(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.
(b) You must have enough square footage in the outdoor activity space to equal at least 25% of your licensed indoor capacity.
(c) If you were licensed before September 1, 2003, you do not have to comply with the outdoor activity space requirements specified in subsection (b) of this section unless the permit issued prior to September 1, 2003, is no longer valid.

Source Note: The provisions of this §746.4301 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