8 Colo. Code Regs. § 1402-1-2.337

Current through Register Vol. 47, No. 11, June 10, 2024

Section 8 CCR 1402-1-2.337 - OUTDOOR REQUIREMENTS

A. General Outdoor Requirements

1. At least seventy-five (75) square feet of useable outdoor play space must be available for each child in care.

2. The outdoor play space must be enclosed with at least a forty-two inch (42) fence with slats no more than four (4) inches apart, or a natural barrier. If a natural barrier is used, it must begin no higher than three and one-half inches (3-1/2) from the ground. If the family Child Care home does not have a fenced play space, the provider may apply for an outdoor hardship waiver.

3. All parts of the play area must be visible and easily supervised.

4. Shade must be available.

5. Decks that are more than twelve (12) inches high must have or be modified to have a protective railing or other barrier with slats no wider than four (4) inches apart.

a. For decks installed at ground level with more than a twelve inch (12) gap between flooring and ground, the gap must be inaccessible to children.

6. Tiered yards that have drop offs of more than twelve inches (12) must have a protective railing or other barrier.

7. All outdoor areas where children may pass or play must be kept free of animal contamination. All animal wastes must be promptly removed and inaccessible to children.

8. Window wells accessible to children must have covers that are in good condition and will protect children from falling into the window well. Window well covers must not prevent exiting from a basement window designated as the second exit.

9. Swimming pools, permanent wading pools, and above ground pools located on the property of the family child care home must be enclosed with a five foot (5') fence and a locked gate.

a. With written permission of the parent(s) or guardian(s), children in care may be permitted to use the permanent pool in the presence of an adult who holds a current Red Cross basic lifeguarding certificate or equivalent, and is actively responsible for lifeguarding protection.

10. Water used by children in play areas, including wading pools, must be drained and equipment must be cleaned and disinfected at the end of each day.

11. All hot tubs must have bolted and securely locked covers. All children in care are prohibited from using hot tubs.

12. Decorative ponds in the designated play area must have childproofing grates to prevent risk of drowning when there is no fence.

13. The use of any trampoline by children in care is prohibited. If there is a trampoline on the property of the family child care home, it must be stored in a way that makes it inaccessible to children.

14. Tree houses must be inaccessible to children in care.

15. Walkways must be cleared of snow and ice to provide safe entry and exit from the family child care home.

16. If a sand box designated for play is used it must be covered when not in use.

17. Outdoor space hardship

a. If an outdoor play space is not directly attached to the family child care home or accessible via secure access, or the family child care home cannot meet outdoor space requirements due to a hardship based on the location of the family child care home, the family child care home must develop a site-specific plan, which will be submitted to the Department for review and approval, that includes the following:

1) Identification of an accessible (appropriate for the age group of children served) alternate outdoor space including a description and approximate square footage of the space;

2) A diagram outlining how children will safely travel to and from this location;

3) A plan for supervision, including any special staffing requirements, to safely access and utilize the alternate outdoor space that includes:

a) Attendance tracking upon arrival to the outdoor space and return to the family child care home;

b) Children's toileting and diapering needs;

c) Children's routine and emergency medical needs including the use of first aid kits and accessibility of emergency contact information when not on site at the family child care home;

d) Plans for alternate activities if the outdoor space is unavailable; and

e) If play equipment or climbing structures are present in the outdoor space, a plan for assessing safety of equipment and supervising age-appropriate play;

4) An emergency evacuation plan including the location of a secondary site for reunification with parents in the case of an emergency while at the offsite location and plans for accessing shelter in the case of emergency; and

5) A policy that notifies the parent(s) or guardian(s) of the alternate outdoor space.

b. If the outdoor space becomes unusable or the family child care home cannot maintain what was approved in the plan, the primary provider must submit a new plan to the Department within ten (10) calendar days of a change in the usability of such outdoor space.

c. Family child care homes licensed prior to March 1, 2024, may not reduce or eliminate existing licensed outdoor space to qualify for the outdoor space hardship.

B. Outdoor Equipment, Materials and Surfaces

1. Resilient Surfacing as defined in rule section 2.304(77) Requirements:

a. All climbing equipment, sliding equipment, or equipment with attached platforms, eighteen (18) inches or higher must have resilient surfacing of at least six (6) inches in the use zone, see rule section 2.337(B)(3), surrounding the equipment.

b. Department-approved resilient surfacing includes loose fill materials such as wood chips, wood mulch, engineered wood fiber, pea gravel, synthetic pea gravel, shredded rubber tires, and sand. Solid unitary materials include poured in place surfacing, approved rubber mats, playground tiles, and artificial turf with built in resilient pad.

c. Loose fill resilient surface must be raked regularly to retain its resiliency and to retain a depth of at least six (6) inches.

1) Any newly installed solid unitary materials used for resilient materials must have written documentation from the manufacturer stating the material meets current federal requirements.

2. Maximum height of equipment

a. The maximum height of toddler climbing equipment, sliding equipment, or equipment with attached platforms cannot exceed thirty-two (32) inches.

b. The maximum height for preschool and school-age climbing equipment, sliding equipment, or equipment with attached platforms must not exceed six (6) feet in height with six (6) inches of department-approved resilient surfacing as listed in rule section 2.337(B)(1).

3. Use zone

a. Toddler climbing equipment, sliding equipment, or equipment with attached platforms must have a three (3) foot use zone surrounding the equipment. Toddler slides require a six (6) foot use zone extending out from the base of the slide.

b. Preschool and school-age climbing equipment, sliding equipment, or equipment with attached platforms must have a six (6) foot use zone surrounding the equipment.

c. Moving equipment must be located toward the edge or corner of a play area or be designed in such a way as to discourage children from running into the path of the moving equipment.

4. Metal equipment must be placed in the shade.

5. All play equipment must be designed to guard against entrapment and strangulation. Swing sets and other outdoor play equipment must be correctly assembled, well maintained, and securely stabilized or anchored.

6. All swings for children three (3) years of age and older must have seats made of flexible material.

C. Outdoor Activities

1. The family child care home must include outdoor play for all ages each day except when the severity of weather, including temperature extremes, makes it a health hazard, or when a child must remain indoors as indicated in writing by a health care provider or in a health care plan.

2. Developmentally appropriate supervision must be provided during outdoor play.

3. Children playing in an unfenced area or any other outdoor play area outside of the approved fenced play area must be under direct supervision at all times.

4. Children must wear protective equipment when riding a scooter, bicycle, balance bike, skateboard, or rollerblades.

5. Motorized riding toys are not permitted.

D. Outdoor Safety

1. Children must be directly and actively supervised near standing water including, but not limited to, fountains, buckets, wading pools, and animal troughs.

2. All outdoor play areas shall frequently be surveyed and must be kept safe and free from hazardous materials or debris that could cause harm to children.

3. Outdoor play space, including areas under decks must be free from safety hazards including, but not limited to, lawn mowers, tools, propane, gasoline, building scraps, and scrap metal.

4. Gas grills with propane tanks must be inaccessible or have a safety on/off knob.

5. Gates used for emergency evacuation must remain unlocked during child care hours.

8 CCR 1402-1-2.337

47 CR 04, February 25, 2024, effective 3/16/2024