Or. Admin. Code § 414-360-0920

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-360-0920 - [Effective 7/1/2025] Outdoor Play Area

(1) A provider must provide an outdoor play area that:

(a) Children can reach safely; and

(b) Is no less than 75 square feet for each child using the space at one time.

(2) If an outdoor play area is not connected to or in direct control of the provider, such as a public park or school, the provider must have a written plan, approved by CCLD, that describes how caregivers 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 home;

(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 certified family child care 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 provider 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 area 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. Certified family child care homes with certification in effect on September 15, 2002, must comply with a barrier at least three feet high until such time as the existing barrier is replaced.

(b) The openings in the fence and gates must be no larger than 3½ inches. Homes with certification in effect on June 30, 2025, 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.

(d) Fences must meet applicable local codes.

(5) A provider 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; and

(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) For all outdoor equipment 18 inches or higher, a provider must always maintain protective surfacing in use zones under and around the equipment. 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) For equipment less than 4 feet high, have a minimum depth of 6 inches;

(B) For equipment over 4 feet high, have a minimum depth of 9 inches.

(C) Remain loose at the required depth by replacing, leveling, or raking the material; and

(D) Not be installed over concrete or asphalt.

(7) A provider must securely anchor any non-portable piece of climbing or swinging equipment according to manufacturer's instructions.

(8) A provider must provide a shaded area accessible to children in the outdoor play areas. Shade may be provided by trees, buildings, or shade structures.

(9) Trampolines, other than rebounders, are prohibited.

(a) Rebounders are permitted only when used according to the manufacturer's instructions.

(b) If a trampoline is in the child care activity area, a provider must ensure that child care children cannot access the trampoline.

(10) Inflatable equipment such as: bounce houses, moon walkers, and giant slides, etc., are permitted when used according to manufacturer's instructions. Caregivers must be present and physically positioned to respond if needed.

(11) A provider must provide outdoor gross motor equipment that addresses a variety of skills (for example, climbing, balancing, throwing, catching, pedaling, and steering).

(12) A provider must encourage the use of helmets and have them available for children while using a bicycle, tricycle, balance bike, kick scooter, skateboard, roller or in-line skates.

(13) A provider must comply with Oregon bicycle laws while child care children are riding on public paths or roadways.

Or. Admin. Code § 414-360-0920

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280