1. (1) A certified ONB program may only care for children in areas approved by DELC.
   (2) A certified ONB program’s licensed capacity is based on the licensed outdoor classroom space within the natural space licensed for use by children.
   (a) There must be a minimum of 4,000 square feet of natural space per child to support a nature-based curriculum, unless otherwise approved by DELC.
   (b) An outdoor classroom area must have a minimum of 75 square feet of space in that area per child, not including bathroom or diaper changing spaces or ground space occupied by shelves, sheds, or other equipment not intended to be accessible to children.
   (3) For purposes of determining capacity, DELC will consider the factors and requirements described in this subsection.
   (a) Unless otherwise approved by DELC, the licensed space of another certified ONB program or educational program that regularly operates at the same time will not be considered in the licensed space calculations for the area that is being licensed;
   (c) The facilities on the premises, such as emergency shelters and toilets, must be sufficient to support the health, safety, and biological needs of all enrolled children;
   (d) The age range of children requested or approved by DELC to attend the certified ONB program;
   (e) If an indoor space will be used to meet the children's biological needs, those spaces:
   (A) Must be inspected and approved by the appropriate fire code official and environmental health specialist; and
   (B) May be used to provide children with transitional activities while the biological needs of other children are met in order to meet supervision requirements and keep children together.
   (4) A certified ONB program must have DELC approval prior to using any new outdoor classroom space or natural space to care for children.
   (5) A certified ONB program must not exceed its licensed capacity at any time, including the total number of children in care both at and away from the ONB program.
   (6) The following spaces or areas must not be included in the capacity determination:
   (a) Unlicensed space;
   (b) Emergency shelter space that will only be used in case of emergency;
   (c) Toileting facilities;
   (d) Restricted land; and
   (e) Roadways through parks.

Statutory/Other Authority

ORS 329A.260

Statutes/Other Implemented

ORS 329A.280

History

DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025