OLE! Texas The Regulatory Framework for Outdoor Learning Environments in Texas Childcare Facilities

A Practitioner’s Guide to State Laws, Regulations, and Policies Associated with 18 Early Childhood Play and Learning Settings at Childcare Centers and Childcare Homes (Second Edition) ! Intentionally blank. OLE! Texas The Regulatory Framework for Outdoor Learning Environments in Texas Childcare Facilities

A Practitioner’s Guide to State Laws, Regulations, and Policies Associated with 18 Early Childhood Play and Learning Settings at Childcare Centers and Childcare Homes (Second Edition) Citation Jost, D., Cosco, N., Moore, R. & Cooper, A. 2017. The Regulatory concerns for those designing environments to allow all children (and Framework for Outdoor Learning Environments in Texas Childcare their caregivers) to take advantage of the developmental benefits of Facilities: A Practitioner’s Guide to State Laws, Regulations, and outdoor learning environments. The information contained in this Policies Associated with 18 Early Childhood Play and Learning Settings document was the most current available at the time the document at Childcare Centers and Childcare Homes (Second Edition). The Natural was created. The document was largely reviewed and finalized in Learning Initiative, NC State University. August 2016. Sections related to Texas Health and Human Services Commission, Child Care Licensing, were reviewed by representatives of ISBN 978‐0‐9982572‐0‐4 that department in August 2017, and edited based on the feedback provided. Prior to substantive use, refer to state agencies to determine © Natural Learning Initiative & National Wildlife Federation, 2016 if updates to the standards discussed have occurred. Also, refer to local All rights reserved. PDF copies of this report may be freely jurisdictions to ensure awareness of additional laws or standards at the downloaded and electronically copied. However, no part of the local level that must be followed. whole, including photographs, may be extracted and published elsewhere in any form or by any means available now or in the Project Team future without permission of the publishers. Report prepared by the Natural Learning Initiative, North Carolina State University, and the National Wildlife Federation for the Texas Cover Photograph: First Environments Early Learning Center, Research Department of State Health Services. Triangle Park, North Carolina. Photo by the Natural Learning Initiative. Texas Department of State Health Services

Brett Spencer, Manager, Primary Prevention Branch, Health Disclaimer Promotion and Chronic Disease Prevention Section The intent of this document is to encourage early childhood outdoor Division for Disease Control and Prevention Services environment designers to understand the regulatory framework Cari Browning, MA, CTRS, CHES, Physical Activity Coordinator, affecting childcare centers and homes at the state level in Texas and Obesity Prevention Program, Health Promotion and Chronic thus more fully meet the needs of all children and the adults who work Disease Prevention Section, Division for Disease Control and with them. It is intended to help practitioners navigate five documents Prevention Services issued by the state of Texas. It is not intended as legal advice. The Natural Learning Initiative, North Carolina State University framework should be used in conjunction with other existing health, Nilda G. Cosco, PhD, PI, Research Associate Professor, Director of safety, and accessibility measures, guidelines, and standards. The Programs of NLI document does not duplicate or fully incorporate all the language in the Robin C. Moore, MCP, Dipl. Arch., Hon. ASLA, Co‐PI, Professor of laws, regulations, and policies discussed herein. It was not intended to Landscape Architecture, Director of NLI encourage practitioners to overlook or neglect health, safety, or Daniel Jost, MLA, ASLA, CPSI, Graduate Research Assistant accessibility issues that are not discussed or that are not subject to clear Karli Stephenson, Graduate Research Assistant (Graphic Design) regulation. It was not intended to provide guidance on best practices for optimizing safety, accessibility, or developmental benefits. National Wildlife Federation Fortunately, a wealth of resources is available to address specific Allen Cooper, MPP, JD, Director of Learning Table of Contents Mounds and Sloping Topography ...... 16 Resources ...... 30 Project Background ...... 1 Multipurpose Lawns ...... 17 State Regulations for Childcare Overview of Regulatory Environment ..... 3 Primary Pathway ...... 18 Facilities (Requirements) ...... 30 Language in Standards, Laws, and Sand Play Areas ...... 19 Voluntary Guidelines Tied to Public Guidelines Associated with Specific OLE Funding for Childcare Facilities in Vegetable and Fruit Gardens ...... 20 Settings ...... 5 Texas ...... 30 Water Play: “Hands‐in” Features ...... 21 Acoustic Play Settings ...... 5 Grants for Childcare OLEs ...... 30 Water Tables ...... 21 Bird, Butterfly, and Pollinator Best Practices for Creating OLEs ...... 30 Water Play: Sprinklers and Spraying Habitat ...... 6 Creating Habitat Areas ...... 30 Features that do not Pool Water ...... 22 Decks, Platforms, and Stages ...... 7 Invasive Plants in Texas ...... 30 Appendix 1: List of Interview Participants Dry Creek Beds and Playable Rain and Reviewers ...... 23 Non‐Toxic Plants that Encourage Gardens (LID Features) ...... 8 Play ...... 30 Appendix 2: Discussion: When do Earth Play Settings ...... 9 stationary natural features qualify as Plants for Rain Gardens ...... 31 Grass Mazes and Tall Grass Areas ...... 10 “stationary equipment” or “active play Managing Risk Related to Natural and Groves of Small Trees or Large equipment” that is subject to more Naturalistic Features in OLEs ...... 31 Shrubs ...... 11 extensive standards? ...... 25 Managing Risk Related to Playground Loose Parts Play Areas ...... 12 Appendix 3: Discussion: What does Equipment ...... 31 Portable Toys and Equipment ...... 12 licensing mean by “supervise children at Summary of Health and Wellness all times”? ...... 27 Natural Loose Parts/ Benefits Associated with Access to Nature ...... 31 Construction ...... 12 Appendix 4: Licensing Requirements for Manufactured Playground Insect Repellant and Pest Control ...... 28 Sustainable Landscape Design ...... 31 Equipment ...... 13 Appendix 5: Inspections and Maintenance Stationary Natural Play Features ...... 14 of Active Play Space and Equipment ...... 29

Logs ...... 14 Boulders ...... 14 Stumps ...... 14 Project Background foods—like kale—by teaching them to professionals on Preventing Obesity by grow their own vegetables in their Design methods and materials. During the

childcare facilities. Similar outdoor first year of OLE! Texas, its partners are Two 4‐year‐old boys carefully tend a learning areas may soon sprout up in working together to create demonstration batch of sand cupcakes at an outdoor childcare facilities across Texas as part of a sites that adapt best practices from “kitchen.” A girl pedals a tricycle around new initiative. elsewhere to Texas’s unique ecological looping pathway while another girl picks and regulatory environments. The goal is purple grapes off an adjacent vine. OLE! Texas is a multidisciplinary to inspire improvements to early childcare “What’s your favorite meal we make at intervention to promote early childhood OLEs throughout Texas. the center?” a teacher asks a small girl health through improving the outdoor dressed in pink. At first, the girl seems learning environment (OLE) at childcare Potential site improvements at childcare confused but then her face lights up. “Oh… facilities (childcare centers and childcare facilities may include a diverse range of Kale Salad!” she yells. “Kale Salad! Kale homes). manufactured, constructed, and natural Salad! Kale Salad! I love Kale Salad.” features and settings. Manufactured fea‐

