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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS
SUBCHAPTER N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT
SECTION/RULE §744.3105 - Are there some types of equipment that children must not use?
Chapter Review Date 03/27/2024

(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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