(1) There shall be an outdoor activity area that children can reach safely. If the outdoor activity area is not under the control of the provider during the hours of operation of the home, written approval to use the area by OCC is required.(2) A home shall have an outdoor play area of no less than 75 square feet for each child using the area at one time.(3) The outside activity area shall be:(a) Suitably surfaced and well drained. Playground equipment, such as slides, swings, climbing structures and other elevated equipment, shall be surrounded by a resilient surface of an acceptable depth or by rubber mats manufactured for such use, according to standards of the US Consumer Product Safety Commission;(b) Kept free of litter, solid waste and refuse, ditches, or other conditions presenting a potential hazard; and(c) Equipped to provide age-appropriate activities for gross motor development.(4) The outdoor activity area of the home designated for use by child care children shall be enclosed by a barrier (fence, wall, or building) at least four feet high. Certified family child care homes with certification in effect on September 15, 2002, must comply with a barrier at least three feet high until such time as the existing barrier is replaced. Spacing between vertical slats of a fence shall be no greater than 4 inches. Fences must meet applicable local codes.(5) The provider shall be aware of and protect children from any toxic or other harmful plants, shrubs, or trees.(6) The use of swimming pools shall comply with OAR 414-350-0380 (Swimming Activities). As specified in 414-350-0380 (Swimming Activities)(2)(h), portable-style wading pools are not permitted.