reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter L - SAFETY PRACTICES › Division 5 - RELEASE OF CHILDREN › Section 744.2803 - How do my employees verify the identity of a parent or a person a parent has designated to pick up the child?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 must develop operation policies for the release of children, including a plan
					 to verify the identity of a person authorized to pick up a child but whom the
					 caregiver does not know. If your operation transports children, the plan must
					 include verifying the identity of a person to whom you release a child from an
					 operation transportation vehicle.
(b) Your policies must include a reasonable
					 means to record the identity of the individual, such as a copy of valid photo
					 identification, an instant photograph of the individual, or recording the
					 driver's license number and car license plate numbers. You must retain this
					 information in the child's records for at least three months.
(c) You must instruct all employees in the
					 operation's policies for the release of children, including the verification
					 plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2901 - How many square feet of indoor activity space must I have for children?

Current through Reg. 49, No. 28; July 12, 2024
You must have at least 30 square feet of indoor activity
						space for each child that you are licensed to serve, unless the operation is
						exempt based on criteria specified in this division.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2903 - Must I limit the number of children in each room based on the indoor activity space measurements for that room?

Current through Reg. 49, No. 28; July 12, 2024
The number of children in each room must not routinely
						exceed what the room measurement will accommodate. However the number of
						children may exceed what the room measurement will accommodate if it is
						appropriate given the age of the children using the space, and whether the
						equipment and furnishings allow the children to safely participate in the
						activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2905 - Do these indoor activity space requirements apply to my operation if it was licensed before September 1, 2010?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes, the only exemption is for operations
					 licensed as kindergarten and nursery schools, or schools: grades kindergarten
					 and above, before September 1, 2003. These operations must have at least 20
					 square feet of indoor activity space for each child the operation is licensed
					 to serve.
(b) The exemption
					 specified in subsection (a) of this section remains in effect until a permit
					 issued prior to September 1, 2010, is no longer valid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2907 - How does Licensing determine the indoor activity space?

Current through Reg. 49, No. 28; July 12, 2024
(a) We determine indoor activity space by:
(1) Measuring all indoor activity space wall
					 to wall on the inside at floor level;
(2) Rounding all measurements up to the
					 nearest inch;
(3) Excluding
					 single-use areas, which are areas not routinely used for children's activities,
					 such as a bathroom, hallway, storage room, cooking area of a kitchen, swimming
					 pool, and storage building; and
(4)
					 Excluding floor space occupied by permanent and stationary fixtures, such as
					 bookcases, shelving, and storage/counter space, that is not intended for use by
					 the children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2909 - May other programs use my indoor activity space at the same time I have children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may share the
					 indoor activity space that is not classroom space with other programs at the
					 same time you have children in care, if you have a written plan specifying how
					 caregivers will supervise and account for children in your care. The plan must
					 address the following:
(1) The ages of the
					 children;
(2) The proximity of
					 restroom facilities and the operation entrances and exits to the children's
					 area; and
(3) The nature of other
					 activities and persons who may be sharing the space.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 744.2911 - May I care for children above or below ground level?

Current through Reg. 49, No. 28; July 12, 2024
To care for children on any level above or below ground
						level, you must:
(1) Obtain written
					 approval from the state or local fire authority; and
(2) Follow any restrictions issued by the
					 state or local fire authority, including any age limits placed on the
					 approval.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2951 - How many square feet of outdoor activity space must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) If children are in care for five or more
					 consecutive hours, you must have 80 square feet of outdoor activity space for
					 each child using the outdoor activity area at one time, or the indoor activity
					 space must allow for room and equipment that permits children the opportunity
					 to engage in age appropriate active play.
(b) If you were licensed before September 1,
					 2003, you do not have to comply with the outdoor activity space requirements
					 specified in subsection (a) of this section unless the permit issued prior to
					 September 1, 2003, is no longer valid.
(c) As long as children are in care for less
					 than five consecutive hours, you are not required to have outdoor activity
					 space if your program provides only indoor instruction that is fundamental to
					 the core development of a skill, talent, ability, expertise, or proficiency
					 that requires physical activity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2953 - Must I fence the outdoor activity space?

Current through Reg. 49, No. 28; July 12, 2024
Yes. A fence or wall at least four feet high must enclose
						the outdoor activity space unless you meet one of the following:
(1) Your operation is located at a public
					 school facility operated by the local independent school district; or
(2) The only children using the outdoor
					 activity space are five years old or older.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2955 - How many exits must I have from my fenced outdoor activity space?

Current through Reg. 49, No. 28; July 12, 2024
Each fenced yard must have at least two exits. An
						entrance to the building may count as one exit, but one exit must be away from
						the building.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2957 - May I keep the gates leading into my outdoor activity space locked while children are in care?

Current through Reg. 49, No. 28; July 12, 2024
Yes, however the locking mechanism must be accessible to
						all employees at all times. Employees must be able to open the gates
						immediately in an emergency and satisfactorily demonstrate this ability to
						Licensing staff upon request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2959 - Must the outdoor activity space be connected to the operation?

Current through Reg. 49, No. 28; July 12, 2024
No; however, all outdoor activity areas used by children
						must be accessible from the operation by a safe route. We must approve a plan
						to use an outdoor activity space that is not connected to the operation, such
						as a near-by park, schoolyard, or other alternative. We will consider the
						following criteria before approving the plan:
(1) Traffic patterns of vehicles and people
					 in the area;
(2) Ages of children
					 in the groups;
(3) Availability of
					 appropriate equipment;
(4) Usage of
					 the location by other persons when the children would be most likely to use
					 it;
(5) Neighborhood circumstances,
					 hazards, and risks;
(6)
					 Accessibility to children and caregivers on foot;
(7) Reasonable accessibility of restroom
					 facilities; and
(8) Ability to
					 obtain assistance if needed when injury or illness occurs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2961 - Must I comply with additional requirements if my plan to use an outdoor activity space not connected to my operation is approved by Licensing?

Current through Reg. 49, No. 28; July 12, 2024
Yes. If we approve the outdoor activity space, you
						must:
(1) Give parents written
					 notification of the location of the outdoor activity area, upon their child's
					 enrollment;
(2) Develop a written
					 plan to supervise children, both during play and while traveling to and from
					 the outdoor activity space; and
(3)
					 Meet other conditions specified by Licensing staff, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 744.2963 - May other programs use my outdoor activity space at the same time I have children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may share the
					 outdoor activity space with other programs at the same time you have children
					 in care if you have a written plan specifying how caregivers will supervise and
					 account for children in your care. The plan must address the following:
(1) The ages of the children;
(2) The proximity of restroom facilities and
					 the operation entrances and exits to the children's area; and
(3) The nature of other activities and
					 persons who may be sharing the space.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3001 - How many hand-washing sinks must I have in my operation for children's use?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are licensed
					 to serve 13 or more children ages five years old and older, unless otherwise
					 specified in this division, you must have one sink for every 20
					 children.
(b) If you are licensed
					 to serve 13 or more children, and have children younger than five years of age
					 in care, unless otherwise specified in this division, you must have one sink
					 for every 17 children.
(c) If you
					 are licensed to serve 12 or fewer children, unless otherwise specified in this
					 division, you must have at least one sink available for the children's
					 use.
(d) If you were licensed as a
					 kindergarten and nursery school, or school: grades kindergarten and above,
					 before September 1, 2003, you must have one sink for every 20
					 children.
(e) If you were licensed
					 as a drop-in center before September 1, 2003, you must have at least one sink
					 for every 25 children.
(f) A
					 kindergarten and nursery school, school: grades kindergarten and above, and
					 drop-in center must comply with the requirements specified in subsection (a) or
					 (b) of this section if the permit issued prior to September 1, 2003, is no
					 longer valid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3003 - Where must I locate the hand-washing sinks for children's use?

