Colorado § 26.5-5-331 - Outdoor nature-based preschool programs - child care centers - rules - definition.

§ 26.5-5-331. Outdoor nature-based preschool programs - child care centers - rules - definition.

(1) No later than December 31, 2025, the executive director shall promulgate rules for child care centers that operate as outdoor nature-based preschool programs. Rules promulgated pursuant to this section must include, but are not limited to:

(a) Land-use agreement requirements for outdoor programs operating on public or private land;

(b) Policies for site-specific alternative shelter plans. An alternative shelter may include, but need not be limited to, a covered pavilion, building, tarp, or vehicle. For emergency circumstances, outdoor programs are not required to seek alternative shelter in licensed child care center buildings.

(c) Policies for site-specific risk mitigation plans;

(d) Policies for site-specific emergency and disaster preparedness plans;

(e) Policies for site-specific evacuation plans; and

(f) Policies and procedures for outdoor programs to opt out of certain department requirements through the site-specific risk mitigation plan described in subsection (1)(c) of this section. The policies and procedures must include guidance on the departmental evaluation and approval of the site-specific risk mitigation plan based on the geographic location of the outdoor program, the ages of the children participating, and the ability of the outdoor program to demonstrate adequate safety measures to protect children.

(2) (a) The department shall provide training to licensing staff who oversee site inspections for outdoor programs. The training must include information on how to:

(I) Interpret site-specific plans;

(II) Conduct inspections of site-specific outdoor programs;

(III) Communicate with local fire departments that inspect outdoor programs; and

(IV) Communicate with the department of public health and environment staff who inspect outdoor programs.

(b) Beginning December 1, 2026, the department shall provide training to outdoor program operators and staff on how to implement and operate outdoor programs in Colorado. The department shall collaborate with existing outdoor programs to create and implement the training using a benefit-risk assessment.

(3) The department shall collaborate with:

(a) Local fire departments on fire prevention and protection requirements for outdoor programs; and

(b) The department of public health and environment on sanitary standards for outdoor programs.

(4) For the 2024-25 fiscal year, and each fiscal year thereafter through the 2026-27 fiscal year, the general assembly shall appropriate thirty thousand dollars from the child care licensing cash fund created in section 26.5-5-311 (4) to the department to implement the outdoor programs.

(5) As used in this section, unless the context otherwise requires, "benefit-risk assessment" means a process to identify hazards and risks for play elements in outdoor nature-based preschool programs and the creation of a plan to mitigate a child's risk of injury while maintaining developmental benefits for children.

Source: L. 2024: Entire section added, (SB 24-078), ch. 441, p. 3085, § 3, effective August 7.

Cross references: For the legislative declaration in SB 24-078, see section 1 of chapter 441, Session Laws of Colorado 2024.