Launched in 2016, OLE! Texas is supported tures are standardized and mass‐produced If this seems like an atypical response for a by the Health Promotion and Chronic in a factory. They may include manu‐ 4‐year‐old child, that may be because this Disease Prevention Section, Texas factured playground equipment such as isn’t your typical playground or childcare Department of State Health Services, and standardized swings and slides as well as center. It’s been designed to promote implemented through a statewide project loose parts such as plastic building blocks active play and to encourage kids to eat leadership team with support from the and Tonka toys. Constructed features and healthy foods—like kale—by involving Natural Learning Initiative (NLI) and settings tend to be customized and them in vegetable gardening. National Wildlife Federation (NWF). constructed on‐site. They may include

concrete pathways and decks or stages It is one of eight model outdoor learning The OLE! Texas initiative aims to increase made from dimensioned lumber. Natural environments developed as part of physical activity, promote healthy eating, settings may include groves of trees, dry Preventing Obesity by Design (POD) Wake and support outdoor learning for young creek beds, and bird and butterfly habitat. County, a program developed by the children. Project components include These settings may contain stationary Natural Learning Initiative (NLI) at North training Texas landscape and design natural features such as prepared logs and Carolina State University’s College of professionals about outdoor learning natural loose parts. “Naturalization” Design. The program promotes active play environment best practices and training describes the process of establishing areas and encourages kids to eat healthy landscape and early childhood education natural settings and features in an OLE.

1 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Time spent playing in naturalized outdoor that may affect opportunities to improve A related but separate internal policy learning environments has been linked to OLE quality, including natural settings and analysis report was also created to a variety of positive health and wellness features. summarize health and developmental outcomes. It has been shown to support benefits of natural outdoor learning gross motor development, reduce rates of To execute this task, NLI and NWF environments and provide an overview of myopia, and increase physical activity. It conducted background research and relevant state laws, regulations, policies, reduces children’s levels of stress and structured interviews with individuals with and funding programs. A primary task was aggression, increases concentration, and a direct stake in OLE! Texas, including to review the language contained in these lessens the symptoms associated with center directors, early childhood edu‐ documents to understand potential effects ADHD. It is also associated with improved cators, college instructors, and facility on the implementation of OLE best performance on science tests and regulators. Also included, were repre‐ practices. This report was shared with the development of an environmental ethic. sentatives of agencies, organizations, and OLE! Texas Leadership Team and state professional fields with potential influence departments. OLE Texas! encourages the creation of over OLE quality, including designers and settings that provide diverse opportunities design instructors (see Appendix 1). Mat‐ This guide aims to explain what is possible for play and learning across all domains erials from Texas AgriLife Extension and under the major policies affecting OLEs in and stages of child development, including the “green industry” were also reviewed. Texas. Other resources may be referenced fixed features, portable toys and equip‐ to learn about best practices for OLEs and ment, and loose parts. Although its The report consists of two distinct to see illustrations of completed projects. primary focus is renovation of outdoor documents. This guide, directed towards Some such resources are listed at the end areas in existing childcare facilities, the early childhood education and design of this article. OLE! Texas design strategy can also be professionals, explains how standards, applied to new construction. laws, and guidelines identified through Information provided in this guide was this process affect the design and manage‐ the most current available at the time it This report examines the regulatory ment of play and learning settings that was created. Prior to using this document, environment for outdoor learning environ‐ may be found in best practice outdoor refer to state agencies to determine if ments in Texas childcare facilities. It is part learning environments at childcare fac‐ updates to the standards discussed have of the OLE! Texas project. NLI and NWF ilities. All settings featured in this docu‐ occurred. Refer to local jurisdictions to were asked to collaborate in identifying ment can be designed to comply with ensure you are aware of additional laws or state‐level Texas laws, regulations, existing Texas requirements. standards at the local level that must be standards, and grant/funding language followed.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 2

Overview of Regulatory In some situations, a waiver or variance “manufactured or natural…stand‐alone or may be obtained from CCL if a childcare part of a composite play structure” (See Environment operation does not meet these standards. 106.5.44). This requires submitting documentation Texas regulations recognize two main explaining how the operation is going to Childcare homes have fewer requirements types of fulltime childcare operations ensure children’s safety. Some consider‐ for accessibility, as “play areas located in serving children in early childhood: ations include children’s age, degree of family childcare facilities where the 1. Childcare centers, defined as serving risk, temporary nature of risk, and alter‐ proprietor actually resides” are excluded seven or more children outside the nate safety protocols in place. To request from the requirements of Section 240 and administrator’s own home; 2. Childcare a variance, use Form 2937, found here: the more specific requirements in Sections homes, defined as serving 12 or fewer http://www.dfps.state.tx.us/child_care/inf 206.2.17 and 1008 that are grounded in children in the administrator’s own ormation_for_providers/cclforms.asp requirements in section 240 (See 240.1). residence. A third type of childcare operation, school‐age and before or after Accessibility standards cover childcare The main accessibility requirement in school programs, serve exclusively school‐ centers and the non‐residential portions of childcare homes is to provide “at least one age children. Therefore, they are not childcare homes. Both are required to accessible route” within the play area (See addressed here. * comply with the Texas Accessibility 206.2.17.1). There are no requirements for Standards (TAS), which largely mirror the the number of play components that need Childcare Standards vary based on the 2010 ADA Accessibility Standards issued to be accessible or at ground level. type of operation. Childcare centers are by the U.S. Department of Justice (DOJ). Exceptions are settings regulated in other required to meet Minimum Standards for sections of TAS. For example, a lawn Child‐care Centers (Chapter 746 of the Minimum requirements for play areas seating area intended for assembly and Texas Administrative Code) issued by the serving children over age 2 are provided stages in performance areas must be Texas Health and Human Services by the TAS – Sections 206.2.17, 240, and connected to an accessible route although Commission (HHSC), Child Care Licensing 1008. For childcare centers, TAS specifies the lawns do not have to be wheelchair (CCL). Childcare homes are required to how many play components must be at accessible themselves. meet Minimum Standards for Child‐care ground level and on an accessible route. Homes (Chapter 747 of the Texas “Play component” refers to all elements in For both childcare centers and childcare Administrative Code) also issued by CCL. play areas “intended to generate specific homes, the specifications for accessible Both standards cover the outdoor learning opportunities for play, socialization, or routes in licensed outdoor areas are environment. learning,” whether they are different than for other landscape types.

