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