1. A. In addition to the applicable requirements set forth in COMAR 13A.16, the pilot shall meet the requirements of this regulation.

2. B. Capacity.

   1. (1) Notwithstanding any other provision under COMAR 13A.16, the maximum total capacity of the pilot may not exceed 12 children at any one time.

   2. (2) The office shall determine the capacity of the pilot based on:

      1. (a) An assessment of the hazards or risks present in the pilot’s location;
      2. (b) The ability of staff to visually account for children in care;
      3. (c) The square footage of natural space per child; and
      4. (d) Applicable zoning, health, safety, and environmental standards or codes of the state and local jurisdiction in which the pilot is located.
   3. (3) The pilot shall limit the total number of children in care at one time to the capacity approved by the office.
3. C. Minimum Age Requirement. A pilot shall enroll only children who are 3 years old or older.

4. D. Minimum Staff Requirements. Notwithstanding any other provision under COMAR 13A.16, a pilot shall staff the program at all times with two child care teachers.

   1. (1) The pilot shall staff the program at all times with one child care teacher who:

      1. (a) Meets the requirements of COMAR 13A.16.06.09A—B;
      2. (b) Holds a current certificate indicating successful completion of wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross or a program with equivalent standards; and
      3. (c) Has completed 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.

   2. (2) If the second child care teacher has not met the requirements of §D(1) of this regulation, the individual is eligible for employment as a child care teacher in the pilot program if the individual:

      1. (a) Meets the requirements of COMAR 13A.16.06.09-01;
      2. (b) Is enrolled in a wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross, or a program with equivalent standards; and
      3. (c) Is enrolled in 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.
5. E. Staff Professional Development. Six of the 12 hours of the continuing professional development required by COMAR 13A.16.06.09C shall be related to outdoor, nature-based early learning and child care.

6. F. Location.

   1. (1) A pilot shall:

      1. (a) Have a permanently located child care and learning environment; or
      2. (b) Be a roaming program, where resources are brought to the program each day.
   2. (2) If the operator of the pilot does not own the land on which the pilot program is located, the pilot shall enter into a land use agreement with the property owner permitting the pilot’s operation.
   3. (3) A pilot shall comply with all applicable zoning, health, safety, and environmental standards or codes of the State and local jurisdiction in which the pilot is located.
   4. (4) Prior to the arrival of any children, a pilot shall conduct and maintain a log of a daily visual inspection of the areas of the pilot that will be used that day.

   5. (5) A pilot shall have a method of removing or mitigating any hazards discovered in the inspected areas such as but not limited to:

      1. (a) Overhead branches;
      2. (b) Hazardous materials or devices;
      3. (c) Wildlife or wildlife droppings; or
      4. (d) Other items that threaten the health, safety, or well-being of children.

7. G. Square Footage. The pilot shall:

   1. (1) Have access to at least 4,000 square feet of natural space; and
   2. (2) Within the 4,000 square feet of natural space, identify at least 75 square feet per child accessing the space, at any given time that is suitable for vigorous and active play and gross motor activity.

8. H. Communication System. A pilot shall maintain a communication system that enables staff to communicate at all times with:

   1. (1) Other staff;
   2. (2) Emergency services, including 911 and poison control;
   3. (3) The Department; and
   4. (4) Parents and guardians.

9. I. Bathroom Use.

   1. (1) The pilot shall ensure that there is adequate supervision of all children when staff or children are using the toilet.

   2. (2) A pilot shall provide one of the following options for children and staff to meet their toileting needs:

      1. (a) A portable chemical toilet designated for use by the pilot that is:

         1. (i) Nontoxic and formaldehyde-free;
         2. (ii) Emptied regularly as needed; and
         3. (iii) Cleaned at least once a day and more often if needed;

      2. (b) A toilet facility in a public park, nature center, or public facility if:

         1. (i) Staff check the bathrooms for cleanliness and safety prior to each child’s use; and
         2. (ii) The pilot provides additional supplies as needed including toilette paper, paper towels, and fragrance free soap.

      3. (c) If no other toilet options are available, backcountry toileting that complies with:

         1. (i) The rules of the land use agreement with the landowner;
         2. (ii) All applicable state and local health, environmental, and zoning standards; and
         3. (iii) Leave no trace standards requiring the deposit of solid human waste in catholes dug 6 – 8 inches deep at least 200 feet from water, pilot usable play space, and trails.

10. J. Diapering.

    1. (1) A pilot shall have a diapering area that:

       1. (a) Is separate from areas where food is stored, prepared, or served;
       2. (b) Is separate from where children play or eat;
       3. (c) Has an approved handwashing method readily available; and

       4. (d) Has a sturdy surface or mat that:

          1. (i) Is not torn or repaired with tape;
          2. (ii) Is washable;
          3. (iii) Has a moisture resistant surface that is able to be cleaned and sanitized; and
          4. (iv) Is large enough to prevent the area under the diaper changing area from being contaminated with bodily fluids.
    2. (2) A pilot may not leave children unattended on a diaper changing surface or mat during the diaper changing process.
    3. (3) A pilot shall have and follow each step described in a diaper changing procedure to ensure diaper changing and disposal practices prevent cross-contamination.
    4. (4) A pilot shall prevent the viewing by members of the public of a partially or fully undressed child during diaper changes.

11. K. Safe Water Sources.

    1. (1) A pilot without access to hot or cold running water shall provide sufficient potable water from an approved source for drinking, food preparation, handwashing, dishwashing, and sanitizing.
    2. (2) A pilot shall offer drinking water multiple times throughout the day and be always readily available to children.

12. L. Rest Areas and Furnishings.

    1. (1) A pilot shall provide an approved and adequate area for children to rest;
    2. (2) The floor of the rest area shall be lined with a tarp made of waterproof material that can be cleaned and sanitized.

    3. (3) A pilot shall provide an age and developmentally appropriate mat for each child to use that is:

       1. (a) At a minimum, one inch thick;

       2. (b) Inspected daily before use to ensure that the mat is in good condition and free of:

          1. (i) Tears;
          2. (ii) Holes,
          3. (iii) Repairs;
          4. (iv) Mold or mildew; and
          5. (v) Vermin, insect, or other infestation.
       3. (c) Cleaned, sanitized, and air dried at least once per week or more often as needed if used by only one child, or after each use if used by more than one child; and
       4. (d) Stored so sleeping surfaces are not touching each other unless cleaned and sanitized after each use.
    4. (4) The mats shall be arranged so there is at least 18 inches on each side to reduce germ exposure and to allow staff access to each child during sleep time;

    5. (5) Each child shall have the following bedding:

       1. (a) A clean sheet or blanket to cover the sleeping surface and a clean blanket to cover the child that is suitable given the child’s size and outdoor temperature; or
       2. (b) A sleeping bag suitable for outdoor temperatures.

    6. (6) All bedding shall:

       1. (a) Be laundered at least once per week or more often as needed; and
       2. (b) Stored separately from bedding used by another child unless it is cleaned and sanitized after each use.
    7. (7) The pilot shall use a tarp overhead made of waterproof material to protect resting children from the sun, rain, or other elements.

13. M. Food Storage. A pilot shall:

    1. (1) Have approved, clean, and sanitary food preparation and eating areas; and
    2. (2) Maintain food at safe temperatures, as defined in COMAR 10.15.03, during storage, preparation, and transportation.

14. N. Medication. A pilot shall:

    1. (1) Require safe medication storage;
    2. (2) Require reasonable accommodations for giving medication; and
    3. (3) Maintain all required medication documentation and forms.

15. O. Outdoor Clothing and Equipment. A pilot shall provide families with a list of all clothing and equipment necessary to ensure all children:

    1. (1) Are dressed for weather conditions during outdoor program time; and
    2. (2) Have extra clothing to meet children’s safety and comfort throughout the day.

16. P. Safe Operating Temperatures. The pilot program shall not operate on any day when the MSDE Child Care Weather Watch chart posted on the MSDE website is:

    1. (1) In the red zone for the Heat Index Chart; or
    2. (2) In the yellow or red zone for the Wind-Chill Factor Chart.

17. Q. Sheltering During Inclement Weather. A pilot shall take appropriate action to protect the health, safety, and welfare of the children and shall have:

    1. (1) Plans to relocate or seek shelter in any alternative locations during inclement weather conditions and other possible hazards including but not limited to:

       1. (a) Earthquake;
       2. (b) Lightning storm, tornado, hurricane, or flooding;
       3. (c) Air quality emergency ordered by a public safety authority;
       4. (d) Lockdown notification ordered by a public safety authority; or
       5. (e) Other similar incidents.
    2. (2) Plans for days when the MSDE Child Care Weather Watch chart posted on the MSDE website is in the yellow zones for the Heat Index Chart.
18. R. Accommodations. A pilot shall provide reasonable accommodations for children with disabilities or special health care needs.

19. S. Child Safety.

    1. (1) A pilot shall use developmentally and age appropriate practices to teach children about:

       1. (a) Boundaries;
       2. (b) Self-regulation for outdoor and risky play; and
       3. (c) Encountering members of the public not affiliated with the pilot.

    2. (2) If a child goes missing, the pilot shall implement the steps of the emergency and safety plan required by COMAR 13A.16.10.01, including but not limited to:

       1. (a) Immediately notifying 911 to summon fire, police, and rescue services;
       2. (b) Immediately notifying the parent or guardian of any lost or missing child;
       3. (c) Notifying child protective services as soon as practicable; and
       4. (d) Notifying the Department as soon as practicable.

