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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 265GENERAL SANITATION
SUBCHAPTER LPUBLIC SWIMMING POOLS AND SPAS
RULE §265.203Pool Yard and Spa Yard Enclosures

(a) Fence or barrier required. All pool yards and spa yards shall be completely enclosed by a fence, wall, or equivalent barrier. An enclosure can surround multiple pools and spas within an aquatic facility.

(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 shall meet the following requirements.

  (1) Class A and B pools and spas and pools and spas at resident youth camps shall have an enclosure consisting of a fence, portion of a building, wall or other durable enclosure or an equivalent structure.

  (2) A building that serves as part of the enclosure shall 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 or spa yard enclosure.

  (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 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; 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.

  (4) Gates and doors of Class A and Class B pool and spa enclosures. Gates and doors of Class A and Class B pool and spa enclosures shall be capable of being locked and shall be locked if the pool or spa is not open for use. The gate or door shall 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 subject to Texas Health and Safety Code, Chapter 757, shall have an enclosure as required in Chapter 757.

(d) Enclosures for all other Class C pools and spas. A Class C pool or spa not subject to Texas Health and Safety Code, Chapter 757 shall have an enclosure that complies with this subsection and, if applicable, subsection (h) of this section (relating to enclosures for pools and spas in a building).

  (1) The pool or spa yard enclosure shall 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 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 enclosure.

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

    (C) Planters, light poles, and site furnishings shall not be permitted within 36 inches, measured horizontally, from the outside of the enclosure. Tree limbs shall be kept trimmed to prevent a tree or the limbs of the tree to be used by children to climb over the enclosure.

    (D) Chain link fencing material is prohibited for pools and spas constructed on or after October 1, 1999. Pool and spa fences at pools and spas constructed before October 1, 1999, that replace the chain link fence are prohibited from using chain link fencing.

    (E) The enclosure shall have no horizontal mid-rail and be designed and constructed so that it cannot be readily climbed. The distance between horizontal members of a fence that is 48 inches in height shall be no less than 45 inches.

    (F) 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. 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 or spa yard is indoor and complies with the requirements of subsection (h) of this section.

  (2) Gates and doors of the pool or spa enclosure subject to this subsection shall:

    (A) be equipped with self-closing and self-latching devices meeting the definition in §265.182(88) of this subchapter (related to Definitions), that are designed to close and keep the gate or door securely closed and latched at all times the gate or door is not in use;

    (B) open outward away from the pool or spa;

    (C) have hand activated door or gate opening hardware located at least 3-1/2 feet above the deck or walkway. Pools and spas constructed or pool/spa enclosure and gates renovated on or after the effective date of this subchapter shall have the gate opening hardware only on the pool/spa side of the gate and the gate and enclosure shall have no openings greater than 1/2 inch within 18 inches of the door or gate opening hardware;

    (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.

(e) Entry into pool yard or spa yard. Pool yard and spa yard enclosures shall 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 shall 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 shall 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, used only by service personnel such as chemical delivery services, facility maintenance services, and lawn and landscaping services are not required to be self-closing and self-latching. Service gates and doors shall not be used as a user entry or exit and shall be kept securely closed and locked when not in actual use by service personnel entering or exiting the pool or spa yard.

(h) Enclosures for pools and spas in a building. For pools and spas that are in a building, the interior or exterior building walls may be designated as the enclosure.

  (1) Entry/exit gates or doors into the pool or spa located in a building shall comply with the requirements for entry/exit gates and doors for Class A, Class B, or Class C pool and spa gates and doors in subsections (b), (c), and (d) of this section as applicable.

  (2) Elevator doors are not to be used as entry/exits into the pool or spa yard when the pool or spa is inside a building or accessed from the interior of a building.

  (3) Where separate indoor and outdoor pools and spas are located at the same site, a door or gate may be provided between them if they comply with all the requirements in subsections (b), (c), and (d) of this section for Class A, Class B, and Class C pool and spa gates and doors, as applicable, except that if the gate or door between the indoor and outdoor pool or spa does not provide an exit from the pool or spa yard, that gate or door may open inward into the outdoor pool or spa yard.


Source Note: The provisions of this §265.203 adopted to be effective January 1, 2021, 45 TexReg 9529

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