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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 744MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS
SUBCHAPTER NINDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT
DIVISION 1MINIMUM SAFETY REQUIREMENTS
RULE §744.3105Are there some types of equipment that children must not use?

(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.


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

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