3 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Refer to TAS Section 1008 for more awarded a three‐star rating, and at least The majority of this document is specific information on slopes, clearances, 9% higher reimbursements for facilities dedicated to exploring how the language ramp lengths, path widths, and use of awarded a four‐star rating. These in the documents identified above may transfer platforms. percentages are minimums and local affect the creation, design, and manage‐ increases in funding based on TRS ment of 18 OLE settings considered to be Texas Rising Star (TRS) is a voluntary certification can be higher. (See Texas best practices. The charts on the following quality rating and improvement system for Government Codes §809.20 and pages identify design and management certification of early childhood education §2308.315). considerations based on laws, regulations, centers and homes that are part of the and funding programs that are or may be Texas Workforce Commission (TWC) Playground equipment. Texas Health and relevant to each setting. They discuss how subsidized childcare program. TRS is used Safety Code Section 756.061 requires that the settings support child development to assess the quality of childcare provi‐ all “playground equipment” purchased or mandates found in the minimum stan‐ ders, to communicate that information to installed using public funds in the State of dards and may contribute to the points parents seeking childcare, and to deter‐ Texas (after September 1, 2009) must facilities receive under the Texas Rising mine the level of funding providers receive comply with ASTM Standard F1487‐07ae1, Star rating system. Specific sections that for each TWC‐subsidized child. Licensed published by ASTM International. are relevant are identified for ease of childcare centers and licensed or register‐ Surfacing for “the area under and around reference. Please note that while some ed childcare homes that serve TWC‐ playground equipment” purchased with management considerations with subsidized children may be certified as public funds must comply with ASTM particular relevance to OLEs are discussed, two‐star, three‐star, or four‐star facilities, Standard F2223‐04e1. Note: these are providing more general information on the using criteria published in the Texas Rising historic standards—not the most recent management standards for child‐care Star Child Care Provider Certification editions of ASTM standards. Publicly facilities (e.g. caretaker ratios or staff Guidelines and Classroom Assessment funded equipment is also required to training) is beyond the scope of this guide. Record Forms. provide shading of bare metal surfaces to Finally, there is a resources section, which avoid burns. Given the mature develop‐ links to the standards and guidelines. TRS reimbursement rates. Texas ment of manufactured playground equip‐ Government Code §2308.315 requires ment standards, the topic is recognized *Minimum Standards for School‐age and Before or that the local workforce board provide at within this report but not dealt with in After School Programs are found in Chapter 744 of the Texas Administrative Code. Though the specifics least 5% higher reimbursements for depth. Rather various other settings that of these standards are not addressed here, this subsidized children attending facilities represent OLE best practice—including document may be useful for understanding certain awarded a two‐star rating, at least 7% natural features—are addressed in detail. language shared with Chapters 746 and 747. higher reimbursements for facilities OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 4

State Standards, Laws, and Guidelines Associated with Specific OLE Settings

OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Acoustic Play Design Considerations: Design Considerations: Design Design Considerations Contributes Settings Must be “free from Must be “free from Considerations: for childcare homes: to points sharp or rough edges sharp or rough edges Subject to this law None awarded for and toxic paints.” and toxic paints.” only if it is part of a P‐OLE‐01 and freestanding For childcare centers P‐OLE‐04. Child Development Child Development playground structure only: Qualifies as a Mandates Addressed: Mandates Addressed: that is bought or play component Helps meet require‐ Helps meet require‐ installed using public subject to ments for “a variety of ments for “a variety of funds. If connected to requirements for activities daily” and creative activities” and a freestanding accessibility contain‐ “opportunities for “opportunities for active playground structure, ed in Sections 240 active play both play both indoors and it would be required and 1008 of TAS. At indoors and outdoors.” Providing to meet ASTM F1487‐ least one of each outdoors.” Providing “rhythm instruments” 07ae1 standards for type of ground level “rhythm instruments” helps meet require‐ entrapment, play component must helps meet require‐ ments for activities protrusions, be on an accessible ments for activities encouraging large entanglements, crush route and these encouraging large muscle development in and shear, etc. (See components must be muscle development toddlers and small ASTM F1487‐07ae1). spread throughout in toddlers and small muscle development in the play area. A more muscle development pre‐K children. complex rule applies in pre‐K children. to elevated (§747.2103, components. (§746.2205, §747.2407, §747.2507, §746.2507; §746.2607, §747.3501 (5)). §746.3701 (5)).

5 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Bird, Butterfly, Design Considerations: Design Considerations: Not applicable, Design Considerations Contributes to and Pollinator “Poisonous or “Poisonous or because feature does for childcare homes: points awarded Habitat potentially harmful potentially harmful not qualify as None for P‐OLE‐02 plants must be plants must be playground inaccessible to all inaccessible to children.” equipment. For childcare centers May Contribute children.” only: If a garden is to points (§746.3501 (6)) intended as a setting awarded for (§746.3701 (6)) for learning, P‐OLE‐01 if it contributing to points links to or awarded for P‐OLE‐01, reinforces it would qualify as a indoor learning. play component subject to require‐ Design ments for accessibility Considerations: contained in Sections Plants must be 240 and 1008 of TA. At non‐toxic least one of each type

of ground level play component must be on an accessible route and these components must be spread throughout the play area. A more complex rule applies to elevated components. Not every part of the garden would be required to be accessible.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 6 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Decks, Platforms, Design considerations: Design considerations: Design considerations: Design Considerations Contributes to and Stages “Porches or platforms “Porches or platforms Decks and platforms for childcare centers points awarded more than 20 inches in more than 20 inches in are not subject to this and homes: Stages for P‐OLE‐04. height for pre‐ height for pre‐ law unless they are must be connected to kindergarten and kindergarten and part of a composite an accessible route younger children, and younger children, and playground structure (See Advisory 201.3). more than 30 inches in more than 30 inches in that is bought or height for school‐age height for school‐age installed with public For childcare centers children, must be children, must be funds. Platforms only: Qualify as play equipped with equipped with connected to a components subject to protective barriers that protective barriers that composite playground requirements for surround the elevated surround the elevated structure would be accessibility contained surface except for surface, except for required to meet in Sections 240 and entrances and exits entrances and exits and ASTM F1487‐07ae1 1008 of TA. At least and that prevent that prevent children standards for one of each type of children from crawling from crawling over or entrapment, pro‐ ground level play

over or through the falling through the trusions, etc. (See component must be barrier” or “becoming barrier, or becoming ASTM F1487‐07ae1). on an accessible route

entrapped.” entrapped.” Note the Department and these components of Family and must be spread (§746.4601; (§747.4401; Protective Services throughout the play §746.4509) §747.4309) Minimum Standards area. A more complex for Child‐care Centers/ rule applies to Homes are more elevated components. restrictive than ASTM standards for what platforms require barrier rails, and trump ASTM.

7 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Dry Creek Beds Design Consideration: Design consideration: Not applicable, Design Contributes to and Playable A dry creek bed or rain A dry creek bed or rain because feature does Considerations for points awarded Rain Gardens garden accessible to garden accessible to not qualify as childcare homes: for P‐OLE‐02 children must not fill children must not fill playground None with standing water. with standing water. equipment Design Children are not Children are not allow‐ For childcare centers Considerations: allowed to swim or ed to swim or wade in only: Qualify as play Plants must be wade in anything anything other than components subject non‐toxic other than swimming swimming or wading to requirements for or wading pools. A dry pools. A dry creek bed accessibility creek bed or rain or rain garden that fills contained in Sections garden that fills with with standing water to 240 and 1008 of TAS. standing water to provide flood At least one of each provide flood miti‐ mitigation would type of ground level gation would require a require a variance. Do play component variance. Do not use not use pebbles less must be on an

pebbles less than 1.25 than 1.25 inches in accessible route and inches in diameter in diameter in area used these components

