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R400.8125 Outdoor play area

Licensing Rules for Child Care Centers

R400.8125 Outdoor play area

Rule 125 (1)

The outdoor play area is considered an outdoor classroom and an extension of the learning environment.

Rule 125 (2)

A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.

Rationale

Outdoor play affords an opportunity for learning in a different environment. Appropriate outdoor play areas and activities encourage growth in all developmental areas.Open spaces in outdoor areas encourage children to develop gross and fine motor skills in ways that may be difficult to duplicate indoors. Unstructured physical play is a developmentally appropriate outlet for reducing stress in children's lives.

Cold weather does not make children ill. Studies have indicated that children who are taken outdoors, even during cold weather for short periods of time, have fewer incidences of respiratory illnesses. Infectious disease organisms are less concentrated in outdoor air than indoor air. Exposing the skin to sunlight promotes the production of the vitamin D that growing children require. Being outdoors in the fresh air helps children to stay healthy.

When outdoors, children breathe fresh air, develop their muscles, learn and practice increasingly difficult skills, share and cooperate with other children, and get hands-on experiences with some basic scientific principles. Every child benefits from outdoor play every day.

Technical Assistance

The center is responsible and accountable to make sure that:

  • All children, including infants, are taken outside every day, as weather permits.
  • Children are not too hot or too cold.

A child can stay inside with a written and signed order by a health care provider. The center needs to make sure that the child is properly supervised while indoors.

Best Practice

When deciding about outdoor play, it is recommended to take into account:

  • The temperature, including wind chill factors and the heat index (“feels like” temperatures).
  • Severe weather conditions (e.g., lightning, heavy rain or snow, tornado watches/warnings)
  • Appropriate clothing for conditions. (The center may want to have extra clothing on hand in case children do not have appropriate clothing for conditions.)
  • Ages of the children.
  • Degree of sunshine or available shade.
  • Length of time of the play period.
  • Play activities planned.
  • Local community practices, health department advice, local school weather guidelines.
  • Public announcements of hazardous air quality conditions.
    • Note: Exposed skin will freeze in a few minutes at temperatures below -13° F or when the wind chill falls to -18.4° F.

    When temperatures are above 95o F, children are at risk of:

    • heatstroke,
    • heat exhaustion,
    • burns from hot objects (metallic playground equipment),
    • sunburn,
    • excessive thirst, etc.

    It is also recommended that children:

    • wear child-safe sunscreen all year round, even in winter.
    • are dressed appropriately for activities:
      • long-sleeved and -legged items protect from sunburn;
      • full jacket, snowsuit, mittens, scarf, hat, boots for snow play; etc.
    • stay hydrated during both hot and cold weather.

    Program staff also need to know the weather-related symptoms children may show (such as heat or sunstroke, sunburn, dehydration, frostbite, hypothermia, etc.). It may be helpful to provide parents with the center’s guidelines for weather conditions and outdoor play. It is recommended that children in care for a full day go outside twice a day.

Rule 125 (3)

A center operating with children in attendance for 3 or more continuous hours a day shall have an outdoor play area that has not less than 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the number of children for which the center is licensed.

Best Practice

It is recommended that the outdoor play area accommodates at least one-third of the licensed capacity at one time.

It is recommended that each child have a minimum of 75 square feet of play area. Play areas need to allow freedom of movement between active children.

Centers can stagger outdoor play times to allow all the children to go outside over the course of 2 to 3 hours.

Rule 125 (4)

If outdoor space is not available adjacent to the center, a center may use a park or other outdoor facility. The outdoor space must meet all of the following requirements:

  1. The area must be easily accessible by a safe walking route.
  2. The play area must be inspected before each use to ensure that no hazards are present.
  3. The location of the alternative outdoor play area must be specified in writing to the department.

Rationale

Ensures that the department is aware of any alternative play area not located on center property and that the play area is close by, easily and safely accessed, and safe to use.

Technical Assistance

The consultant needs to assess if an alternative play area meets the criteria of the rule by determining the following:

  • Location of play area.
  • Route to play area, including distance and safety.
  • Center's plan for getting the children to the play area.
  • Center's plan for ensuring the play area is safe prior to the children's arrival.

Centers that use a park or other off-site outdoor play area are not required to have these areas inspected by a Certified Playground Safety Inspector (CPSI). However, center staff need to make sure the play area is in “safe condition” before each time children use this area See subrule (9) of this rule for a description of “safe condition” for an outdoor play area.

