1. (1) Certified ONB program space must promote a variety of age and developmentally appropriate active play areas for children in care. Activities must encourage and promote both moderate and vigorous physical activity such as running, jumping, skipping, throwing, pedaling, pushing, pulling, kicking, and climbing.
   (2) A certified ONB program must have shaded areas in outdoor play space provided by trees, buildings, or shade structures. A certified ONB program engaging children in unshaded areas must notice and respond to the children's comfort and safety in all temperatures, pursuant to OAR 414-320-0940, Weather Conditions and Outdoor Hazards.
   (3) A certified ONB program must meet the following requirements when using natural spaces not enclosed by a fence, wall, or similar barrier:
   (a) Establish boundaries with children in unenclosed spaces by using visual aids or cues, such as webbing or tying ribbons on trees. These visual aids must not create a tripping, confinement, or choking hazard.
   (b) Certified ONB staff must teach children to stop and return, such as through words or use of other calls.
   (c) Certified ONB staff must be positioned at locations within the ONB program space to ensure they are able to respond to dangerous situations.
   (4) A certified ONB program with outdoor classroom space must create barriers between that space and any immediately adjacent hazardous features, such as a ravine, cliff, or body of water more than two feet deep and six feet in diameter. These barriers may be made by natural materials and must be at least 29 inches tall for certified ONB programs enrolling only preschool-age children and 38 inches tall for certified ONB programs that enroll school-age children.  If public property used by a certified ONB programs do not meet these requirements, a certified ONB program must submit and follow supervision plans to be reviewed and approved by DELC.
   (5) If utilizing outdoor playground equipment that is under the direct control of the certified ONB program, the certified ONB programs must comply with OAR 414-320-0920 (6) through (8).
   (6) If utilizing outdoor playground equipment, certified ONB programs 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 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 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.
   (7) A certified ONB program must always maintain protective surfacing in use zones under and around all outdoor playground 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, 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) 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.
   (8) A certified ONB program must securely anchor any non-portable piece of climbing or swinging equipment according to manufacturer’s instructions.
   (9) If utilizing playground equipment that is not under the direct control of the certified ONB program, the certified ONB program must have a written plan, approved by DELC, that describes how the certified ONB program will maintain the safety of children in care.  The written plan must include the following:
   (a) Distance the alternate play area is located from the certified ONB program, if applicable;
   (b) Detailed description of how the children will reach the alternate play area;
   (c) Outdoor play area or playground equipment 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 play equipment not under the direct control of the certified ONB program;
   (f) Safeguards the certified ONB program 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.
   (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 certified ONB program utilizing a treehouse or tree loft must ensure that the treehouse or tree loft is safely constructed.  DELC may request that the certified ONB program obtain a building inspection from local authorities to verify safety.
   (13) 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.  Certified ONB programs must comply with Oregon bicycle laws while child care children are riding on public paths or roadways.

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