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Outdoor learning environment and play space: Child care centers

Intro

The updated requirements on this page will take effect July 1, 2027. Providers should continue to follow existing regulations until that time.

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Beginning July 1, 2027, child care centers will have updated requirements for outdoor play equipment, fall zones, and the use of natural features.

See the chart below for a side-by-side comparison of the current requirements (MN Rules 9503.0155, subpart 7) and the revised requirements.

Topic  

Current requirement

 

Revised standards

Outdoor space availableRequired for all programs except night care, drop-in care, sick care, or programs operating fewer than three hours a day.No change.
SizeMinimum 1,500 square feet, 75 square feet per child.No change.
Where outdoor space may be locatedWithin 2,000 feet of the center for children under school age unless transportation is provided; no farther than one half-mile from the center.No change.
 Enclosure requirementMust be enclosed if adjacent to hazards (including traffic, railroad tracks, water or machinery) unless the space is a public park or playground.No change.
Equipment requirement

For toddlers, preschoolers and school-age children, three pieces of durable, outdoor, large muscle equipment per group.

 

The license holder must provide sufficient outdoor play equipment and materials so that every child can choose from at least one activity when all children are outdoors.

The quantity of outdoor equipment and materials provided must be based on the maximum licensed capacity.

HazardsThe area must be free of litter, rubbish, toxic materials, water hazards, machinery, animal waste, and sewage contaminants.

The statute removes litter and rubbish and adds   broken glass, unlocked vehicles, and feces as example hazards:

“The play area must be free of potential hazards, including but not limited to broken glass, toxic materials, machinery, unlocked vehicles, feces, and sewage contaminants.”

Fall zoneThe area must be free of hazardous objects, as specified in MN Rules 9503.0140, subpart 17.

A fall zone is required around the equipment.

An energy-absorbing surface is required under climbing equipment, swings, and slides.

An energy-absorbing surface can be loose sand, pea gravel, or mulch at least nine inches deep; any material that meets ASTM F1292 specifications; or shredded rubber and poured energy-absorbing surfacing installed to manufacturer’s specifications based on the height of the equipment.

Natural featuresNot specifiedNatural features used for outdoor play are not subject to the requirements for fall zones around climbing equipment, swings, and slides. When a child uses natural features for outdoor play, a program staff person must remove hazardous objects and mitigate hazards whenever possible from the surrounding area where children might fall. Natural features used for outdoor play must be appropriate to the age and size of children, in safe condition, and used under the supervision of a program staff person.

You can read the updated standards related to outdoor learning environment and play space on the state Revisor’s website. Later this year, the revised statute will be codified as MN Statutes, section 142H.34, subdivision 7.