(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.

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