(a) The maximum height of the highest designated play surface on active play equipment is based on the age of children who will be using the equipment.
(b) The maximum height allowed is:
  (1) Five feet for equipment designed to be used by children younger than five years old; or
  (2) Seven feet for equipment designed to be used by children who are at least five years old.
(c) Equipment that is fundamental to the core development of a skill, talent, ability, expertise, or proficiency, such as parallel bars and trampolines used in gymnastics programs, may exceed the maximum height allowed 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 §744.3109 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