Or. Admin. R. 414-305-0920 - Outdoor Play Areas
(1) A
certified child care center must provide an outdoor play area that children can
reach safely.
(2) If an outdoor
play area is not connected to or in direct control of the certified child care
center, such as a public park or school, the center must have a written plan,
approved by CCLD, that describes how the center will maintain the safety of the
children in care. The written plan must include the following:
(a) Distance the alternate outdoor play area
is located from the center;
(b)
Detailed description of how the children, including infants and toddlers, will
reach the alternate area;
(c)
Neighborhood and outdoor play area circumstances, hazards, and risks;
(d) Availability of appropriate equipment
with fall zones and protective surfacing;
(e) Verification that parents have been made
aware that their children will be using an alternate outside play area and its
location;
(f) Safeguards the center
will be taking in order to ensure children are properly supervised while
traveling to and from and while using the space;
(g) Nature of other activities and persons
who may be sharing the space;
(h)
Availability of restroom facilities; and
(i) Ability to obtain assistance if needed
when injury or illness occurs.
(3) A certified child care center must keep
outdoor play areas free of litter, animal waste, solid waste and refuse,
ditches, or other conditions presenting a potential hazard.
(4) The outdoor play areas used by children
not yet attending kindergarten must be enclosed by a building, wall or fence
that is intended to prevent children from exiting and discourages climbing.
(a) The wall or fence must begin at ground
level, be at least 4 feet high, and maintained in a stable, secure, and upright
condition. Centers with certification in effect on July 15, 2001, must comply
with a barrier at least 3 feet high until such time as the existing barrier is
replaced.
(b) The openings in the
fence and gates must be no larger than 31/2 inches. Centers with
certification if effect on January 1, 2024, must comply with no more than 4
inches of open spacing in fences until the existing fence is
replaced.
(c) Barriers such as
plastic contractor's fencing may be used on a temporary basis to prevent
children from accessing an immediate hazard. If this type of fencing is used,
it must be supported with wood or metal fence posts.
(5) A certified child care center must ensure
that use zones in which a child falling or exiting from play equipment are:
(a) A minimum of 6 feet of clearance from
walkways, buildings and the external perimeter of equipment;
(b) Free of obstacles, other than the
equipment itself, that a child could run into or fall on;
(c) Arranged to prevent hazards from
conflicting activities;
(d)
Extended at least 6 feet in all directions from the equipment perimeter unless
the fall potential in that direction is minimal, such as play equipment with
guardrails or barriers or the sides of swings;
(e) Allowing for single-axis swings that move
forward and backward, to extend a minimum distance of twice the vertical
distance from the pivot point to the protective surface to the front and rear
of the swing midpoint;
(f) Allowing
for bucket swings and swings secured by a bar or strap and used by 2-year-olds
or younger, with the use zone extending at least 6 feet forward and backward
from the swing midpoint;
(g)
Allowing for multi-axis swings, such as tire swings that move in a circle, to
extend 6 feet plus the distance of the height of the top of the swing set to
the bottom on the swing's seat in every direction from the midpoint. At least a
30-inch clearance between a fully extended tire swing seat and the support
structure is required.
(6) A certified child care center must always
maintain protective surfacing in use zones under and around all outdoor
equipment of 18 inches or higher. Acceptable materials include wood mulch,
double shredded bark mulch, shredded or recycled rubber, uniform wood chips,
sand, pea gravel, rubber mats or poured in place rubber manufactured for such
use. Hog fuel is not permitted.
(a) Rubber
mats and poured in place rubber must:
(A) Be
tested to ASTM F1292;
(B) Be
installed and maintained according to manufacturer's specifications;
and
(C) Not have rips, tears, loose
seams, or other conditions that may pose a hazard.
(b) Loose-fill materials must:
(A) Have a minimum depth of 9 inches if using
loose-fill material other than shredded/recycled rubber or 6 inches if using
shredded/recycled rubber;
(B)
Remain loose at the required depth by replacing, leveling, or raking the
material; and
(C) Not be installed
over concrete or asphalt.
(7) A certified child care center must
securely anchor any non-portable piece of climbing or swinging equipment
according to manufacturer's instructions.
(8) A certified child care center must
provide a shaded area accessible to children in the outdoor play areas. Shade
may be provided by trees, buildings, or shade structures.
(9) The play equipment is arranged to allow
for an open, continuous, uninterrupted, and unobstructed area.
(10) Trampolines, other than rebounders, are
prohibited. Rebounders are permitted only when used according to manufacturer's
instructions.
(11) Inflatable
equipment such as: bounce houses, moon walkers, and giant slides, etc., are
permitted when used according to manufacturer's instructions. Staff must be
physically positioned to respond if needed.
(12) A certified child care center must
provide outdoor gross motor equipment that addresses a variety of skills (for
example, climbing, balancing, throwing, catching, pedaling, and
steering).
(13) A certified child
care center must ensure each child, while on the premises, using a bicycle,
tricycle, balance bike, scooter, skateboard, roller or in-line skates, wears a
well-fitting helmet, whether indoors or outdoors.
Notes
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
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