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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 §744.3107 - Are there additional equipment restrictions for children younger than five years of age?
Chapter Review Date 03/27/2024

(a) Yes. Children younger than five years of age must not be allowed to use the following pieces of equipment at or away from the operation:(1) Free standing arch climbers;(2) Free standing climbing pieces with flexible parts;(3) Fulcrum seesaws;(4) Log rolls;(5) Spiral slides with more than one 360 degree turn; or(6) Track rides.(b) In addition, children younger than four years of age must not be allowed to use the following pieces of equipment at or away from the operation:(1) Chain or cable walks;(2) Horizontal ladders;(3) Vertical slide poles;(4) Over-head swinging rings; or(5) Parallelbars.(c) Equipment that is fundamental to the core development of a skill, talent, ability, expertise, or proficiency, such as swinging rings and parallel bars 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 §744.3107 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.

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