area used by infants or by infants or toddlers. must be spread toddlers. Pebbles must Pebbles must be “free throughout the play be “free from sharp or from sharp or rough area. A more rough edges.” And edges.” And “poisonous complex rule applies “poisonous or poten‐ or potentially harmful to elevated tially harmful plants plants must be components. Note must be inaccessible inaccessible to requirements for to all children.” children.” accessible routes differ from other (§746.2401(6), (§747.2301(5), landscapes. §746.2501(5), §747.2401(4), §746.3701 (5‐6, 8), §747.3501 (5‐6, 8) §746.5017) §747.4817)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 8 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Earth Play Settings Design/Management Design/Management Not applicable, Design Considerations Not specifically Considerations: Should Considerations: Should because feature does for childcare homes: mentioned. May be treated in the same be treated in the same not qualify as None Contribute to manner as sand play manner as sand play playground points awarded settings, which need settings, which need equipment for P‐OLE‐04: For childcare centers to be maintained in a to be maintained in a “Natural only: Qualify as a play “sanitary manner” and “sanitary manner” and outdoor component subject to require hand‐washing require hand‐washing environment requirements for when play is finished. when play is finished. supports social accessibility contained Buckets filled with Buckets filled with water emotional in Sections 240 and water must be must be inaccessible to development 1008 of TAS. At least inaccessible to children, though mixing including but one of each type of children, though earth and water is not limited to ground level play mixing earth and encouraged. . areas that invite component must be water is encouraged. . social on an accessible route Child Development gatherings, and these Child Development Mandates Addressed: tummy time, components must be Mandates Addressed: Earth play settings help dramatic play, spread throughout the Earth play settings meet requirements for group games, play area. A more help meet require‐ thinking skill and music and complex rule applies ments for thinking sensory development movement, and to elevated skills and sensory dev‐ for pre‐K and school‐age spaces for quiet components. elopment for pre‐K kids. and calm and school‐age kids. activities.” (§747.2507, §747.2607, (§746.2607, §747.3203(6‐7), May contribute §746.2707, §747.3213 (5), to points award‐ §746.3407(6‐7), §747.3501(8)) ed for P‐OLE‐02 §746.3417 (5), §746.3701 (8))

9 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Grass Mazes Design Considerations: Design Considerations: Not applicable, Design Considerations Contributes to and Tall Grass “Poisonous or “Poisonous or because feature does for childcare homes: points awarded Areas potentially harmful potentially harmful not qualify as None for P‐OLE‐02. plants must be plants must be playground inaccessible to all inaccessible to equipment Design For childcare centers children;” Standards children;” Standards Considerations: only: Qualify as play require supervision of require supervision of Plants must be component subject to children at all times, children at all times, but non‐toxic. requirements for but do not require do not require visual accessibility contained visual awareness at all awareness at all times. in Sections 240 and times. Required is They require 1008 of TAS. At least “appropriate visual “appropriate visual one of each type of and/or auditory and/or auditory ground level play awareness, physical awareness, physical component must be proximity, and proximity, and on an accessible route knowledge of activity knowledge of activity and these compo‐ requirements and requirements and nents must be spread each child’s needs” each child’s needs” (See throughout the play (See Appendix 3). Appendix 3). area. A more complex

rule applies to (§746.3701 (6), (§747.3501 (6), elevated components. §746.1501, §746.1503) §747.1501, §747.1503)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 10 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Groves of Design considerations: Design considerations: Generally not Design considerations Contributes to Small Trees or Although shade is not Plants must be non‐toxic applicable, because for both childcare points awarded Large Shrubs required, it is and located outside use feature does not centers and homes: for P‐OLE‐02; recommended: zones for active play qualify as playground Vertical clearance of “shaded areas should equipment. equipment 80 inches must be May contribute be provided by means provided wherever to points of open space and tree (§747.3501 (6), Design considerations: trees overhang awarded for plantings or other §747.4601 to Note that trees may accessible routes (See P‐OLE‐04 if cover in outdoor §747.4615) be incorporated into 1008.2). designed to spaces.” Plants must elevated decks of promote be non‐toxic and playground For childcare centers gathering located outside use equipment to create a only: The area under a zones for active play composite play grove needs to be Design equipment. structure, much like accessible only if it is Consideration: posts holding up intended for use as a Plants must be (guidance on shade sails and roofs, gathering space to non‐toxic. §746.4301, §746.3701 if trunk is free from score Texas Rising Star (6), §746.4801 to protrusions, points. In that case it §746.4815) entanglements, and would be a play there are no limbs component subject to within 84 inches of requirements in the use zone, each Sections 240 and designated play 1008. surface (larger than 2” x 2”), and the pivot point of any adjacent swings. (See ASTM 1487‐07ae1, especially section 9.8.4.1)

11 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Loose Parts Design/Management Considerations: Plants Not applicable, Design Considerations May contribute Play Areas supplying loose parts must be non‐toxic; loose because feature does for childcare homes: to points (Manipulatives) parts must be “free from sharp or rough edges” not qualify as play‐ None awarded for and toxic paint; and avoid choking hazards (parts ground equipment. P‐OLE‐01 if they Portable toys and smaller than a 1.25 inch diameter sphere) if infants Texas Code requires For childcare centers reinforce indoor equipment or toddlers use area. use of ASTM F1487‐ only: If specially learning. (examples: sand 07ae1 for “playground designated areas are and earth play The owner, director, or their designee must equipment,” and that provided for loose May Contribute implements, inspect the active play space prior to use each day standard states: parts play, they would to points Tonka‐type to ensure there are no hazards present. Loose “Independent loose qualify as play awarded for wheeled vehicles, parts in the use zones of active play equipment items intended to be components subject P‐OLE‐02 if balls, pieces of would be considered hazards and should be manipulated by the to requirements for natural loose textile, buckets, promptly removed from these areas (See intended users are not accessibility contained parts are hollow blocks, §746.4751 for child‐care centers and §747.4407 covered in this in Sections 240 and provided. etc.). for child‐care homes). standard.” 1008 of TAS. At least one of each type of May Contribute Natural loose Child Development Mandates Addressed: (3.1.30.1) ground level play to points parts/construction Construction play with blocks or sand and component must be awarded for (examples: fallen water is explicitly encouraged to promote on an accessible route P‐OLE‐04 given leaves, pine “thinking skills and sensory development.” Play and these the social needles, smoothed with other natural loose parts may also help meet components must be interaction branches, straw this mandate. spread throughout typical of loose bales, rounded the play area, which parts/toy play. stones, seed (§746.2401, §746.2501, §746.2607, §746.2707, for portable toys and heads, flowers, §746.3701 (6), §746.3701 (5), §746.4751) loose parts is their Design tree cookies, small natural behavior. Consideration: timbers, roots, (§747.2301, §747.2401 §747.2507, §747.2607, Plant parts must corn stalks, etc). §746.3501 (6), §746.3501 (5), §747.4407) be non‐toxic.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 12 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Manufactured Design Considerations: Design Considerations: Design Considerations: Design Considerations May contribute Playground There are a variety of There are a variety of All playground for childcare homes: to points Equipment standards for “active standards for “active equipment purchased None awarded for P‐ play equipment” play equipment” or installed using OLE‐03, if it (including including equipment including equipment public funds must be For childcare centers “motivates equipment that is not allowed, that is not allowed, designed to meet only: Subject to children to be manufactured hazards that must be hazards that must be ASTM F1487ae1 and requirements for physically active from natural avoided, and use zones avoided, and use zones have surfacing in its accessibility contained and engage in materials). and surfacing required required. The Child‐Care use zone compliant in Sections 240 and active play such (See §746.4601‐ Home standard does not with ASTM 2223‐ 1008 of TAS. At least as balancing, §746.4913) require any surfacing 04e1, Playground one of each type of climbing, beneath play equipment that has ground level play crawling, Management: There equipment. If unitary horizontal bare metal component must be moving, are also daily and surfaces are provided, surfaces such as on an accessible route pushing/ pulling, monthly requirements they must meet platforms, steps, and and these riding, walking, for inspecting the standards for those slides (slides, etc.) components must be and running.” active play space and materials. (See must be shaded from spread throughout equipment, and §747.4401‐ §747.4711) direct sun. (See the play area. A more removing or repairing discussion complex rule applies hazards and defects Management: There are on incorporating trees to elevated identified (See also requirements for with playground components. Appendix 5, inspecting the active equipment on p. 12). §746.4751). play space and equipment, and removing or repairing hazards and defects identified (See Appendix 5, §747.4407).