Rule 125 (5)

There must be a shaded area to protect children from excessive sun exposure, when necessary.

Rationale

Exposure to sun is needed, but children must be protected from excessive exposure. It is estimated that 80% of a person's lifetime sun damage occurs before the age of 18 years. Individuals who suffer from severe childhood sunburns are at increased risk for skin cancer. It can take less than 10 minutes for a child's skin to burn. Practicing sun-safe behavior during childhood is the first step in reducing the chances of getting skin cancer later in life.

Technical Assistance
If there are no trees to give shade, use a tent, awning, or other simple shelter from the sun to make a shady area. There are no requirements for the shade area size.

Rule 125 (6)

The outdoor play area must be in a safe location.

Rule 125 (7)

The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is not less than 48 inches in height.

Rationale

Helps ensure proper supervision and protection, prevention of injuries, and control of the area. An effective fence or natural barrier is one that prevents a child from getting over, under, or through it and keeps children from leaving the protected outdoor play area except when supervising adults are present. Although these barriers are not childproof, they provide a layer of protection for children.

Technical Assistance

Examples of hazards that require a barrier include but are not limited to:

  • Busy roads and streets.
  • Parking lots.
  • Railroad tracks.
  • Electric fences.
  • Water hazards such as:
    • Swimming pools.
    • Ponds.
    • Lakes.
    • Canals.
    • Ditches or drains.
    • Streams and rivers.
    • Decorative landscape ponds.
  • Appropriate barriers include but are not limited to:
    • Fences.
    • Buildings.
    • Hedges.

Note: If plastic snow fence is used, it needs to be sturdy and standing.

The center needs to make sure that fences and barriers are:

  • Free of ready footing for climbing.
  • Free of any openings a child can get through.
  • Free of objects near the fence that make it easy for children to climb over the fence.

Best Practice

The following guidelines are recommended for fences:

  • Gates with self-closing and positive self-latching closures (a latch that will catch when the gate closes).
  • The latch or securing device is high enough or of a type that small children cannot open.
  • Play areas that are secured so they can’t be used when the center is closed.
  • Fences that meet local building codes.
  • Fenced areas that have at least two exits, one being away from the center building.
  • Fences and barriers that do not keep program staff from seeing the children.
  • Openings in fences that are 3 1/2 inches or less so children can’t be trapped and can’t climb the fence.

Rule 125 (8)

Children shall only use age-appropriate equipment.

Rationale

A playground should allow children to develop progressively and test their skills by providing a series of graduated challenges. The challenges presented should be developmentally appropriate, to allow a range of safe choices for children.

Children of different ages differ dramatically not only in physical size and ability, but also in their cognitive and social skills. Therefore, playground designs must accommodate these differences with regard to the type, scale and layout of equipment.

Equipment that is sized for larger or older children poses challenges that younger or smaller children may not be able to meet.

Best Practice

It is recommended that infants and toddlers have their own outdoor play space. The play area should have appropriately sized equipment and materials for their developmental needs. Additional information regarding equipment safety can be found on the Consumer Product Safety Commission website (CPSC).

Rule 125 (9)

An outdoor play area and any equipment located on the center’s premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

Rationale

Regular inspections are critical to prevent deterioration of equipment and the presence of hazardous materials within the play area, and to ensure that appropriate repairs are made as soon as possible.

Technical Assistance

“Safe condition” means a playground is free from:

  • Debris.
  • Animal waste.
  • Dilapidated (run-down) structures.
  • Broken or worn play equipment.
  • Building supplies and equipment.
  • Glass.
  • Sharp rocks.
  • Toxic plants.
  • Anthills.
  • Beehives and wasp nests.
  • Unprotected ditches.
  • Wells.
  • Holes.
  • Grease traps.
  • Cisterns.
  • Cesspools.
  • Unprotected utility equipment.

The play area and equipment need to be inspected for safety daily.

The inspection needs to include check for:

  • Visible cracks in equipment;
    • bending, warping, rusting, or broken equipment. Deformed open hooks, shackles, rings, links, etc.
  • Worn swing hangers and chains.
  • Missing, damaged, and loose swing seats.
  • Broken supports and anchors.
  • Cement support footings that are exposed, cracked or loose in the ground.
  • Sharp edges or points where children can get at them.
  • Ends of tubing that need to be covered with plugs or caps.
  • Protruding bolt ends that have lost caps or covers.
  • Loose bolts and nuts that need to be tightened.
  • Splintered, cracked, or otherwise worn-out wood.
  • Moving parts to need to be oiled.
  • Worn bearings or other mechanical parts.
  • Missing rails, steps, rungs, or seats.
  • Worn or scattered surfacing material.
  • Hard surfaces not covered by shock absorbing material, especially under swings, slides, monkey bars, etc.
  • Chipped or peeling paint.
  • Shear or crush points, exposed mechanisms, juncture, and moving components.
  • Poor drainage that leads to standing water and ice.

