Mich. Admin. Code R. 400.8170

Current through Vol. 24-15, September 1, 2024

Section R. 400.8170 - Outdoor play area

Rule 170.

(1) As used in this rule:

(a) "Certified playground safety inspector" means an individual certified by the National Playground Safety Institute or the National Program for Playground Safety to conduct playground safety inspections.

(b) "Natural playground" means an outdoor play area that blends natural materials, features, and vegetation.

(2) The outdoor play area is considered an outdoor classroom and an extension of the learning environment.

(3) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.

(4) A center operating with children in attendance for 3 or more continuous hours a day shall have an outdoor play area that has at least 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the number of children for which the center is licensed.

(5) If outdoor space is not available adjacent to the center, then a center may use a park or other outdoor facility. The outdoor space must meet all of the following requirements:

(a) The area must be easily accessible by a safe walking route.

(b) The play area must be inspected before each use to ensure that no hazards are present.

(c) The location of the alternative outdoor play area must be specified in writing to the department.

(6) There must be a shaded area to protect children from excessive sun exposure, when necessary.

(7) The outdoor play area must be in a safe location.

(8) The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is at least 48 inches in height.

(9) Children shall only use age-appropriate equipment.

(10) An outdoor play area and any equipment located on the centers premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

(11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and shall keep it on file at the center.

(12) School-age centers operating in school buildings approved by the Michigan department of education are exempt from subrule (11) of this rule, provided the licensee informs parents, in writing at the time of enrollment, if the center plans to use a public schools outdoor play area and equipment that do not comply with subrule (11) of this rule.

(13) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at www.cpsc.gov. This handbook is also available for inspection, and distribution at no cost, at the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

(14) Shock-absorbing surfacing materials are not required for equipment that requires a child to be standing or sitting on the ground during play.

(15) Loose-fill surfacing material must not be installed over concrete or asphalt.

(16) The depth of the loose-fill surface material must be restored to its required depth when it has moved or becomes otherwise compromised.

(17) If childrens wheeled vehicles and pull toys are used, then a suitable surface must be provided for their use.

(18) Materials used on a natural playground must not be in the use zones for other playground equipment.

(19) The elevated playing surface of materials used on a natural playground must not exceed 30 inches.

(20) Materials used on a natural playground with elevated playing surfaces must not be installed over concrete or asphalt.

(21) Surfacing materials are not required under elevated playing surfaces on a natural playground.

Mich. Admin. Code R. 400.8170

2013 AACS; 2020 MR 23, Eff. 12/18/2019