City Of Tempe - Kid Zone - Scales School

AAC R9-5-603.B. B. Except as provided in subsection (D) a licensee shall ensure that an outdoor activity area: 1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance Officer's observation, on the Preschool Playground, there was an unsecured basketball net accessible to children.”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information as applicable, if the intended change: a. Affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. Is to increase licensed capacity, the square footage of the outdoor activity area; and c. Includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable, if the facility is: i. Not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. Located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on the Compliance Officer's observation and staff statement, the Licensee failed to submit a written request for approval of an intended change to the Department prior to the change in space utilization. Staff stated they use the preschool playground. The preschool playground is not a Department-approved activity area.”

AAC R9-5-401.4. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 4. An assistant child educator is 16 years of age or older and provides the licensee with documentation of one of the following: a. Current and continuous enrollment in high school or a high school equivalency class; b. High school or high school equivalency diploma; c. Enrollment in vocational rehabilitation, as defined in A.R.S. § 23-501; or d. Employment or service as a volunteer in a licensed child care facility for 12 months;

“Findings: Based on facility documentation and the Compliance Officer's observation, Staff #1 (DOE 2.17.2026) was an assistant child educator. Staff #1 was not qualified as an assistant child educator because the file lacked documentation of a high school or high school equivalency diploma. The document in the file was not translated or evaluated to be equivalent to a high school diploma or high school equivalency diploma from the United States.”

AAC R9-5-403.B. B. A licensee shall ensure that: 1. Each staff member who provides child care services completes 24 or more clock hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed below: a. Child growth and development, including: i. Infant growth and development, including sudden infant death syndrome prevention and safe sleeping practices; ii. Brain development; iii. Basic child development, including cognitive, social, emotional, and physical, as well as approaches to learning; iv. Language development; v. Observation and child assessment; vi. Developmentally-appropriate activities; vii. Child guidance and methods of positive discipline which may include techniques to promote healthy social-emotional development and reduce challenging behaviors; or viii. Developmentally-appropriate activity areas. b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; vii. Water safety; viii. Prevention and control of infections diseases, including immunizations; ix: Prevention and response to emergencies due to food and allergic reactions, including anaphylactic shock; x. Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; xi. Emergency preparedness, response, and recovery planning for emergencies resulting from a natural disaster or a human-caused event; xii. Administration of medication, consistent with standards for parental or guardian consent; xiii. Handling and storage of hazardous materials and the appropriate disposal of biocontaminants; xiii. Handling and storage of hazardous materials and the appropriate disposal of biocontaminants; xiiii. Prevention of shaken baby syndrome, pediatric abusive head trauma, and child maltreatment; or xv. Physical restraint techniques. c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with a special health care need or a disability; and 2. As part of the required 24 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least six hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date. e. A child educator for school-aged children shall complete six of the 24 hours of training within the first three months of hire.

“Findings: Based on facility documentation and the Compliance Officer's observation, Staff #2's (DOE 7.14.2025) file lacked 6.25 hours of the required 24 hours of annual training from 8.2025 - 8.2026.”

AAC R9-5-501.A.1. A. A licensee shall ensure that: 1. In addition to complying with the requirements in this Chapter, the health, safety, or welfare of an enrolled child is not placed at risk of harm;

“Findings: Based on the Compliance Officer's observation, the fire alarm panel was beeping and was in trouble mode.”

AAC R9-5-512.F.4.5. F. A licensee shall ensure that: 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors;

“Findings: Based on the Compliance Officer's observation, on the Preschool playground, there was food waste in an uncovered and unlined container.”

AAC R9-5-603.D. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observation of 2 outdoor activity areas, the following was observed: School-age playground lacked the following resilient surfacing: * 2" of the required 6" of sand in the fall zones of the red slide. * 3" of the required 6" of sand in the fall zones of 7 swings and the yellow monkey bars. Preschool playground lacked the following resilient surfacing: * 4" of the required 6" of sand in the fall zones of the yellow ladder and 6 blue swings. * 3" of the required 6" of sand in the fall zones of the red slide. * 5" of the required 6" of sand in the fall zones of the double red slide. ”

AAC R9-5-721.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officers’ observations, the Fire inspection was expired. The most recent fire inspection contained violations and expired on 5.7.2025. *** Previously cited 9/8/2023 & 9/10/2024”

AAC R9-5-727.A.5. A. A licensee shall ensure that: 5. Age-appropriate toys, materials, and equipment are provided to enable each enrolled child to participate in an activity;

“Findings: Based on the Compliance Officers' observations, there was a child sleeping on a black bean bag chair.”

AAC R9-5-727.A.12. A. A licensee shall ensure that: 12. Except as provided in subsection (A)(14), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officers’ observations, there was a bottle of Re-Juv-nal on a cart near the kitchen door, accessible to the children present.”

AAC R9-5-742.D. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer’s observations, the Playground lacked 3” of the required 6” of resilient surface (sand) in the fall zones of the climbing structure and swings.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officer's observations, the Licensee lacked documentation of a violation-free fire inspection report. The fire inspection dated 5/7/2024 contained violations.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observations, the playground lacked 5.5” of the required 6” of resilient surfacing (sand) in the fall zones of the large climber, yellow pull-up bars, and 8 swings, and the sand was hard-packed in the fall zones.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on the Compliance Officer's observation, Child #1’s medication form lacked the prescription number, the route, the starting and ending dates, and the specific reason for the administration of the medication.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“Findings: Based on facility documentation and staff statement, the documentation of fire and emergency evacuation drills from October, 2023 - May, 2024 were unavailable for review. Staff stated they were unable to locate them.”