Unsafe equipment or areas cannot be used until repairs have been made or the equipment is removed from the premises.

Best Practice

The center may wish to develop a written checklist to use as a guide for documenting inspections.

Rule 125 (10)

The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department on request and keep it on file at the center. All equipment present on a center playground must comply with one of the following:

  1. Centers licensed after January 1, 2014, are required to obtain documentation of compliance with the 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety for all playground equipment, including equipment for children under age 2. The 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.
  2. Centers licensed prior to January 2, 2014, were required to obtain documentation of compliance with the Consumer Product Safety Commission’s 1997 edition of the Handbook for Public Playground Safety for equipment for children age 2 and older. The 1997 edition of the Consumer Product Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

Rationale

Each year, approximately 200,000 children are treated in U.S. hospital emergency rooms for playground equipment-related injuries. On average, there are 15 child deaths each year as a result of playground equipment-related incidents. Most injuries are the result of falls to the ground below the equipment.

The surface under and around playground equipment can be a major factor in determining the injury-causing potential of a fall. Head impact injuries present a significant danger to children. A fall onto a shock absorbing surface is less likely to cause a serious injury than a fall onto a hard surface.

A CPSC study of playground equipment related injuries treated in U.S. hospital emergency rooms indicated that the majority resulted from falls from equipment to the ground surface below the equipment.

Technical Assistance

Note: The Playground Equipment Safety Act (1997 PA 16) regulates playground equipment owned and operated by a local unit of government, school district or any other government entity. Because of the limited scope of the Playground Equipment Safety Act, it does not apply to most child care center playground equipment unless the center is operating in a school building.

General Information on Playground Inspections The consultant is required to do a general playground safety and maintenance assessment, no matter the:

  • age of equipment,
  • status of license or
  • age of intended user.

Centers need to use CPSIs approved by the department for playground inspections. A list of approved CPSIs can be found on the department's website.

This section of technical assistance will use the terms “residential equipment” (not ASTMF1487 compliant) and “commercial equipment” (ASTMF1487 compliant or meets the guidelines outlined in the CPSC’s Handbook for Public Playground Safety).

All equipment on a center playground needs to meet the CPSC’s Handbook for Public Playground Safety. This equipment may also comply with the ASTM-F1487 standards from 1997 or later. As a general rule, residential equipment cannot be ASTMF1487 compliant and commercial equipment can be. (Note: ASTM-F1148-XY standards are for residential equipment.)

Some playground equipment, such as homemade equipment or equipment manufactured before the ASTM-F1487 standards, will not be certified as ASTM-F1487 compliant. Equipment that is not ASTM-F1487 compliant needs to meet the guidelines outlined in CPSC’s Handbook for Public Playground Safety. A CPSI can verify if the equipment meets the handbook guidelines.

All equipment needs to be commercial equipment. The center needs to keep documentation that shows compliance with this subrule. Residential climbing equipment does not meet the guidelines outlined in CPSC’s Handbook for Public Playground Safety. Because residential climbing equipment should not be on a center playground or, cannot be used if it is, a playground inspection is not required for residential climbing equipment.
Exception: Centers can have residential non-climbing equipment (water tables, picnic tables, play houses with no attached slides, elevated play surfaces, etc.). This type of equipment needs to be kept out of the use zone for other playground equipment.

Centers licensed after January 1, 2014, are required to get proof of compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety for all playground equipment, including equipment for children under age 2. Compliance is verified by at least one of the following:

  • A written statement or certificate from the equipment manufacturer and installer that says the equipment was made and installed in compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: The installer needs to be a CPSI but does not have to be on the list of CPSIs approved by the department.
  • An inspection report, including the Playground Inspection Certification Summary (BCAL-5047), from a CPSI (on the list of CPSIs approved by the department) that shows compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: All equipment on the playground needs to be documented on the BCAL-5047, even if not inspected.
  • A written statement from the licensee that the equipment will not be used if they can’t verify compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: Inspections cannot be finalized when the ground is frozen. If a playground inspection is started when the ground is frozen, a follow-up inspection will need to be done after the ground thaws to assess the safety of surfacing.

Centers Licensed before to January 2, 2014, were required to document compliance with the CPSC’s 1997 Edition of the Handbook for Public Playground Safety for equipment for children age 2 and older. Compliance was verified by at least one of the following:

  • A written statement or certificate from the equipment manufacturer and installer that says t the equipment was manufactured and installed in compliance with the CPSC’s 1997 Edition of the Handbook for Public Playground Safety.
  • An inspection report, including the Playground Inspection Certification Summary (BCAL-5047), from a CPSI (on the list of CPSIs approved by the department) that shows compliance with the CPSC’s 1997 Edition of the Handbook for Public Playground Safety.
  • A written statement from the licensee that the equipment will not be used if they can’t verify compliance with the CPSC’s 1997 Edition of the Handbook for Public Playground Safety.

Centers licensed before January 2, 2014, do not need any additional documentation of compliance with this subrule unless equipment is added.

Playground Equipment for Children Under the Age of 2

Centers licensed before January 2, 2014, were not required to have equipment made for and used by children under the age of 2 inspected because it was not addressed in CPSC’s 1997 Edition of the Handbook for Public Playground Safety.

Climbing equipment manufactured for and used by children under the age of 2 may be residential climbing equipment. This type of equipment is often made in one piece, is portable and can be used indoors or outdoors.

Centers licensed before January 2, 2014, can continue to use residential climbing equipment made for and used by children under the age of 2 obtained prior to January 2, 2014. But the center cannot add residential climbing equipment for this age group.

Note: Portable equipment for children under the age of 2 needs to be out of the use zone for other playground equipment.
Equipment Altered/Installed After a Playground Inspection for All Centers

If the licensing consultant learns that a child care center has made a change or added equipment to an outdoor play area after a playground inspection has been completed, the child care center needs to provide at least one of the following on the altered or newly added equipment:

  • A written statement or certificate from the equipment manufacturer and installer. The statement must say the equipment was manufactured and installed in compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: The installer needs to be a CPSI but does not have to be on the list of CPSIs approved by the department.
  • An inspection report that includes the Playground Inspection Certification Summary statement or certificate from the equipment manufacturer and installer. The statement must say the equipment was manufactured and installed in compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: The installer needs to be a CPSI but does not have to be on the list of CPSIs approved by the department.
  • (BCAL-5047), from a CPSI (on the list of CPSIs approved by the department) documenting compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: All equipment on the playground needs to be documented on the BCAL-5047, even if not inspected (such as equipment previously inspected).
  • A written statement from the licensee that the equipment will not be used if they can’t verify compliance with the CPSC’s 2010 Edition of the Handbook for Public Playground Safety. Note: Inspections cannot be finalized when the ground is frozen. If a playground inspection is started when the ground is frozen, a follow-up inspection needs to be done after the ground thaws to assess the safety of surfacing. Refer to subrule (12) for more information on the exception to this subrule for school-age programs operating in school buildings

Rule 125 (11)

All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the United States Consumer Product Safety Commission Handbook for Public Playground Safety. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

Rule 125 (12

Shock-absorbing surfacing materials are not required for equipment that requires a child to be standing or sitting on the ground during play.

Rule 125 (13)

Loose-fill surfacing material must not be installed over concrete or asphalt.

Rationale

The surface under and around playground equipment can be a major factor in determining the injury-causing potential of a fall. Head impact injuries present a significant danger to children. A fall onto a shock absorbing surface is less likely to cause a serious injury than a fall onto a hard surface.
A CPSC study of playground equipment related injuries treated in U.S. hospital emergency rooms indicated that the majority resulted from falls from equipment to the ground surface below the equipment.

Technical Assistance

Hard surfacing materials, such as asphalt or concrete, are unsuitable under and around playground equipment of any height, even if it’s covered with loose-fill shock absorbing material.

Note: The CPSC’s 2010 Edition of the Handbook for Public Playground Safety allows loose-fill surfacing to be placed over concrete or asphalt if specific layers of protection are added. A variance may be granted to this rule if the guidelines in the CPSC’s 2010 Edition of the Handbook for Public Playground Safety are followed.

Surfacing for All Centers: All pieces of playground equipment need to be surrounded by a shock absorbing surface. This material may be either unitary or the loose-fill type as defined by the CPSC’s Handbook for Public Playground Safety.

Note: Equipment that requires a child to stand or sit on the ground during play does not have to follow the recommendations for shock-absorbing surfacing. This includes:

  • sand boxes,
  • activity walls,
  • play houses or any other equipment that has no elevated playing or climbing surface.

