California Code § 101223(a)(2): Safe Equipment Standards

California Code 101223(a)(2) establishes that children in childcare facilities have a fundamental right to safe, healthful, and comfortable accommodations, furnishings, and equipment that genuinely meet their developmental needs. This regulation goes beyond basic safety—it requires that all equipment must be in good working condition, age-appropriate, and actually suitable for each child's needs. 'Good enough' isn't acceptable; broken toys, wobbly furniture, worn playground equipment, or items that don't match children's developmental stages all violate this standard. The regulation also encompasses the physical environment itself, requiring comfortable temperature, adequate lighting, and clean, healthful conditions throughout the facility.

As of November 23, 2025, 43 facilities have been cited for Safe Equipment Standards violations in the past 90 days. This represents approximately 0.57% of the 7,551 facilities inspected during this period, or roughly 1 in 176 California childcare facilities. Citations have been issued across 17 different counties statewide, with Los Angeles County leading with 8 citations, followed by Sacramento County with 7 citations, San Bernardino County with 4, and both Riverside and San Diego Counties with 3 citations each. While this may seem like a relatively small percentage, it indicates that inspectors are actively enforcing equipment safety standards and that violations are being identified consistently across the state.

Inspectors cite facilities for this regulation when they find equipment or accommodations that fail safety, health, or appropriateness standards. Common triggers include discovering broken toys that weren't removed from use, furniture with loose screws or wobbly legs, playground equipment that's visibly worn or damaged, or age-inappropriate items being used with children. Inspectors also look for environmental issues like inadequate heating or cooling, poor lighting conditions, or unclean facilities. A particularly common pitfall is having equipment that doesn't serve the needs of mixed-age groups—for example, only having toys suitable for older children when infants and toddlers are also enrolled. The inspector is specifically assessing whether accommodations, furnishings, and equipment are not just present, but actually safe, functional, and appropriate for the children using them.

Implement a weekly equipment safety check using a simple checklist that covers all furnishings, toys, and playground equipment. Inspect for damage like cracks, loose parts, sharp edges, or excessive wear. Take photos of any issues you identify—this documentation shows inspectors you're proactively monitoring safety. Remove damaged items immediately from children's access and either repair or replace them promptly. For mixed-age programs, ensure you have developmentally appropriate equipment for each age group served. Maintain comfortable environmental conditions by regularly checking temperature and lighting in all areas children use. Keep a repair log showing when issues were identified and resolved. Consider color-coding equipment by age appropriateness to help staff quickly identify suitable items for different groups. This systematic approach demonstrates to inspectors that you're taking children's right to safe, appropriate accommodations seriously rather than waiting for problems to be discovered during inspections.

If you receive a citation for Safe Equipment Standards violations, immediately remove any identified unsafe or inappropriate items from children's access—this is your first priority. Document what you've removed with photos and written notes. Inspect your entire facility for similar issues the inspector might not have specifically noted, as this shows you understand the broader safety principle. Create a detailed Plan of Correction that lists each cited item, your specific corrective action (repair, replace, or remove), and completion dates. For broken equipment, get repair estimates or replacement orders started right away. If the violation involved environmental issues like temperature or lighting, address those system-wide. Consider bringing in an objective third party—another director or a licensing consultant—to walk through your facility and identify potential equipment issues before your follow-up inspection. Keep receipts for any purchases or repairs as evidence of compliance. Most importantly, use this as an opportunity to establish that weekly equipment safety check system so future problems are caught before inspectors arrive. The inspector will look for both immediate corrections and evidence of new systems to prevent recurrence.