Or. Admin. Code § 414-320-0800 - [Effective 7/1/2025] ONB Program Capacity
(1) A certified ONB
program may only care for children in areas approved by DELC.
(2) A certified ONB program's licensed
capacity is based on the licensed outdoor classroom space within the natural
space licensed for use by children.
(a) There
must be a minimum of 4,000 square feet of natural space per child to support a
nature-based curriculum, unless otherwise approved by DELC.
(b) An outdoor classroom area must have a
minimum of 75 square feet of space in that area per child, not including
bathroom or diaper changing spaces or ground space occupied by shelves, sheds,
or other equipment not intended to be accessible to children.
(3) For purposes of determining
capacity, DELC will consider the factors and requirements described in this
subsection.
(a) Unless otherwise approved by
DELC, the licensed space of another certified ONB program or educational
program that regularly operates at the same time will not be considered in the
licensed space calculations for the area that is being licensed;
(c) The facilities on the premises, such as
emergency shelters and toilets, must be sufficient to support the health,
safety, and biological needs of all enrolled children;
(d) The age range of children requested or
approved by DELC to attend the certified ONB program;
(e) If an indoor space will be used to meet
the children's biological needs, those spaces:
(A) Must be inspected and approved by the
appropriate fire code official and environmental health specialist;
and
(B) May be used to provide
children with transitional activities while the biological needs of other
children are met in order to meet supervision requirements and keep children
together.
(4) A
certified ONB program must have DELC approval prior to using any new outdoor
classroom space or natural space to care for children.
(5) A certified ONB program must not exceed
its licensed capacity at any time, including the total number of children in
care both at and away from the ONB program.
(6) The following spaces or areas must not be
included in the capacity determination:
(a)
Unlicensed space;
(b) Emergency
shelter space that will only be used in case of emergency;
(c) Toileting facilities;
(d) Restricted land; and
(e) Roadways through parks.
Notes
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.280
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