Mich. Admin. Code R. 400.8125 - Outdoor play area

Rule 125.

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

(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.

(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.

(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:

(a) The area must be easily accessible by a safe walking route.

(b) The play area must be inspected before each use to ensure that no hazards are present.

(c) The location of the alternative outdoor play area must be specified in writing to the department.

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

(6) The outdoor play area must be in a safe location.

(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.

(8) Children shall only use age-appropriate equipment.

(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.

(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:

(a) 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 at https://www.cpsc.gov/safety-education/safety-guides/playgrounds/public-playground-safety-handbook, 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.

(b) 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 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 at https://files.eric.ed.gov/fulltext/ED427507.pdf, 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.

(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.

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

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

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

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

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

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

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

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

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

(21) Small capacity centers shall abide by all of the following:

(a) Provide a clean, safe, and hazard-free outdoor play area on the premises or within a reasonable walking distance of the center.

(b) Inspect the outdoor play areas daily before use to ensure that no hazards are present.

(c) The play area size must be not less than 600 square feet.

(d) Provide an adequate and varied supply of outdoor play equipment, materials, and furniture that meets all of the following requirements:

(i) Appropriate to the developmental needs and interests of children.

(ii) Appropriate to the number of children.

(iii) Safe and in good repair.

(e) The outdoor play area and equipment must be organized to meet all of the following requirements:

(i) To separate active and quiet activities.

(ii) For a clear and unobstructed view of the whole play area.

(iii) To ensure that there are safe distances between equipment.

(f) 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:

(i) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

(ii) Be safe, in good repair, and age appropriate.

(iii) Be placed not less than 6 feet from the perimeter of other play structures or obstacles.

(g) 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.

Notes

Mich. Admin. Code R. 400.8125

2013 AACS; 2019 AACS; 2025 MR 10, Eff. 5/7/2025