13 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Stationary Design Considerations for standalone objects Design Considerations: Design Considerations Contributes to Natural Play and structures constructed of natural objects: “Play The code requires for childcare homes: points awarded Features materials and equipment must be safe and free ASTM F1487‐07ae1 None for P‐OLE‐02, from sharp or rough edges and toxic paints” compliance for which (standalone (§746.3701 (5); §747.3501 (5)). “playground For childcare centers encourages use logs, boulders, equipment.” That only: Qualifies as a of “Smooth and stumps vs. Additional design considerations for standalone standard defines play component rocks, wood or equipment objects: Individual standalone objects—logs, “public playground subject to logs;” constructed of boulders, and stumps sitting on or partially equipment as a “play requirements for natural submerged within the ground—do not require structure for use in accessibility and Contributes to materials) use zones, an area six feet to all sides of the play areas of [various accessible route points for P‐OLE‐ features that is “free of obstacles that a child could different public design laid out in 04. Boulders and run into or fall on top of and be injured” (See facilities]” and defines Sections 240 and 1008 tree stumps are discussion in appendix 2). Consideration must be play structure as a of TAS. At least one of features taken to avoid locating these features within the “free standing each type of ground associated with use zones of stationary equipment. structure with one or level play component social emotional more components and must be on an development; Additional design considerations for structures their supporting accessible route and constructed of natural objects: When natural fea‐ members.” Under this these components Certain natural tures are combined together to create free stand‐ definition, individual must be spread features may ing structures for active play, they qualify as “sta‐ logs, boulders, and throughout the play help earn points tionary equipment,” which does require a use stumps would not area. A more complex for P‐OLE‐03, as zone, an area 6 feet to all sides of the features that qualify as playground rule applies to well, by is “free of obstacles that a child could run into or equipment unless elevated components. encouraging fall on top of and be injured” (See §746.4801, they were part of a “active play such §747.4601, extended discussion in Appendix 2). structure intended for as balancing, Structures made of natural materials would also be play and would not be climbing, subject to other restrictions requiring active play (Continues on p. 15) crawling.” equipment to be anchored (Continues on p. 15)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 14 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Stationary in place, to be free of protrusions and openings subject to the (See p. 14) (See p. 14) Natural Play that could be entrapment hazards, etc. (See standard. Features §746.4601 and §747.4401 and review the U.S. Consumer Product Safety Commission’s discussion ASTM F1487‐07ae1 (Continued of entrapment, pages 46‐57, at also specifically from p. 14) https://www.cpsc.gov/s3fs‐public/325.pdf). excludes from its scope features not Whether surfacing is required for structures with‐ intended for play that in their use zone would depend on the type of play are outside of the use they are meant to facilitate and the type of facility. zone of play There are currently no requirements to provide equipment: “Products safety surfacing at childcare homes. At childcare or materials (site centers, “there must be loose‐fill surfacing furnishings) that are material or unitary surfacing material in the use installed outside the zones (area around and under equipment where equipment use zone, resilient surfacing is needed to prevent serious such as benches, injury from occurring as result of a fall) for all tables, and borders, climbing, rocking, rotating, bouncing, or moving used to contain equipment, slides, and swings.” (§746.4901). Note protective surfacing, that balancing equipment and equipment for dra‐ are not considered matic play does not require surfacing under this playground equip‐ standard. Surfacing materials used must meet the ment” (Section 1.4). standards laid out in §746.4901‐ §746.4913 for childcare centers and §747.4707‐ §747.4711 for Play structures made childcare homes. of natural materials would need to meet Management: There are requirements for ASTM F1487‐07ae1 inspecting the active play space and equipment, and have surfacing in and promptly removing or repairing hazards their use zones identified (See Appendix 5, §746.4751 for child‐ compliant with ASTM care centers and §747.4407 for child‐care homes). 2223‐04e1.

15 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Mounds Design considerations: Design considerations: Generally not Design Considerations Contributes to and Sloping Should be designed to Should be designed to applicable, because for childcare homes: points awarded Topography avoid blocking views avoid blocking views feature does not None for P‐OLE‐02; to active play equip‐ to active play equip‐ qualify as playground ment (like climbers) ment (like climbers) equipment. For childcare centers May Contribute from likely supervision from likely supervision only: Not every to points points. “The indoor points. “The indoor Design considerations: mound or sloping awarded for and outdoor active and outdoor active Nothing prohibits topography would be P‐OLE‐03 if play equipment must play equipment must be mounding/sloping a play component per designed to be arranged so that arranged so that topography from the TAS standards. promote rolling caregivers can caregivers can being incorporated Intention is key here. adequately supervise adequately supervise into the use zone of If a mound is treated children at all times.” children at all times.” playground as a play component, Standards only require Standards only require equipment purchased and used to get “appropriate visual “appropriate visual with public funds if credit as an active and/or auditory and/or auditory surface meets play environment, it awareness,” and the awareness,” and the surfacing qualifies as a play level of supervision level of supervision requirements of ASTM component subject to needed is related to needed is related to F2223‐04ae1. requirements for the level of risk (See the level of risk (See accessible route and Appendix 3). Appendix 3). accessibility contain‐ ed in Sections 240 (§746.4601, (§747.4401, and 1008 of TAS. §746.1503) §747.1503)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 16 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Multipurpose Design Considerations: Design Considerations: Not applicable, Design Contributes to Lawns None None because feature does Considerations: “Lawn points awarded not qualify as seating areas and for P‐OLE‐02 and playground exterior overflow P‐OLE‐05 (in equipment. seating areas, where centers that fixed seats are not serve infants). provided, shall connect to an accessible route.” (221.5)

