| (a) Indoor and outdoor active play equipment used both
at and away from the operation 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 §744.3259 of this title (relating to What are unitary
surfacing materials?) and §744.3261 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 only care 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 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 equipment that does
not meet Licensing standards.
(b) Equipment that is fundamental to the core development
of a skill, talent, ability, expertise, or proficiency, such as gym
floors and mats, platforms and steps used in gymnastics programs,
are not subject to the safety requirements specified in subsection
(a)(8) - (10) of this section provided:
(1) The equipment or surfacing is installed and used
according to manufacturer's instructions or industry standards;
(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 §744.3101 adopted to be effective September 1, 2010, 35 TexReg 7469; amended to be effective April 15, 2017, 42 TexReg 1779; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |
