Indoor and outdoor active play equipment used both at and away
from the child-care center must be safe for the children as follows:
(1) The indoor and outdoor active play equipment must
be arranged so that caregivers can adequately supervise children at
all times;
(2) The design, scale, and location of the equipment
must be used according to the manufacturer's instructions;
(3) Equipment must not have openings or angles that
can entrap a child's body or body part that has penetrated the opening;
(4) Equipment must not have protrusions or openings
that can entangle something around a child's neck or a child's clothing;
(5) Equipment must be securely anchored according
to manufacturer's specifications to prevent collapsing, tipping, sliding,
moving, or overturning;
(6) All anchoring devices must be placed below the
level of the playing surface to prevent tripping or injury resulting
from a fall;
(7) Equipment must not have exposed pinch, crush, or
shear points, on or underneath it;
(8) Climbing equipment, swings, or inflatables must
not be installed over asphalt or concrete unless the asphalt or concrete
is covered with properly installed unitary surfacing materials as
specified in §746.4909 of this title (relating to What are unitary
surfacing materials?) and §746.4911 of this title (relating to
How should unitary surfacing materials be installed?);
(9) Porches or platforms more than 20 inches in height
for pre-kindergarten and younger children, and more than 30 inches
in height for school-age children, must be equipped with protective
barriers that surround the elevated surface except for entrances and
exits and that prevent children from crawling over or through the
barrier;
(10) Stairs and steps on climbing equipment, regardless
of height, must have handrails the children can reach. Rung ladders
do not require handrails; and
(11) If you are licensed to provide care for children
in a public school facility operated by the local independent school
district, you must inform parents in writing at the time they enroll
their child if the active play space or equipment you plan to use
at the public school facility does not meet Licensing standards specified
in this subchapter. Otherwise, children must not be allowed to use
space or equipment that does not meet Licensing standards.
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Source Note: The provisions of this §746.4601 adopted to be effective September 1, 2003, 28 TexReg 1402; amended to be effective December 1, 2010, 35 TexReg 10238; amended to be effective April 15, 2017, 42 TexReg 1575; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |