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This regulation does not apply to the following:

(1) Any playground operated by a school or local government, if the playground is an incidental amenity and the operating entity is not primarily engaged in providing amusement, pleasure or thrills;

(2) Equipment used exclusively for exercise, inflatable rides, inflatable bounce houses, and/or ball crawls; and

(3) Gymnastics, dance, cheer, and tumbling facilities where all of the following are applicable:

(a) The majority of activities are gymnastics based;

(b) Where the facility derives at least eighty percent (80%) of its revenues through supervised educational instruction classes where the student-to-coach/instructor ratio is based on age, skill level, and number of students; and

(c) The facility teaches gymnastics skills and basics through programs that use progressive-oriented training and has supervised classes.

(Enacted 2016-26)