(a) Yes. Children must not use the following types
of equipment at or away from the operation:
(1) Heavy swings made of metal or that have metal components,
such as animal figure swings;
(2) Equipment that allows children to fall inside the
structure and onto other parts of the structure, such as certain styles
of monkey bars or jungle gyms;
(3) Trampolines, except those less than four feet in
diameter that are no higher than 12 inches above a properly installed
and maintained resilient surface;
(4) Swinging exercise rings and trapeze bars on long
chains or swinging rope;
(5) Multiple occupancy swings, such as teeter-totters,
gliders, or chair swings (other than tire swings); or
(6) Swinging gates and giant strides.
(b) Equipment that is fundamental to the core development
of a skill, talent, ability, expertise, or proficiency, such as trampolines
and exercise rings and ropes used in gymnastics programs, may be used
if:
(1) The equipment is installed and used according to
manufacturer's instructions;
(2) A child's use of the equipment is supervised by
trained personnel;
(3) The safety practices employed by the operation
and the risks associated with the use of each type of equipment are
outlined in your policies and procedures; and
(4) Parents provide written consent before children
use the equipment. Written consent must be kept on file at the operation
in the child's record.
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Source Note: The provisions of this §744.3105 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |