| (a) Fence or barrier required. All pool yards and spa
yards must be completely enclosed by a fence, wall, or equivalent
barrier that is durable and is not easily climbed. An enclosure can
surround multiple pools and spas within an aquatic facility.
(1) Planters, light poles, and other structures and
site furnishings must not be permitted within 36 inches, as measured
horizontally, outside of the enclosure.
(2) Planters, light poles, and other structures and
site furnishings inside the pool or spa enclosure must be constructed
and placed such that the fence is not made easily climbable from outside
the pool or spa enclosure.
(3) Tree limbs must be kept trimmed to prevent a tree
or the limbs of the tree from being used by children to climb over
the enclosure.
(4) Solid barriers that do not have openings must be
smooth and not have any indentations or protrusions that could be
used as a handhold or foothold except for normal construction tolerances
and tooled masonry joints on the side away from the pool or spa.
(b) Enclosures for Class A and Class B pools and spas
and resident youth camp pools and spas. Enclosures for Class A and
Class B pools and spas and resident youth camp pools and spas must
meet the following requirements.
(1) Class A and B pools and spas and pools and spas
at resident youth camps must have an enclosure consisting of a fence,
portion of a building, wall or other durable enclosure, or an equivalent
structure. Chain link material with a maximum opening of 1-3/4 inch
mesh may be used for fencing at Class A, Class B, and residential
youth camp pools and spas.
(2) A building that serves as part of the enclosure
must have doors or gates that open into the pool or spa yard only
if:
(A) any doors or gates between the building and the
pool or spa yard are for entry into a storage room, restroom, shower
room, dressing room, or mechanical room adjacent to the pool or spa;
and
(B) the room does not have any door or gate openings
to the outside of the pool yard or spa yard enclosure.
(3) The enclosure, including doors and gates, must
be designed and constructed so that it cannot be easily climbed and:
(A) have a minimum effective perpendicular height of
at least 6 feet as measured from the ground surface on the outside
of the enclosure;
(B) have no openings in the enclosure, either through
or under it, which would allow passage of a 4-inch sphere;
(C) have no horizontal mid-rail and be designed and
constructed so that it cannot be readily climbed;
(D) have all doors and gates in the enclosure directly
and continuously supervised by staff at the pool during hours of operation
or locked to prevent unauthorized entry; and
(E) have no windows in the enclosure lower than 6 feet
from the ground as measured from outside of the enclosure that can
be opened.
(4) Gates and doors of Class A, Class B, and resident
youth camp pool and spa enclosures must open outward away from the
pool or spa, be capable of being locked, and must be locked if the
pool or spa is not open for use. The gate or door must be locked if
the pool or spa is closed for repairs, hazards, weather related hazards,
adding chemicals by hand, or any other condition that warrants closure
of the pool or spa.
(c) Enclosures for pools and spas subject to Texas
Health and Safety Code, Chapter 757. A pool or spa that is in a multiunit
rental complex or owned, controlled, or maintained by a property owners
association and subject to Texas Health and Safety Code, Chapter 757,
must have an enclosure as required in Chapter 757.
(d) Enclosures for all other Class C and day camp pools
and spas. A Class C or day camp pool or spa not subject to Texas Health
and Safety Code, Chapter 757 must have an enclosure that complies
with this subsection and, if applicable, subsection (h) of this section.
(1) The pool yard or spa yard enclosure must consist
of one or a combination of a fence, portion of a building, wall, or
other durable enclosure that meets the requirements of this section.
The enclosure must comply with the following:
(A) The enclosure must have a minimum perpendicular
height of at least 48 inches as measured from the ground surface on
the outside of the enclosure.
(B) An enclosure with horizontal and vertical members
constructed or replaced on or after January 1, 2021, must have no
horizontal mid-rail and be constructed so that it cannot be easily
climbed. The distance between horizontal members of the fence that
is 48 inches in height must not be less than 45 inches.
(C) Openings in, under, or through all enclosures at
Class C and day camp pools and spas must not allow the passage of
a 4-inch diameter sphere.
(D) Chain link fencing material is prohibited for Class
C pools and spas constructed on or after October 1, 1999. Pool and
spa fences at Class C pools and spas constructed before October 1,
1999, that replace a chain link fence are prohibited from using chain
link fencing material.
(E) Windows that are capable of being opened are not
allowed as a part of a pool or spa enclosure unless those windows
are above the required enclosure height as measured from the ground
level outside of the pool enclosure, and have a maximum opening of
4 inches, or are provided with a non-removable screen.
(F) Doors or gates of a building that are capable of
being opened are not allowed as part of an enclosure unless:
(i) the doors or gates between the building and pool
yard or spa yard are for entry into a storage room, restroom, shower
room, dressing room, or mechanical room adjacent to the pool or spa;
(ii) the room does not have any door or gate openings
to the outside of the pool yard or spa yard enclosure; or
(iii) the pool yard or spa yard is indoor and complies
with the requirements of subsection (h) of this section.
(2) Gates and doors of a pool or spa enclosure subject
to this subsection must:
(A) be equipped with self-closing and self-latching
devices meeting the definition in §265.182(62) of this subchapter
(relating to Definitions);
(B) be designed to close and to keep the gate or door
securely closed and latched whenever the gate or door is not in use;
(C) open outward away from the pool or spa;
(D) be capable of being locked and be locked if the
pool or spa is not open for use; and
(E) be locked if the pool or spa is closed for repairs,
hazards, weather-related hazards, adding chemicals by hand, or any
other condition that warrants closure of the pool or spa.
(3) Self-closing and self-latching devices on gates
and doors of a pool or spa constructed on or after January 1, 2021,
must:
(A) have hand-activated door- or gate-opening hardware
located at least 3-1/2 feet above the deck or walkway; or
(B) have hand-activated door- or gate-opening hardware
located on the pool yard side of the gate that is at least 3 inches
below the top of the gate;
(C) have a gate or enclosure with no opening 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;
and
(D) have a gate latch that may be located 42 inches
or higher above the ground if the gate cannot be opened except by
key, card, or combination on both sides of the gate.
(e) Entry into pool yard or spa yard. Pool yard and
spa yard enclosures must be constructed so that all persons will be
required to pass through an enclosure gate or door to gain access
to the pool or spa. All gates and doors exiting a pool or spa yard
must open into a public area or walkway accessible by all users of
the pool or spa.
(f) Propping open gates prohibited. No gate or door
into a pool yard or spa yard may be propped open or remain propped
open unless an agent, employee, or contractor of the owner is present
and doing construction, maintenance, or repair work in the pool yard
or spa yard or on its enclosure that reasonably requires the gate
to be propped open.
(g) Service gates or doors. Service gates or doors
at a Class A, Class B, or Class C facility used only by service personnel
are not required to be self-closing and self-latching. Service gates
and doors must not be used as a user entry or exit and must be kept
securely closed and locked when not in actual use by service personnel
entering or exiting the pool or spa yard. A service gate or door may
include:
(1) a gate or door used by chemical delivery services,
facility maintenance services, and lawn and landscaping services;
or
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