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