Current through Reg. 49, No. 28; July 12, 2024
Hand-washing sinks must be inside the operation. Children
						must be able to safely and independently access the sink. Hand-washing sinks
						must be equipped with soap, running water, and single-use disposable towels or
						hot-air hand dryers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3005 - How many toilets am I required to have in my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are licensed to serve 13 or more
					 children ages five years and older, you must have one flush toilet for every 20
					 children.
(b) If you are licensed
					 to serve 13 or more children, and have children younger than five years of age
					 in care, unless otherwise specified in this division, you must have one flush
					 toilet for every 17 children.
(c)
					 If you are licensed to serve 12 or fewer children, you must have at least one
					 flush toilet available for the children's use.
(d) If you were licensed as a kindergarten
					 and nursery school, or school: grades kindergarten and above, before September
					 1, 2003, you must have one flush toilet for every 20 children.
(e) If you were licensed as a drop-in center
					 before September 1, 2003, you must have at least one flush toilet for every 25
					 children.
(f) An operation licensed
					 before September 1, 2003, must comply with the requirements specified in
					 subsection (a) or (b) of this section if the permit issued prior to September
					 1, 2003, is no longer valid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3007 - Where must the toilets be located?

Current through Reg. 49, No. 28; July 12, 2024
Toilets must be inside the operation and include toilet
						paper. Children must be able to safely and independently access the toilet.
						Toilets must be equipped for independent use by children and allow supervision
						by caregivers, as needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3009 - May I count urinals in the ratio of children to toilets?

Current through Reg. 49, No. 28; July 12, 2024
(a) Urinals may be counted in the ratio of
					 children to toilets, but may not exceed 50% of the total number of
					 toilets.
(b) Restrooms containing
					 urinals must also have flush toilets.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3011 - Do I have to use toilets, sinks and fountains that are child sized?

Current through Reg. 49, No. 28; July 12, 2024
No. However if you use a sink, urinal, toilet, or
						drinking fountain that is too high for children to use safely and
						independently, you must equip it with anchored steps and/or a broad-based
						platform with a non-slip surface.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3013 - May the doors to the restroom or toilets have locks on them?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Doors on restrooms and toilets used by children may
						have locks, although:
(1) Locks must
					 be out of children's reach; or
(2)
					 If locks are within children's reach there must be a way to immediately open
					 the door from the outside in an emergency, and:
(A) The unlocking mechanism must be
					 accessible to all employees at all times and must be demonstrated
					 satisfactorily to Licensing staff upon request; and
(B) An adult must be present in the restroom
					 area when children younger than five years old are using restrooms with door
					 locks within children's reach.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 744.3015 - May other programs use the toilets and hand washing sinks counted in my indoor activity space at the same time I have children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You may share the toilets and hand
					 washing sinks counted in your indoor activity space with other programs at the
					 same time you have children in care, provided you:
(1) Ensure adequate facilities are available
					 to children when needed; and
(2)
					 Have a written plan specifying how caregivers will supervise and account for
					 children in your care that addresses:
(A) The
					 ages of the children;
(B) The
					 proximity of restroom facilities, and operation entrances and exits to the
					 children's area; and
(C) The nature
					 of other activities and persons who may be sharing the toilet and hand washing
					 sinks.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 4 - TELEPHONE › Section 744.3051 - Must I have a telephone at my operation?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must have:
(1) A telephone at your operation with a
					 listed telephone number; or
(2)
					 Access to a telephone located in the same building for use in an emergency and
					 where a person is available to:
(A) Receive
					 incoming calls to the operation;
(B) Immediately transmit messages regarding
					 children in care to operation caregivers; and
(C) Make outgoing calls for the operation as
					 necessary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter M - PHYSICAL FACILITIES › Division 5 - INDOOR LOFTS › Section 744.3071 - May I have indoor lofts?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may
					 have an indoor loft that is designed and used as an extension of the classroom
					 if you comply with the following safety standards:
(1) Caregivers must be able to adequately
					 supervise children at all times;
(2) Stairs and steps, regardless of height,
					 must have handrails the children can reach. Rung ladders do not require
					 handrails; and
(3) Platforms over
					 20 inches in height must be equipped with protective barriers that prevent
					 children from crawling over or falling through the barrier, or becoming
					 entrapped.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3101 - What minimum safety requirements must my active play equipment meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) Indoor and outdoor active play equipment
					 used both at and away from the operation must be safe for the children as
					 follows:
(1) The indoor and outdoor active
					 play equipment must be arranged so that caregivers can adequately supervise
					 children at all times;
(2) The
					 design, scale, and location of the equipment must be used according to the
					 manufacturer's instructions;
(3)
					 Equipment must not have openings or angles 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) Climbing equipment, swings, or
					 inflatables must not be installed over asphalt or concrete unless the asphalt
					 or concrete is covered with properly installed unitary surfacing materials as
					 specified in § 744.3259 of Title 40 (relating to What are unitary
					 surfacing materials?) and § 744.3261 of Title 40 (relating to How should
					 unitary surfacing materials be installed?);
(9) Porches or platforms more than 20 inches
					 in height for pre-kindergarten and younger children, and more than 30 inches in
					 height for school-age children, must be equipped with protective barriers that
					 surround the elevated surface except for entrances and exits and that prevent
					 children from crawling over or through the barrier;
(10) Stairs and steps on climbing equipment,
					 regardless of height, must have handrails the children can reach. Rung ladders
					 do not require handrails; and
(11)
					 If you are licensed to provide only care in a public school facility operated
					 by the local independent school district, you must inform parents in writing at
					 the time they enroll their child if the active play equipment you plan to use
					 at the public school facility does not meet Licensing standards specified in
					 this subchapter. Otherwise, children must not be allowed to use equipment that
					 does not meet Licensing standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3103 - What additional safety requirements must my indoor equipment meet?

