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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 746MINIMUM STANDARDS FOR CHILD-CARE CENTERS
SUBCHAPTER TPHYSICAL FACILITIES
DIVISION 2OUTDOOR SPACE REQUIREMENTS
RULE §746.4305Must I fence the outdoor activity space?

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.

Source Note: The provisions of this §746.4305 adopted to be effective September 1, 2003, 28 TexReg 1402; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909

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