspection patterns, common documented findings include broken glass blown in from neighboring properties, gopher holes along perimeters, rusted nails near fence posts, and dead vegetation during fire season. If children are actively playing near a hazard when the inspector arrives, expect a Type A citation rather than a standard deficiency. They photograph what they find and note the exact location on your site map.
How can I prevent this citation?
Do a full perimeter walk every morning and again after lunch, checking fence lines, corners, and areas where debris collects. During fire season, inspect dry vegetation weekly and remove dead grasses along your property edges. After rain, check for new ground depressions or exposed debris. Use compacted fill or gravel for hole repairs instead of loose dirt that washes away. Keep a dated log of your inspections so you can show inspectors your routine.
What should I do if I receive this citation?
Remove the hazard immediately, before the inspector leaves if possible. Take dated photos showing the corrected condition. If the issue is structural, like persistent gopher holes or drainage problems, document your remediation plan with a timeline and contractor information. Submit your correction evidence to your licensing analyst within the timeframe specified on the citation. Start a daily outdoor inspection log to prevent repeat findings. For complex situations, consider consulting a licensed childcare compliance specialist.

Related Violations

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.