(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