| (a) The caregivers must inform children about house
rules for use of the swimming pool and appropriate safety precautions.
Adult supervision and monitoring of safety features must be adequate
to protect children younger than 12 years of age and children of any
age who are not competent swimmers from unsupervised access to the
swimming pool.
(b) The swimming pool must be built and maintained
according to the standards of the Texas Department of State Health
Services and any other applicable state or local regulations.
(c) The swimming pool must have a barrier, including
a fence or wall, that prevents a child's unauthorized access to the
swimming pool. A swimming pool cover does not meet this requirement
unless it is a power safety cover that meets the specifications of
the American Society for Testing Materials, which specifies safety
performance requirements for pool covers.
(d) A fence or wall that is at least four feet high
must enclose the pool area. The fence must be well constructed and
be installed completely around the pool area. The back wall of a house
may serve as one side of the fence or wall as long as the requirements
in subsection (f) of this section are met.
(e) Fence gates leading to the outdoor pool area must
be self-closing and self-latching. Gates must be locked when the pool
is not in use. Keys or locks to open the gate must not be accessible
to children under the age of 12 years old, children of any age who
are not competent swimmers, or any children receiving treatment services.
(f) If the home serves as one side of the fence or
wall, any door that leads from the home to the swimming pool area
must have:
(1) A door alarm; and
(2) A lock that only adults or children over 12 years
old can reach. The lock must be completely out of the reach of children
younger than 12 years old, unless:
(A) the state or local fire authority determines that
the height of the lock violates or would violate the fire code; and
(B) the fire authority's determination is kept in the
foster home record.
(g) Furniture, equipment, or large materials must not
be close enough to the swimming pool area for a child to use them
to gain unauthorized access to the swimming pool.
(h) At least two life-saving devices must be available,
such as a reach pole, backboard, buoy, or a safety throw bag with
a brightly colored buoyant rope or throw line. One additional life-saving
device must be available for each 2,000 square feet of water surface,
so a swimming pool of 2,000 square feet would require three life saving
devices.
(i) Drain grates must be in place, in good repair,
and capable of being removed only with tools.
(j) Caregivers must be able to clearly see all parts
of the swimming pool when supervising activity in the area.
(k) The bottom of the swimming pool must be visible
at all times.
(l) Swimming pool covers must be completely removed
prior to pool use.
(m) An adult must be present who is able to immediately
turn off the pump and filtering system when any child is in the swimming
pool.
(n) Swimming pool chemicals and pumps must be inaccessible
to all children.
(o) Machinery rooms must be locked to keep children
out.
(p) An aboveground swimming pool must:
(1) Be inaccessible to children under the age of 12
years old, children of any age who are not competent swimmers, or
any children receiving treatment services when it is not in use; and
(2) Meet all other requirements in this division.
|
| Source Note: The provisions of this §749.3133 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272 |
