SECTION 744.2959. Must the outdoor activity space be connected to the operation?

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.

Source Note: The provisions of this §744.2959 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909