17 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Primary Pathway Design Considerations: Design Considerations: Not applicable, Design considerations Contributes to None None because feature does for both childcare points awarded (with Loops and not qualify as centers and homes: for P‐OLE‐02 Curves for Child Development Child Development playground Both must have an Texas Rising Star Wheeled Toy Use). Mandates Addressed: Mandates Addressed: equipment. accessible route awards points Facilities must develop Facilities must develop serving the space. The for having an

written activity plans written activity plans path used by wheeled “outdoor that include “outdoor that include “outdoor toys may serve (or environment” play in which the play in which the help serve) this that motivates children make use of children make use of purpose if it meets the “active play such both small and large both small and large requirements as… riding.” muscles, both in the muscles, both in the contained in Sections morning and morning and 206.2.17, 240, and afternoon.” Examples afternoon.” Examples of 1008. Five feet is the of large‐muscle large‐muscle minimum clear width development for development for for an accessible route preschool children preschool children in play areas with an identified in the identified in the area of 1000 feet or standards include: standards include: small more (1008.2.4). small wagons, small wagons, small Forty‐four inches is wheelbarrows, tri‐ wheelbarrows, tri‐ required in smaller

cycles, and push toys. cycles, and push toys. areas. Other requirements relate to

(§746.2507 §746.2607, (§747.2407, §747.2507, slope, length of ramp, §746.2205) §747.2103) etc.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 18 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Sand Play Areas Design /Management Design /Management Not applicable, Design Considerations Contributes to Considerations: Need Considerations: Need to because feature does for childcare homes: points awarded to be maintained in a be maintained in a not qualify as None for P‐OLE‐04, as “sanitary manner” and “sanitary manner” and playground they support require hand‐washing require hand‐washing equipment. For childcare centers “social when play is finished. when play is finished. only: Qualifies as a emotional Buckets filled with Buckets filled with water play component development.” water cannot be cannot be accessible to subject to accessible to children children as part of sand requirements for as part of sand play play area, though mixing accessibility contained area, though mixing sand and water is in Sections 240 and sand and water is encouraged. 1008 of TAS. At least encouraged. one of each type of Child Development ground level play Child Development Mandates Addressed: component must be Mandates Addressed: They help meet on an accessible route They help meet requirements for and these requirements for thinking skill and components must be thinking skills and sensory development spread throughout sensory development for pre‐K and school‐age the play area. A more for pre‐K and school‐ children. complex rule applies age children. to elevated (§747.3203 (7), components. (§746.3407 (7), §747.3213 (5), §746.3417 (5), §747.2507, §747.2607, §746.2607, §746.2707, §747.3501) §746.3701)

19 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Vegetable and Design /Management Design /Management Not applicable, Design Contributes to Fruit Gardens Considerations: Considerations: because feature does Considerations: If a points awarded Poisonous or Poisonous or potentially not qualify as fruit and vegetable for P‐OLE‐02 potentially harmful harmful plants must be playground garden is intended as plants must be inaccessible to children. equipment. a setting where Design inaccessible to When serving food children learn about Considerations:

children. When serving grown on site, care growing and caring for Plants must be food grown on site, taken is similar to other fruit and vegetables, it non‐toxic care taken is similar to food preparation. would need to be on other food Handwashing sinks an accessible route; preparation. Centers should not be used for however, not every must have written preparing food. part of the garden operational policies would be required to regarding meal and (§746.3501 (6), be accessible (See food service practices, §747.3117, §747.2319 Advisory 201.3; which might be (7)) 206.2.4) expanded with policies for handling garden vegetables. Handwashing sinks should not be used for preparing food.

(§746.3701 (6), §746.3317, §746.2419 (8), §746.501 (8))

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 20 OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Water Play: Design/Management Considerations: Water play Not applicable, Design May contribute “Hands‐In” tables can be designed to comply with standards. because feature does Considerations: Play points to Features Otherwise, according to the standard: “All bodies not qualify as components with P‐OLE‐02. of water such as pools, hot tubs, ponds, creeks, playground which children (water tables birdbaths, fountains, buckets, and rain barrels equipment. interact are subject to May contribute and other water must be inaccessible to all children.” Features such requirements for points to play where hands as birdbaths must be physically inaccessible to accessibility contained P‐OLE‐05 aimed get wet but body children, but may be visually accessible. in Sections 240 and at encouraging doesn’t get 1008 of TAS if located connection to soaked.) Standards require water play tables and materials in childcare centers nature and used with them to be “free from sharp or rough but not if located in sensory edges and toxic paints.” They also require: childcare homes. At experiences for “Emptying water play tables and toys used in least one of each type infants. water tables daily, sanitizing, and ensuring children of ground level play and caregivers wash their hands before using the component must be water table.” on an accessible route

and these (§746.3701 (5, 8), §746.3407 (6), §746.3417) components must be

spread throughout the (§747.3501(5, 8), §747.3203(6), §747.3213(2)) play area. A more

complex rule applies

to elevated

components. Note

requirements for

accessible routes

differ from other

landscapes.

21 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities OLE Settings Minimum Standards Minimum Standards Texas Health and Texas Accessibility Texas Rising for Child‐Care Centers for Child‐Care Homes Safety Code Section Standards Star Guidelines (2017) (2017) 756.061 (2012) (2017)

Water Play: Design /Management Design/Management Not applicable, Design Considerations Not discussed in Sprinklers and Considerations: Unlike Considerations: Unlike because feature does for childcare homes: guidelines. Spraying Features wading pools and wading pools and not qualify as None that Do Not Pool swimming pools, swimming pools, playground Water. additional caregivers additional caregivers are equipment. For childcare centers are not required for not required for only: Sprinklers may sprinkler play. sprinkler play. However, either be fixed or However, a caregiver a caregiver must not mobile and likely to must not leave leave children alone be stowed when not children alone with a with a sprinkler. “You in use. A fixed sprinkler. “You must must not allow sprinkler sprinkler installation ensure that no child equipment to be used would likely be uses sprinkler equip‐ by children on or near a regarded as a play ment on or near a hard, slippery surface, component subject to hard, slippery surface, such as a driveway, requirements for such as a driveway, sidewalk, or patio. You accessibility contained sidewalk, or patio. You must store sprinkler in Sections 206.2.17, must store sprinkler equipment and water 240, and 1008. equipment and water hoses so that they do hoses out of children’s not present a hazard to reach when not in children.” Obtain use.” Obtain per‐ permission for children mission for children to to participate in water participate in water activities present prior activities present prior to admission. to admission. (§747.2017, (§746.2117, §747.4815, §746.5015, §747.605(10)) §746.605(10))

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 22 Appendix 1

Special thanks to the following Jeff Lindstrom, Associate, TBG Partners *Jeannie Young, Program Specialist, individuals for participating in interviews Childcare Licensing, Texas Health and Cindy Loeffler, Water Resources Branch related to this report. Human Services Commission Chief, Texas Parks and Wildlife *John Hart Asher, Environmental Department Those individuals marked with an asterisk (*) also reviewed an early draft of the Designer, Lady Bird Johnson Wildflower Laura Olson, Program Coordinator, Family report. Additionally, thanks to the Center, University of Texas at Austin Support Services, Go Austin! Vamos Austin!, and Early Childhood Manager, following individuals who reviewed an *Paula Barton, Site Director, University of early draft. Texas Child Development Center, San United Way for Greater Austin Early Childhood Program, United Way for Jacinto Phil Warner, Manager, Workforce Greater Austin Technical Assistance and Childcare, Texas Diana Foss, Urban Wildlife Biologist and Workforce Commission Natural Resources Specialist, Texas Parks Rhonda Rakow, Provider Services Manager, Child Care Assistance, and Wildlife Department Karen Killian, Program Specialist, Texas ChildCareGroup Workforce Commission Josetta Hawthorne, Executive Director, *Linda Simmons, Nutrition Specialist, Council for Environmental Education Child and Adult Care Food Program *Nancy Herron, Outreach and Education (CACFP), Texas Department of Agriculture Director, Texas Parks and Wildlife Jason Sowell, Associate Professor and Department Director of Graduate Program in

