reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4201 - 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 child-care
						center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4203 - Am I required to care for children younger than 18 months separately from older children?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must care for children younger than 18 months in
						rooms and outdoor activity space areas separate from older children unless
						there are 12 or fewer children in the child-care center, or the child-care
						center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4205 - 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
(a) Yes. For children less than 18 months
					 old, the number of infants must not exceed the activity space.
(b) For children 18 months and older, more
					 children than the room measurement will accommodate must not routinely occupy
					 rooms, unless the age of the children, the equipment and furnishings, and the
					 activity being conducted in the room make it possible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4207 - Do these indoor activity space requirements apply to my child-care center if it was licensed before September 1, 2003?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes, the only exemption is for child-care
					 centers licensed as kindergarten and nursery schools, or schools: grades
					 kindergarten and above, before September 1, 2003. These centers must have at
					 least 20 square feet of indoor activity space for each child the center 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, 2003, is no longer valid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4213 - 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; and
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4215 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 1 - INDOOR SPACE REQUIREMENTS › Section 746.4217 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4301 - How many square feet of outdoor activity space must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have 80 square feet of outdoor
					 activity space for each child using the outdoor activity area at one time,
					 unless you are licensed to provide only:
(1)
					 An alternate care program; or
(2) A
					 get-well care program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4305 - 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) You are licensed to provide only an
					 after-school care program in a classroom facility owned, operated, and
					 administered by and located in a public school as defined by the Texas
					 Education Agency;
(2) You are
					 licensed to provide only an alternate care program;
(3) You are licensed to provide only a
					 get-well care program; or
(4) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4307 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4309 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4311 - Must the outdoor activity space be connected to the child-care center?

Current through Reg. 49, No. 28; July 12, 2024
No; however, all outdoor activity areas used by children
						must be accessible by a safe route. We must approve a plan to use an outdoor
						activity space that is not connected to the child-care center, such as a
						near-by park, schoolyard, rooftop, 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 or the availability of
					 push-carts or other means of transporting infants and toddlers;
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4313 - Must I comply with additional requirements if my plan to use an outdoor activity space not connected to my child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 2 - OUTDOOR SPACE REQUIREMENTS › Section 746.4315 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4401 - How many hand-washing sinks must I have in my child-care center for children's use?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are licensed
					 to serve 13 or more children, unless otherwise specified in this division, you
					 must have one sink for every 17 children who are 18 months of age and
					 older.
(b) 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.
(c) 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.
(d) If you were licensed as a drop-in
					 child-care center before September 1, 2003, you must have at least one sink for
					 every 25 children.
(e) A
					 kindergarten and nursery school; school: grades kindergarten and above; and
					 drop-in child-care 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4403 - Must I have a hand-washing sink in the diaper-changing area?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have one
					 hand-washing sink in each diaper-changing area, placed so that the caregiver
					 using it can maintain supervision of the children in the group as specified in
					 §
											746.1205 of this chapter (relating
					 to What responsibilities does a caregiver have when supervising a child or
					 children? ).
(b) If your child-care
					 center was licensed as a day care center, group day care home or drop-in
					 child-care center before September 1, 2003, and you are unable to comply with
					 subsection (a) of this section, you must submit to us and follow a plan for
					 each diaper-changing area that ensures children are supervised at all times and
					 caregivers and children are washing hands as specified in this
					 chapter.
(c) A child-care center
					 licensed before September 1, 2003, must comply with the requirements specified
					 in subsection (a) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4405 - 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 child-care center.
						Children 18 months of age and older 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. Refer to Subchapter R
						of this chapter (relating to Health Practices) for further information on hand
						washing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4407 - How many toilets am I required to have in my child-care center?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are licensed to serve 13 or more
					 children, you must have one flush toilet for every 17 children who are 18
					 months of age and older.
(b) If you
					 are licensed to serve 12 or fewer children, you must have at least one flush
					 toilet available for the children's use.
(c) If you were licensed as a kindergarten
					 and nursery school, or school: grades kindergarten and above, before September
					 1, 2003, you must have one toilet for every 20 children.
(d) If you were licensed as a drop-in
					 child-care center before September 1, 2003, you must have at least one toilet
					 for every 25 children.
(e) A
					 child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4409 - Where must the toilets be located?

Current through Reg. 49, No. 28; July 12, 2024
Toilets must be inside the child-care center. Children 18
						months of age and older 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4411 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4417 - May potty-chairs be used?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Potty-chairs may be used, but you may not count them
						in the ratio of children to toilets.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4419 - 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 them 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4421 - 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 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 3 - TOILETS AND SINKS › Section 746.4423 - 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 address:
(A) The
					 ages of the children;
(B) The
					 proximity of restroom facilities, and the center's entrances and exits to the
					 children's area; and
(C) The nature
					 of other activities and persons who may be sharing the toilets and hand washing
					 sinks.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 4 - FURNITURE AND EQUIPMENT › Section 746.4501 - What type of tables and chairs must I use for the children?

