You must ensure that outdoor equipment and supplies at the operation are safe for the children as follows:
  (1) The outdoor activity space must be arranged, so caregivers can adequately supervise children at all times;
  (2) The design, scale, and location of the equipment must be appropriate for the body size and ability of the children using the equipment;
  (3) Equipment must not have openings 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) You must not install climbing equipment, swings, or slides over asphalt or concrete, unless the asphalt or concrete is covered with properly installed unitary surfacing materials as specified in this subchapter;
  (9) Outdoor platforms more than 20 inches in height for children five years old and younger, and more than 30 inches in height for school-age children, must be equipped with guardrails that surround the elevated surface, except for entrances and exits, and that prevent children from crawling over or through the guardrail;
  (10) The height of the highest play surface or platform cannot be more than eight feet; and
  (11) Stairs and steps on outdoor climbing equipment, regardless of height, must have well-secured handrails on both sides of stairs and steps that the children can reach. Rung ladders do not require handrails.

Source Note: The provisions of this §748.3471 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909