Charles Klein, Associate Professor of Landscape Architecture, University of Landscape Architecture, Texas Tech Texas at Austin, School of Architecture University John Sutton, Director of Municipal Water Conservation, Texas Water Development Board

23 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 24

Appendix 2

Discussion: When do stationary natural Product Safety Commission (CPSC)’s part of a structure intended for play. features qualify as “stationary Handbook for Public Playground Safety. However, if natural looking materials were equipment” or “active play equipment” ASTM F1487‐07ae1, which is required for combined to create a play structure, it that is subject to more extensive all playground equipment purchased with would qualify as stationary equipment and standards? public funds in Texas, defines “stationary it would require a use zone. Whether the equipment” as “any play structure which equipment is manufactured by a company Some natural play features will require a has a fixed base and does not move” and or handmade by volunteers is immaterial use zone, an area 6 feet to all sides of the defines play structure as a “free standing when making this designation. features that is “free of obstacles that a structure with one or more components child could run into or fall on top of and be and their supporting members” (See Both the Minimum Standards for Child‐ injured” (§746.4801, §747.4601). The sections 3.1.23 and 3.1.41). This definition care Centers and the Minimum Standards Minimum Standards for Child‐care Centers clearly limits the definition of stationary for Child‐care Homes also include a variety and Minimum Standards for Child‐Care equipment to freestanding structures that of requirements for “active play Homes both state: “The use zone for are not movable. Similarly, the CPSC equipment.” As with stationary stationary equipment, excluding slides and handbook, which is listed in the Minimum equipment, the standards do not include a soft contained play equipment, must Standards for Child‐care Centers and definition of active play equipment or extend a minimum of six feet in all Minimum Standards for Child‐care Homes even play equipment. However, once directions from the perimeter of the as a resource, defines “stationary play again, the term “play equipment” has a equipment. Use zones for stationary equipment,” as “any play structure that very specific technical meaning. ASTM equipment must not overlap other use has a fixed base and does not move” (CCL, F2373‐11, a standard for “Public Use Play zones” (§746.4803, §747.4603). What 2017, p. vi; CPSC, 2010, p. 4). An earlier Equipment for Children 6 Months through qualifies as stationary equipment under version of the CPSC handbook from 1997, 23 Months” defines public use play this standard? Why doesn’t every log, when describing how to determine the use equipment as “play structure that is boulder, and stump relocated to the site zone of “stationary equipment” referred intended for use in play areas of schools, as a play feature require a use zone? to “the designated play surfaces of each parks, early care and education facilities,” structure” (CPSC, 1997, p. 6). and a variety of other “areas of public use” Texas’ minimum standards for childcare (Section 3.1.39). CPSC uses play facilities draw on technical definitions Under these definitions, individual logs, equipment and playground equipment found in other sources, including various boulders, and stumps, would not qualify as interchangeably in its handbook. Its ASTM Standards and the Consumer stationary equipment unless they were definition of “‘public’ playground

25 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities

equipment” as “equipment for use by children age 6 months through 12 years in the playground areas of: commercial (non‐ residential) child care facilities…” is not particularly useful since the terms equipment and playground are not defined (CPSC, 2010, p. 1). ASTM F1487‐ 07ae1, which CPSC references, clearly defines public use playground equipment as a “play structure for use in play areas…” (Section 3.1.30) Once again, whether the stationary play features qualify as equipment rests on whether or not they are freestanding structures located in an area designated for play.

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 26

Appendix 3

Discussion: What does licensing mean by For Child‐care centers (§746.1205): For Child‐care homes (§747.1503): “supervise children at all times”? “Supervising children at all times means “Supervising children at all times means that the assigned caregiver is accountable the primary caregiver or substitute In the minimum standards for both child‐ for each child’s care. This includes caregiver and assistant caregivers are care centers and child‐care homes, responsibility for the ongoing activity of accountable for each child’s care. This caregivers are generally required to each child, appropriate visual and/or includes responsibility for the ongoing “supervise children at all times.” We have auditory awareness, physical proximity, activity of each child, appropriate visual provided the minimum standards’ full and knowledge of activity requirements and/or auditory awareness, physical explanation of what they mean by and each child’s needs. The caregiver must proximity, and knowledge of activity supervision here. intervene when necessary to ensure requirements and each child’s needs. The children’s safety. In deciding how closely caregiver must intervene when necessary to supervise children, the caregiver must to ensure children’s safety. In deciding take into account: how closely to supervise children, the caregiver must take into account: (1) Ages of the children; (1) Ages of the children; (2) Individual differences and abilities; (2) Individual differences and abilities; (3) Indoor and outdoor layout of the child‐ care center; and (3) Layout of the home and play area; and

(4) Neighborhood circumstances, hazards, (4) Neighborhood circumstances, hazards,

and risks.” and risks.”

27 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Appendix 4

Licensing Requirements for Insect care center, including the use of over‐the‐ (5) Immediately dispose of dead insects Repellant and Pest Control counter products designed for controlling and rodents in a safe and sanitary insects, rodents, and other pests.” Child‐ manner.” (See: §747.3223, §747.3225). In the minimum standards for both child‐ care centers must also keep records of care centers and child‐care homes, there pest extermination. (See: §746.3427, are requirements related to both insect 746.801) repellants and pesticide application. While these management considerations are Pest Extermination at Child‐Care Homes. unlikely to affect design or planning of Child‐care homes are not required to hire outdoor learning environments, they are a licensed exterminator or keep records of noted here as a convenience. pest extermination, but are required to control pests. They must take the Insect Repellant/Sunscreen. Child‐care following general precautions when the Centers (but not Child‐Care Homes) must child‐care home or its yard are being have written operational policies that treated for pests: address “procedures for providing and applying, as needed, insect repellant and “(1) Ensure children are not present in an sunscreen, including what types will be area being treated with chemicals as used, if applicable.” (See: §746.501(18)). required by label directions;

Pest Extermination at Child‐Care Centers. (2) Apply over‐the‐counter products used For Child‐care Centers, “you may treat for insects, rodent, and pest control only your center for pests only if you are by following label directions; certified as a noncommercial applicator by (3) Minimize children’s exposure to the Texas Department of Agriculture. chemical residue that may be harmful to Otherwise, you must use a pest control them, including odors; operator licensed by the Department of Agriculture to prevent, control, or (4) Store all pest control products eliminate pest infestations at your child‐ according to label directions;

