(a) If you were licensed before September 1, 2003, you must at least maintain the following use zones, unless you meet one of the conditions specified in subsection (b) of this section:
  (1) Four feet from climbing structures;
  (2) Five feet from the bottom of a slide. The other parts of the slide are considered a climbing structure;
  (3) Seven feet plus the length of a swing's chain from the point of suspension; and
  (4) Seven feet from a merry-go-round or other revolving devices.
(b) A child-care center licensed before September 1, 2003, must comply with the use zone requirements specified in this division, under the following circumstances:
  (1) A child-care center re-designs the existing playground or adds new playground equipment. The permit holder must meet use zone requirements specified in this division as the changes are made. You must submit a written plan for compliance to us upon request.
  (2) Your existing permit is no longer valid.

Source Note: The provisions of this §746.4815 adopted to be effective September 1, 2003, 28 TexReg 1402; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909