Current through Reg. 49, No. 28; July 12, 2024
Indoor equipment used both at and away from the operation
						must be safe for the children as follows:
(1) Floor surfaces under indoor equipment
					 designed for climbing must have a unitary shock-absorbing surface that will
					 effectively cushion the fall of a child. The surface must be installed in the
					 use zone and maintained according to the manufacturer's directions. See §
					 744.3201 of Title 40 (relating to What does Licensing mean by the term "use
					 zone?"). Carpeting alone, even if it is installed over thick padding, is not an
					 acceptable resilient surface under indoor climbing equipment;
(2) Platforms over 20 inches in height for
					 pre-kindergarten and younger children, and more than 30 inches in height for
					 school-age children, must be equipped with protective barriers that prevent
					 children from crawling over or falling through the barrier, or becoming
					 entrapped; and
(3) If your program
					 uses specialized equipment that is fundamental to the core development of a
					 skill, talent, ability, expertise, or proficiency, such as parallel bars and
					 trampolines used in gymnastics programs:
(A)
					 The equipment must be installed and used according to manufacturer's
					 instructions and supervised by trained personnel;
(B) The safety practices employed by the
					 operation and the risks associated with the use of each type of equipment must
					 be thoroughly outlined in your policies and procedures; and
(C) Parents must provide written consent
					 before children may use the equipment. Written consent must be kept on file at
					 the operation in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3105 - Are there some types of equipment that children must not use?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. Children must not use the following
					 types of equipment at or away from the operation:
(1) Heavy swings made of metal or that have
					 metal components, such as animal figure swings;
(2) Equipment that allows children to fall
					 inside the structure and onto other parts of the structure, such as certain
					 styles of monkey bars or jungle gyms;
(3) Trampolines, except those less than four
					 feet in diameter that are no higher than 12 inches above a properly installed
					 and maintained resilient surface;
(4) Swinging exercise rings and trapeze bars
					 on long chains or swinging rope;
(5) Multiple occupancy swings, such as
					 teeter-totters, gliders, or chair swings (other than tire swings); or
(6) Swinging gates and giant
					 strides.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3107 - Are there additional equipment restrictions for children younger than five years of age?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3109 - What is the maximum height of the highest designated play surface allowed?