20. T. Risky Play. The risk benefit assessment shall:

    1. (1) Be submitted to the office on the approved form provided by the Department; and

    2. (2) Identify:

       1. (a) The types of risk present at the site or sites, including all hazards, that will be used by the pilot on a regular basis and explain how risks may change throughout the different seasons of the year; and

       2. (b) The potential benefits to children and the likelihood and severity of potential injury, and methods of mitigating hazards for risky play activities, including, but not limited to the following:

          1. (i) Climbing natural features;
          2. (ii) Water activities or supervision near bodies of water;
          3. (iii) Using sharp tools;
          4. (iv) Plant foraging;
          5. (v) Pilot program pets;
          6. (vi) Foraging or egg collection and consumption; and
          7. (vii) Activities near cliffs, steep slopes, or other natural features or hazards.

21. U. Campfire Activity Supervision and Safety.

    1. (1) A pilot shall have written permission from the landowner and any necessary permits before engaging in any campfire activities.
    2. (2) A pilot shall have a signed and dated written permission for campfire activities from each child's parent or guardian in the form of a fire hazard waiver. There may not be any campfire activities if the pilot does not have a fire hazard waiver for each child in attendance on that day.
    3. (3) A pilot shall train staff in the safe fire practices provided by the U.S. Forest Service and in this regulation.

    4. (4) A pilot shall ensure that all staff:

       1. (a) Are able to properly build and extinguish a fire;
       2. (b) Are properly trained in how to use an ABC fire extinguisher; and

       3. (c) Are prepared to smother a fire on a child's clothing or hair using equipment including but not limited to:

          1. (i) Water;
          2. (ii) A fire suppression blanket; or
          3. (iii) A fire extinguisher, as permitted.

    5. (5) Before starting a campfire activity, a pilot shall have the necessary equipment and supplies to safely extinguish a campfire including but not limited to:

       1. (a) Sufficient water;
       2. (b) A shovel; and
       3. (c) An ABC professionally certified fire extinguisher, as permitted.

    6. (6) A pilot shall have and properly maintain a first-aid kit near the campfire that contains first-aid supplies made specifically to treat fire related injuries including but not limited to:

       1. (a) A fire suppression blanket; and
       2. (b) Sterile, non-adhesive bandages.

    7. (7) A pilot shall create a clearly visible boundary at least three feet away from the outer edge of the fire pit or structure containing the fire.

       1. (a) This boundary may be marked by:

          1. (i) A rope;
          2. (ii) Large rocks; or
          3. (iii) A seating area made of logs or camp chairs.

       2. (b) At all times, the area within the three-foot boundary shall:

          1. (i) Be clear of tripping hazards such as bags or other materials; and
          2. (ii) Have space in between the logs, camp chairs, or other seating so that children and adults may easily move into and out of the seating area.
    8. (8) Prior to any campfire activity, a pilot shall use developmentally appropriate teaching practices to ensure children understand safe behavior around a campfire.

    9. (9) A pilot shall require campfires to be built and extinguished according to safe fire practices provided by the U.S. Forest Service and the campfire:

       1. (a) May not be built during periods of high fire danger in the area;
       2. (b) May not be more than 2 feet in diameter;
       3. (c) Shall be in a fire pit or structure that is designed for the express purpose of safely containing a campfire and, when applicable, the fire pit or structure shall contain an approved bottom; and
       4. (d) May not use accelerant or burn materials that release toxic substances, such as chemically treated wood, rubber, or plastics.
    10. (10) While campfires are burning, a pilot staff member shall remain within the 3-foot boundary around the fire to respond to any fire tending needs and to prevent children from coming into close contact with the fire.
    11. (11) Adults who tend to the fire must tie back long hair and secure loose clothing to reduce the risk of catching fire.

    12. (12) The pilot shall prevent children from:

        1. (a) Entering the 3-foot boundary around the campfire;
        2. (b) Running and pushing within 6 feet of the edge of the firepit; and
        3. (c) Inhaling campfire smoke.
    13. (13) A pilot shall require completion of a campfire activity log on a Department approved form for each campfire activity.
    14. (14) Each pilot may not have more than one campfire activity at any time.
22. V. Handbook. A pilot shall provide each parent or guardian a handbook containing written policies and procedures for each of the requirements of this regulation.
23. W. Waivers. A pilot shall require parents or guardians to sign a risk waiver that acknowledges and accepts the potential hazards and risks associated with the pilot.
24. X. Records. A pilot shall store all records required under COMAR 13A.16 and this regulation in a manner that protects the records from damage from the elements.

Authority: Education Article, §§2-205 and 9.5-1101—9.5-1104, Annotated Code of Maryland

Effective date: March 3, 2025 (52:4 Md. R. 220)