Or. Admin. Code § 414-310-0530

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0530 - Outdoor Space

(1) A school-age center must provide an outdoor play area that children can reach safely.

(2) If the school-age center is located in a public school and uses the public school playground as the outdoor play space, OAR 414-310-0530(3) through (6) are not required.

(3) If an outdoor play area is not connected to or in direct control of the school-age center, such as a public park, 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 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 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.

(4) A school-age 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 multi-axis swings, such as tire swings that move in a circle, to extend six 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.

(5) A school-age center must always maintain protective surfacing in use zones under 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 or rubber mats or poured in place rubber manufactured for such use. Hog fuel is not permitted.

(a) Rubber mats or 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.

(6) A school-age center must securely anchor any non-portable piece of climbing or swinging equipment according to manufacturer's instructions.

(7) A school-age center must keep outdoor play areas free of litter, animal waste, solid waste and refuse, ditches, or other conditions presenting a potential hazard.

(8) A school-age 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 school-age center must provide outdoor gross motor equipment that addresses a variety of skills (for example, climbing, balancing, throwing, catching, pedaling, and steering).

(13) A school-age center must ensure each child, while on the premises, using a bicycle, scooter, skateboard, roller or in-line skates, is wearing a well-fitting helmet, whether indoors or outdoors.

Or. Admin. Code § 414-310-0530

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 110-2024, minor correction filed 05/09/2024, effective 5/9/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280