Current through Reg. 49, No. 28; July 12, 2024
(a) The maximum height of the highest
					 designated play surface on active play equipment is based on the age of
					 children who will be using the equipment.
(b) The maximum height allowed is:
(1) Five feet for equipment designed to be
					 used by children younger than five years old; or
(2) Seven feet for equipment designed to be
					 used by children who are at least five years old.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3111 - What is the maximum height allowed for the highest designated play surface if my operation was licensed before September 1, 2010?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 744.3113 - What special maintenance procedures must I follow for my active play space and equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The director
					 or designee must inspect the active play space and equipment daily before
					 children begin to play to ensure there are no hazards present.
(b) The director or designee must conduct at
					 least monthly inspections of the active play space and equipment, utilizing a
					 general maintenance checklist or safety checklist that includes checking the
					 equipment and surfacing material for normal wear and tear, broken or missing
					 parts, debris or foreign objects, drainage problems, or other
					 hazards.
(c) The director or
					 designee must ensure hazards or defects identified during inspections are
					 removed or repaired promptly, and must arrange for protection of the children
					 or prohibit use of hazardous equipment until the hazards can be removed or
					 repairs can be made.
(d) You must
					 keep maintenance inspections and repair records at the operation for review
					 during your hours of operation for at least the previous three
					 months.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 2 - SWINGS › Section 744.3151 - What are the safety requirements for swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) All swing seats must be constructed of
					 durable, lightweight, rubber, or plastic material.
(b) Edges of all swing seats must be smooth
					 or rounded and have no protrusions.
(c) Swings must not be attached to a
					 composite play structure.
(d) A
					 full bucket seat swing, intended for children under four years of age to use
					 with adult assistance, may be used provided the distance between the bottom of
					 the unoccupied swing seat is at least 24 inches above the protective
					 surfacing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 2 - SWINGS › Section 744.3153 - Are there additional safety requirements for tire swings or other multi-axis swings?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Tire swings must:
(1) Not be made from heavy truck tires, or
					 tires with exposed steel-belted radials;
(2) Not be suspended from a composite
					 structure or with other swings in the same swing bay;
(3) Have drainage holes drilled in the
					 underside of the tire and maintained to facilitate water drainage;
					 and
(4) Have a minimum clearance
					 between the seating surface of a tire swing and the uprights of the supporting
					 structure of 30 inches or more when the tire is in a position closest to the
					 support structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3201 - What does Licensing mean by the term "use zone"?

Current through Reg. 49, No. 28; July 12, 2024
The use zone is the surface area under and around a piece
						of equipment onto which a child falling from or exiting from the equipment
						would be expected to land. Other than the equipment itself, the use zone must
						be free of obstacles that a child could run into or fall on top of and be
						injured.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3203 - How do I measure the use zone for stationary equipment?

Current through Reg. 49, No. 28; July 12, 2024
The use zone for stationary equipment, excluding slides
						and soft contained play equipment, must extend a minimum of six feet in all
						directions from the perimeter of the equipment. Use zones for stationary
						equipment must not overlap other use zones.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3205 - How do I measure the use zone for slides?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone in front of the access and
					 to the sides of a slide must extend a minimum of six feet from the perimeter of
					 the equipment.
(b) For slides six
					 feet high or less, the use zone in front of the exit of a slide must extend at
					 least six feet.
(c) For slides
					 greater than six feet high, the use zone in front of the exit of a slide must
					 be equal to the distance from the slide platform to the protective surfacing up
					 to a maximum of eight feet.
(d) The
					 use zone in front of the slide exit must not overlap the use zone of any other
					 equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3207 - How do I measure the use zone for to-fro swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone to the front and rear of
					 to-fro swings (single-axis swings) must extend twice the height of the vertical
					 distance from the swing beam to the protective surfacing below.
(b) The use zone to the front and rear of the
					 to-fro swing must not overlap any other use zone.
(c) The use zone around the sides of the
					 to-fro swing structure (frame which supports the swings) must be at least six
					 feet and may overlap the use zone of an adjacent swing structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3209 - How do I measure the use zone for tire swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for tire swings or other
					 multi-axis swings must extend in all directions for a distance equal to the
					 distance from the swing beam to the top of the sitting surface of the tire,
					 plus six feet.
(b) The use zone
					 specified in subsection (a) of this section must not overlap any other use
					 zone.
(c) The use zone on the sides
					 of the tire swing support structure must be at least six feet and may overlap
					 the use zone on the sides of an adjacent swing support structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3211 - How do I measure the use zone for bucket swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone to the front and rear of the
					 bucket swing must be at least two times the vertical distance from the swing
					 beam to the top of the swing-sitting surface.
(b) The use zone specified in subsection (a)
					 of this section must not overlap any other use zone.
(c) The use zone on the sides of the bucket
					 swing structure must be at least six feet and may overlap the use zone on the
					 sides of an adjacent swing support structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3213 - How do I measure the use zone for rotating or rocking equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for rotating or rocking
					 equipment on which the child sits must be at least six feet from the perimeter
					 when not in use.
(b) The use zone
					 for rotating or rocking equipment or track rides on which the child stands or
					 rides must be at least seven feet from the perimeter of the equipment when not
					 in use.
(c) The use zone for
					 rocking and rotating equipment must not overlap any other use zone.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - USE ZONES › Section 744.3215 - Do the use zone requirements apply to my operation if it was licensed before September 1, 2003?