Current through Reg. 49, No. 28; July 12, 2024
(a) Tables and chairs that you use for
					 children must be safe, easy to clean, and of a height and size appropriate for
					 each age group in care.
(b) If the
					 manufacturer requires safety straps on a chair, then the safety straps must be
					 fastened whenever a child is using the chair.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 4 - FURNITURE AND EQUIPMENT › Section 746.4503 - Must I provide a cot or mat for each child to sleep or rest on?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You must provide or have the parent
					 provide an individual cot, bed, or mat that is waterproof or washable for each
					 walking child through four years to sleep or rest on.
(b) Cots, beds, or mats must be labeled with
					 the child's name. As an alternative, you may label cots, beds, or mats with a
					 number and have a number/child assignment map available as an
					 alternative.
(c) Floor mats used
					 for napping must be marked or colored so that the sleeping side can be
					 distinguished from the floor side.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 4 - FURNITURE AND EQUIPMENT › Section 746.4505 - Must I have storage for each child's individual belongings?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must have individual lockers, cubicles, separate
						hooks and shelves, or other adequate storage space for each child's personal
						belongings. You must clearly label the storage space with the child's name, a
						photograph of the child, or other symbol the child recognizes as his
						own.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 4 - FURNITURE AND EQUIPMENT › Section 746.4507 - Must I have a telephone at my child-care center?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must have:
(1) A telephone at your child-care center
					 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 child-care
					 center;
(B) Immediately transmit
					 messages regarding children in care to child-care center caregivers;
					 and
(C) Make outgoing calls for the
					 child-care center as necessary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter T - PHYSICAL FACILITIES › Division 4 - FURNITURE AND EQUIPMENT › Section 746.4509 - May I have indoor lofts?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes,
					 as long as the lofts are designed and used as an extension of the classroom and
					 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 746.4601 - What minimum safety requirements must my active play equipment meet?

Current through Reg. 49, No. 28; July 12, 2024
Indoor and outdoor active play equipment used both at and
						away from the child-care center 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 §746.4909 of this title (relating to What are unitary
					 surfacing materials?) and §746.4911 of this title (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 care for children 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 space or
					 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 space or equipment that does not meet Licensing standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 746.4603 - Are there some types of equipment that children must not use?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Children must not use the following types of
						equipment at or away from the child-care center:
(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 free swinging ropes;
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 746.4605 - 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 child-care center:
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 746.4607 - 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 as follows:
(1) 32 inches for equipment designed to be
					 used by children under the age of two years;
(2) Five feet for equipment designed to be
					 used by children younger than five; or
(3) Seven feet for equipment designed to be
					 used by children who are at least five years of age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 1 - MINIMUM SAFETY REQUIREMENTS › Section 746.4609 - What is the maximum height allowed for the highest designated play surface, if my child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 2 - SWINGS › Section 746.4701 - 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 2 - SWINGS › Section 746.4703 - Are there additional safety requirements for bucket swings designed for tots?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Bucket swings are intended for use by children under
						four years of age with an adult present to lift and secure the child into the
						swing. Therefore, the distance between the protective surfacing and the bottom
						of a bucket swing must be at least 24 inches. This will minimize the likelihood
						of unsupervised young children climbing into the swing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 2 - SWINGS › Section 746.4705 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - MAINTENANCE › Section 746.4751 - 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 child-care
					 center director or designee must inspect the active play space and equipment
					 daily before children begin play to ensure there are no hazards
					 present.
(b) The child-care center
					 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 child-care center 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 child-care center for
					 review during the center's 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4801 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4803 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4805 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4807 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4809 - 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 is 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4811 - 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 for tots 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4813 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - USE ZONES › Section 746.4815 - Do the use zone requirements apply to my child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4901 - 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 (area around and under
					 equipment where resilient surfacing is needed to prevent serious injury from
					 occurring as result of a fall) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4905 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4907 - How should outdoor loose-fill surfacing materials be installed?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must install and maintain loose-fill
					 surfacing materials to a depth of:
(1) At
					 least six inches when the height of the highest designated play surface is five
					 feet or less; and
(2) At least nine
					 inches when the height of the highest designated play surface is greater than
					 five feet.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4909 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4911 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4913 - What documentation must I keep at the child-care center 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 child-care center and made available for review by parents and Licensing
						staff upon request during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - SURFACING › Section 746.4915 - What additional surfacing requirements must my indoor equipment meet?

Current through Reg. 49, No. 28; July 12, 2024
Floor surfaces under indoor-climbing equipment and
						platforms over 20 inches in height 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 §746.4801 of this title (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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 6 - SOFT CONTAINED PLAY EQUIPMENT › Section 746.4951 - 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 §
											746.1205 of this chapter (relating
					 to What responsibilities does a caregiver have when supervising a child or
					 children?).