If the equipment has an elevated playing or climbing surface, no matter how far off the ground it needs to meet the requirements of this subrule.
The CPSC’s 2010 Edition of the Handbook for Public Playground Safety outlines the minimum required depths of loose-fill material needed based on material type and fall height.

The depths assume the materials have been compressed by use and weathering (see table 1 below).

Inches of Loose-Fill Material Protects to Fall Height (feet)
9 Wood Chips 10
9 Wood Mulch (non-CCA*) 7
9 Pea Gravel 5
9 Sand 4
6 Shredded/recycled rubber 10

*CCA is chromated copper arsenate. CCA-treated wood products should not be used. Mulch where the CCA-content is unknown should not be used.

Note: Loose-fill materials will squash or compact by at least 25 percent with use and weathering. Take this into account when planning for a playground.
For example, if the playground will require 9 inches of wood chips, start with 12 inches of wood chips.

Rule 125 (14)

The depth of the loose-fill surface material must be restored to its required depth when it has moved or becomes otherwise compromised.

Rationale

Weather conditions and frequency of use may cause the material to be worn away or become disbursed. Maintenance is necessary to ensure adequate depth by redistributing materials or by adding additional material.

Technical Assistance

If the material is scattered through use, add material to keep it at the required depth.

Depths are based on the compressed depth of the surface material. Therefore, when surface materials become packed, it cannot be loosened.

Best Practice

It’s recommended that a border be used around loose-fill materials. A border will keep the material in the area. Centers are also encouraged to put markers on the equipment support posts that show the correct level of loose-fill protective surfacing material needed under and around the equipment.

Rule 125 (15)

If children’s wheeled vehicles and pull toys are used, a suitable surface must be provided for their use.

Rationale

The use of wheeled vehicles and pull toys is an important large muscle activity for children and requires an appropriate surface.

Technical Assistance
The area used for wheeled vehicles and pull toys needs to have a flat, smooth, non-slippery surface (grass, pavement, and asphalt). The center can use a safe area next to the center (e.g. parking lot, walkway) if the surfacing material on a playground is not suitable for wheeled equipment (pea gravel, mulch, or sand). The area used for wheeled vehicles and pull toys needs to be free of standing water when in use.

Rule 125 (16)

Materials used on a natural playground must not be in the use zones for other playground equipment.

Rule 125 (17)

The elevated playing surface of materials used on a natural playground must not exceed 30 inches.

Rule 125 (18)

Materials used on a natural playground with elevated playing surfaces must not be installed over concrete or asphalt.

Rule 125 (19)

Surfacing materials are not required under elevated playing surfaces on a natural playground.

Rationale

Ensures the safety and well-being of children when they use natural playgrounds. Natural playgrounds contribute to the overall physical, cognitive and emotional development of children and helps them experience more diverse play. Natural playgrounds are also less expensive than playground equipment.

Technical Assistance
A natural playground is an outdoor play area that blends natural materials, features and vegetation. A natural playground may include items such as logs, stumps, and trees. A natural playground needs to be maintained in safe condition. For example, stumps cannot be rotting or have sharp branches sticking off them.

Rule 125 (20)

A small capacity center is exempt from subrules (3), (10), and (11) of this rule.

Rule 125 (21)

Small capacity centers shall abide by all of the following:

  1. Provide a clean, safe, and hazard-free outdoor play area on the premises or within a reasonable walking distance of the center.
  2. Inspect the outdoor play areas daily before use to ensure that no hazards are present.
  3. The play area size must be not less than 600 square feet.
  4. Provide an adequate and varied supply of outdoor play equipment, materials, and furniture that meets all of the following requirements:
    1. Appropriate to the developmental needs and interests of children.
    2. Appropriate to the number of children.
    3. Safe and in good repair.
  5. The outdoor play area and equipment must be organized to meet all of the following requirements:
    1. To separate active and quiet activities.
    2. For a clear and unobstructed view of the whole play area.
    3. To ensure that there are safe distances between equipment.
  6. Playground equipment including, but not limited to, swings, climbers, and slides with a designated play surface above 30 inches must meet all of the following requirements:
    1. Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.
    2. Be safe, in good repair, and age appropriate.
    3. Be placed not less than 6 feet from the perimeter of other play structures or obstacles.
  7. If the playground includes commercial playground equipment, the center needs a playground inspection by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department on request and keep it on file at the center.
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