SECTION 744.3215. Do the use zone requirements apply to my operation if it was licensed before September 1, 2003?

(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) An operation licensed before September 1, 2003, must comply with the use zone requirements specified in this division, under the following circumstances:

(1) An operation 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; or

(2) Your existing permit is no longer valid.

Source Note: The provisions of this §744.3215 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