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3251 - What type of surfacing must I have under my active play equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) There must be loose-fill surfacing
					 material or unitary surfacing material in the use zones for all climbing,
					 rocking, rotating, bouncing, or moving equipment, slides, and swings.
(b) The height of the highest designated play
					 surface on the equipment will determine the depth of loose materials or the
					 attenuation rating (thickness) of the unitary materials.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3253 - What are acceptable loose-fill surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
Loose-fill surfacing materials include, but are not
						limited to, loose particles such as sand, pea gravel, shredded wood products,
						and shredded rubber.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3255 - How should outdoor loose-fill surfacing materials be installed?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you use loose-fill surfacing materials
					 in your outdoor active play space, you must install and maintain nine inches or
					 more of uncompressed loose-fill material in the use zones.
(b) You must not install loose-fill surfacing
					 materials over concrete or asphalt.
(c) You must mark all equipment support posts
					 to indicate the depth at which the loose-fill surfacing material must be
					 maintained under and around the equipment.
(d) You must ensure the loose-fill materials
					 are maintained at the proper depth at all times.
(e) Loose-fill surfacing materials must not
					 be used indoors.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3259 - What are unitary surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
Unitary surfacing materials are manufactured materials
						including rubber tiles, mats, or poured-in-place materials cured to form a
						unitary shock-absorbing surface.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3261 - How should unitary surfacing materials be installed?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you use unitary materials, they must
					 be installed and maintained according to manufacturer's
					 specifications.
(b) Unitary
					 materials may be installed over concrete or asphalt only if recommended by the
					 manufacturer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - SURFACING › Section 744.3263 - What documentation must I keep at the operation if I use unitary surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
If you use unitary surfacing materials, you must have
						test data from the manufacturer showing the impact rating of the material (the
						maximum height of equipment that may be installed over the surfacing material),
						and installation and maintenance requirements. This documentation must be at
						the operation and made available for review by parents and Licensing staff upon
						request during your hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SOFT CONTAINED PLAY EQUIPMENT › Section 744.3301 - What is soft contained play equipment?

Current through Reg. 49, No. 28; July 12, 2024
Soft contained play equipment is a play structure
						that:
(1) Is fully enclosed with
					 pliable material such as net, plastic, or fabric;
(2) The user enters to access one or more
					 play components; and
(3) Allows
					 caregivers to supervise children as specified in §
											744.1205 of this chapter (relating
					 to What responsibilities does a caregiver have when supervising a child or
					 children?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 744 - MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS › Subchapter N - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SOFT CONTAINED PLAY EQUIPMENT › Section 744.3303 - Are there additional safety requirements for soft contained play equipment?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Soft contained play equipment must:
(1) Not have to-fro, bucket, or tire swings
					 attached inside or outside of the structure;
(2) Have no more than a 24-inch difference in
					 height between two connecting platforms;
(3) Have use zones as outlined in §
					 744.3305 of Title 40 (relating to How do I measure the use zone for soft
					 contained play equipment?) that are free of obstacles and covered with unitary
					 surfacing material;
(4) Be
					 installed, maintained and cleaned according to manufacturer's instructions;
					 and
(5) Include closer supervision
					 when in use by requiring at least one caregiver to be positioned at each level
					 of the play area.