SECTION 744.3107. Are there additional equipment restrictions for children younger than five years of age?

(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