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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 265GENERAL SANITATION
SUBCHAPTER LSTANDARDS FOR PUBLIC POOLS AND SPAS
RULE §265.200Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas

(a) Enclosures for post-10/01/99 and pre-10/01/99 Class A and B pools and spas and post-10/01/99 and pre-10/01/99 residential youth camp pools and spas.

  (1) Post-10/01/99 and pre-10/01/99 Class A and B pools, and post-10/01/99 and pre-10/01/99 pools and spas that are located at residential youth camps required to be licensed under Health and Safety Code, Chapter 141 shall be enclosed by a barrier consisting of one of the following, or equivalent barrier: a fence, portion of a building, wall, or other durable enclosure.

  (2) A building that serves as part of the enclosure shall have doors or gates that open into the pool yard only if:

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

    (B) the room does not have any door or gate openings to the outside of the pool yard enclosure; and

    (C) the room does not contain any gas chlorine containers.

  (3) The enclosure, including doors and gates, shall:

    (A) have a minimum effective perpendicular height of at least 6 feet as measured from the ground surface on the outside of the fence;

    (B) have no openings in the enclosure through or under which a 4-inch diameter sphere can pass;

    (C) be designed and constructed so that it cannot be readily climbed; and

    (D) have all doors, gates, and windows in the enclosure directly and continuously supervised by staff at the pool during hours of operation, or locked to prevent unauthorized entry.

(b) Enclosures for post-10/01/99 or pre-10/01/99 Class C pools and spas and Class D pools at a Class C facility that are subject to Health and Safety Code, Chapter 757. A post-10/01/99 or pre-10/01/99 pool or spa that is subject to Health and Safety Code, Chapter 757 (covering pool yards and spa yards of apartments, property owner associations, and similar residential developments) shall have an enclosure as required in Chapter 757.

(c) Enclosures for all other post-10/01/99 or pre-10/01/99 Class C pools and spas and Class D pools at Class C facilities. A post-10/01/99 or pre-10/01/99 Class C pool or spa or a Class D pool at a Class C facility that is not subject to Health and Safety Code, Chapter 757 (such as pools and spas for hotels, motels, RV parks, etc.) must have a pool yard or spa yard enclosure in compliance with this subsection.

  (1) The pool yard or spa yard enclosure for a post-10/01/99 or pre-10/01/99 pool or spa subject to this subsection shall consist of one or a combination of a fence, portion of a building, wall or other durable enclosure. The enclosure shall 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 fence;

    (B) openings in or under the enclosure shall not allow the passage of a 4-inch diameter sphere;

    (C) planters or other structures that might allow small children to climb over the enclosure shall not be permitted within 36 inches, measured horizontally, from the outside of the enclosure;

    (D) chain link fencing may be used for the enclosure of a pre-10/01/99 pool and spa if the chain link fencing was installed before September 1, 2004. Chain link fencing shall not be used for an enclosure for a post-10/01/99 pool or spa constructed on or after the effective date of these rules;

    (E) doors, gates, or windows that open into a building are allowed as part of a pre-10/01/99 pool or spa enclosure. Windows that are capable of being opened are not allowed as part of a post-10/01/99 pool or spa enclosure. Doors or gates of a building that are capable of being opened are not allowed as part of a post-10/01/99 pool or spa enclosure unless:

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

      (ii) the room does not have any door or gate openings to the outside of the pool yard or spa yard enclosure; and

      (iii) the room does not contain any gas chlorine containers.

  (2) Gates and doors for pool yard or spa yard enclosures for post-10/01/99 and pre-10/01/99 pools and spas subject to this subsection shall:

    (A) be equipped with self-closing and self-latching devices and be latched when the pool or spa is not in use. The self-closing device shall be designed to keep the gate or door securely closed and the self-latching device shall latch when the gate is allowed to close within in its range of operation, which is from its fully open position to 6 inches from the fully closed position;

    (B) open outward away from the pool or spa except for gates constructed before October 1, 1999, in compliance with an applicable city ordinance;

    (C) have hand activated door or gate opening hardware located at least 3.5 feet above the deck or walkway;

    (D) be capable of being locked;

    (E) be locked if it is for entry into a Class A or B pool or a spa, and the pool or spa is not open for use; and

    (F) be locked if it is for entry into a Class C pool or a spa or Class D pool at a Class C facility and the pool or spa needs to be closed because of repairs, hazards, or other conditions.

  (3) Pool yard and spa yard enclosures for post-10/01/99 pools and spas shall be constructed so that all persons will be required to pass through an enclosure gate or door in order to gain access to the pool or spa. All gates and doors exiting a pool yard or spa yard of a post-10/01/99 pool or spa shall open into a public area or walkway accessible by all users of the pool or spa.

(d) Gates propped open prohibited. No pool or spa owner or his agent or employee may knowingly allow a gate in a pool yard or spa yard enclosure to be propped open or to remain propped open and no person may prop open such gate 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.


Source Note: The provisions of this §265.200 adopted to be effective September 1, 2004, 29 TexReg 7704

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