(a) If you were licensed before September 1, 2010, the maximum height allowed for the highest designated play surface on active play equipment is:
  (1) Six feet for equipment designed to be used by children younger than five years old; or
  (2) Eight feet for equipment designed to be used by children five years old and older.
(b) If your center re-designs the existing playground or adds new playground equipment, then as the changes are made you must meet equipment height requirements specified in §746.4607 of this title (relating to What is the maximum height of the highest designated play surface allowed?). You must submit a written plan for compliance to us upon request.

Source Note: The provisions of this §746.4609 adopted to be effective December 1, 2010, 35 TexReg 10238; amended to be effective April 15, 2017, 42 TexReg 1575; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909