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RULE §265.168Enclosures

(a) Enclosure required. The lagoon facility shall be enclosed by a fence, wall, or barrier that meets the requirements in this section.

(b) Minimum height. The enclosure, including doors and gates, shall have a minimum perpendicular height of at least six feet as measured from the ground surface on the outside of the fence.

(c) Openings. The enclosure shall have no openings in it, through it, or under it, which would allow a four-inch diameter sphere to pass.

(d) An enclosure constructed with horizontal and vertical members with the distance between the tops of the horizontal members less than 48 inches, shall have openings that shall not allow a sphere 1-3/4 inches in diameter to pass through the enclosure.

(e) The enclosure shall be designed and constructed so that it cannot be readily climbed. Structures, light poles, trees, or any other object that could make the enclosure easy to climb shall be a minimum of three horizontal feet from the exterior of the fence.

(f) Entry gates, doors and windows.

  (1) Entry doors, gates, and windows in the enclosure shall be directly and continuously supervised by staff during hours of operation or locked to prevent unauthorized entry.

  (2) All entry gates and doors shall open outward away from the lagoon and shall:

    (A) have hand-activated opening hardware; and

    (B) have hardware enabling the doors and gates to be locked by a padlock or built-in lock.

(g) Latching devices. Entry doors and gates shall be equipped with self-closing and self-latching devices that keep the gate or door securely closed and within its range of operation. A gate latch shall be installed on entry gates and doors so that it is at least 60 inches above the ground, except that it may be installed lower if:

  (1) the latch is installed on the lagoon side of the gate only; and

  (2) the gate or enclosure has no openings greater than 1/2-inch in any direction within 18 inches from the latch, including the space between the gate and the gate post to which the gate latches; or

  (3) a gate latch may be located 42 inches or higher above the ground if the gate cannot be opened except by key, card, or combination from either side of the gate.

(h) Building. A building that serves as part of the enclosure shall have doors or gates that access the yard of the lagoon constructed on or after the effective date of this subchapter only if:

  (1) any doors or gates between the building and the lagoon yard are for entry into a storage room, restroom, shower room, dressing room, or mechanical room adjacent to the lagoon; and

  (2) the room does not have any door or gate openings to the outside of the enclosure.

Source Note: The provisions of this §265.168 adopted to be effective March 1, 2020, 45 TexReg 1024

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