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 28

Appendix 5

Inspections and Maintenance of Active tear, broken or missing parts, debris or Play Space and Equipment foreign objects, drainage problems, or At Child‐Care Centers (§746.4751): other hazards. “What special maintenance procedures In the minimum standards for both child‐ must I follow for my active play space and care centers and child‐care homes, there (c) The child‐care center director or equipment? are requirements related to inspecting and designee must ensure hazards or defects maintaining active play spaces and identified during inspections are removed (a) You or someone you designate must equipment. While these management or repaired promptly, and must arrange inspect the indoor and outdoor active play considerations are unlikely to affect design for protection of the children or prohibit space and equipment daily before children or planning of outdoor learning use of hazardous equipment until the go out to play to ensure there are no environments, they are noted here as a hazards can be removed or repairs can be hazards present. convenience. made. (b) You must ensure hazards or defects At Child‐Care Centers (§746.4751): (d) You must keep maintenance identified during the daily inspections are “What special maintenance procedures inspections and repair records at the child‐ repaired promptly, and must arrange for must I follow for my active play space and care center for review during the center’s protection of the children, or you must equipment? hours of operation for at least the prohibit use of the hazardous equipment, previous three months. until repairs can be made. Studies have (a) The child‐care center director or linked inadequate maintenance of outdoor designee must inspect the active play [Advisory]: Studies have linked inadequate equipment to injuries on playgrounds. space and equipment daily before children maintenance of equipment to injuries on begin play to ensure there are no hazards playgrounds. Consider the age and type of [Advisory]: Consider the age and type of present. equipment, climate, number of children equipment, climate, number of children and how they use the equipment, and and how they use the equipment, and (b) The child‐care center director or number and type of persons outside the number and type of persons outside designee must conduct at least monthly child‐care operation who access the operating hours who access the inspections of the active play space and equipment.” equipment.” equipment, utilizing a general maintenance checklist or safety checklist that includes checking the equipment and surfacing material for normal wear and

29 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities Resources

State Regulations for (2007): http://compass.astm.org/ https://naturalearning.org/ Childcare Facilities in Texas Standards/HISTORICAL/F2223‐04E1.htm Minimum Standards for Child‐Care Texas Health and Safety Code Sec. Nature Play and Learning Places: Creating Centers (2017): 756.061: http://www.statutes.legis. and Managing Places where Children http://www.dfps.state.tx.us/Child_Care/d state.tx.us/Docs/HS/htm/HS.756.htm Engage with Nature by Robin C. Moore ocuments/Standards_and_Regulations/74 with Allen Cooper (2014): 6_Centers.pdf Texas Rising Star Child Care Provider https://design.ncsu.edu/natureplay/wp‐ Certification Guidelines (2017): content/uploads/2015/10/Nature‐Play‐ Minimum Standards for Child‐Care https://texasrisingstar.org/about‐trs/trs‐ Learning‐Places_v1.6_Sept_2015f.pdf Homes (2017): guidelines/ (Also see: TRS Classroom http://www.dfps.state.tx.us/Child_Care/d Assessment Record Forms for different age Creating Habitat Areas ocuments/Standards_and_Regulations/74 groups at https://texasrisingstar.org/twc‐ Creating a School Habitat: A Planning 7_Homes.pdf staff/). Guide for Habitat Enhancement on School Grounds in Texas: Texas Accessibility Standards (2012): Grants for Childcare OLEs shttp://tpwd.texas.gov/publications/pwdp https://www.license.state.tx.us/ab/2012T Healthier CACFP Recognition ubs/media/pwd_bk_w7000_0309.pdf AS/2012tascomplete.pdf Award/Establishing 3E’s Nutrition Grant Program (Education, Exercise, Eating Right Texas Wildscapes Certification: Voluntary Guidelines Tied to Public E3E Grant): http://www.squaremeals.org/ http://tpwd.texas.gov/huntwild/wild/wildl Funding for Childcare Facilities in Texas FandNResources/HealthierCACFP.aspx ife_diversity/wildscapes/ ASTM F1487‐07ae1: Standard Consumer Safety Performance Specification for Contact your local water authority to learn Invasive Plants in Texas Playground Equipment for Public Use if grants are available for converting water Texas Invasives‐ Invasive Plant Database: (2007): http://www.astm.org/ intensive turf areas into low‐water plant‐ http://texasinvasives.org/plant_database DATABASE.CART/HISTORICAL/F1487‐ ings, creating rain gardens, or implement‐ 07AE1.htm ing other water conserving measures. Non‐Toxic Plants that Encourage Play Plants for Play: A Plant Selection Guide for ASTM F2223 ‐ 04e1 Standard Guide for Best Practices for Creating OLEs Children’s Outdoor Environments by Robin ASTM Standards on Playground Surfacing Natural Learning Initiative: C. Moore (2002) (book)

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 30

Plants for Rain Gardens Playground Equipment for Public Use [Summary of Health and Wellness Texas Rain Garden Plant List (2009): (2011): http://dx.doi.org/10.1520/F1487‐ Benefits http://rainwaterharvesting.tamu.edu/files 11. Associated with Access to Nature /2011/05/Rain‐Garden‐Plant‐List‐11‐02‐ American Public Health Association Policy 09.pdf ASTM F2223‐15: Standard Guide for ASTM Statement: Improving Health and Wellness Standards on Playground Surfacing (2015): Through Access to Nature: Managing Risks Related to Natural http://dx.doi.org/10.1520/F2223‐15. https://www.apha.org/policies‐and‐ and Naturalistic Features in OLEs advocacy/public‐health‐policy‐ Chapter 6 of Nature Play and Learning ASTM F2373‐11: Standard Consumer statements/policy‐database/2014/07/ Places: Creating and Managing Places Safety Performance Specification for Public 08/09/18/improving‐health‐and‐wellness‐ where Children Engage with Nature by Use Play Equipment for Children 6 Months through‐access‐to‐nature Robin C. Moore with Allen Cooper (2014): through 23 Months (2011): https://design.ncsu.edu/natureplay/wp‐ http://dx.doi.org/10.1520/F2373‐11 Sustainable Landscape Design content/uploads/2015/10/Nature‐Play‐ Sustainable Sites Initiative Learning‐Places_v1.6_Sept_2015f.pdf U.S. Consumer Product Safety http://www.sustainablesites.org/projects Commission’s Public Playground Safety Firewise Landscaping in Texas (2012): Handbook (2010): Texas A&M AgriLife Extension, http://texasforestservice.tamu.edu/uploa https://www.cpsc.gov/PageFiles/122149/ Earth‐Kind Landscaping Resources dedFiles/TFSMain/Preparing_for_Wildfires 325.pdf http://aggie‐horticulture.tamu.edu/ /Prepare_Your_Home_for_Wildfires/Cont earthkind/publications/#water act_Us/EDITED%202012firelandscape(1).p U.S. Consumer Product Safety df Commission’s Handbook for Public U.S. Environmental Protection Agency Playground Safety (1997). (Historical Resources on Low Impact Development Managing Risk Related reference only): https://www.epa.gov/polluted‐runoff‐ to Playground Equipment http://www.michigan.gov/documents/dhs nonpoint‐source‐pollution/urban‐runoff‐ ASTM F1487‐11: Standard Consumer /Handbook_for_Public_Safety_CPSC_PUB‐ low‐impact‐development Safety Performance Specification for 325_241534_7.pdf

31 • OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities

OLE! Texas • The Regulatory Framework for Outdoor Learning Environments at Texas Childcare Facilities • 32