SECTION 748.3603. What are the additional requirements for a swimming pool located at my operation?

(a) The swimming pool must be built and maintained according to the standards of the Department of State Health Services and any other applicable state or local regulations.

(b) An adult must be present who is able to immediately turn off the pump and filtering system when any child is in a swimming pool.

(c) If the swimming pool is aboveground, it must meet all swimming pool safety requirements specified in this subchapter and have a barrier that prevents a child's unauthorized access to the swimming pool.

(d) Outdoor swimming pools must be enclosed with a six-foot fence or wall that prevents children's access to the swimming pool. It must be constructed so that the fence or wall does not obscure the swimming pool from view.

(e) Doors, operable windows, or gates of living quarters must not be part of the swimming pool enclosure for outdoor swimming pools.

(f) Fence gates leading to the outdoor swimming pool area must have self-closing and self-latching hardware located at least 60 inches from the ground and must be locked when the swimming pool is not in use. An indoor swimming pool must be secured at all times to prevent children's access to the swimming pool when a lifeguard is not on duty.

(g) Fence gates must open outward away from the swimming pool and must not be propped open.

(h) The space between the ground and the bottom of the fence must not exceed four inches.

(i) When a fence is made of horizontal and vertical slats, the horizontal slats must be located on the swimming pool side of the fence.

(j) Doors from the operation leading to the swimming pool area must have a lock that can only be opened by an adult, unless:

(1) the state or local fire authority determines that the height of the lock violates or would violate the fire code; and

(2) you have documentation of the fire authority's determination on file.

(k) The doors and fence gates leading to or through the swimming pool area must not be designated as fire and emergency evacuation exits.

(l) The drain grates, vacuum outlets, and skimmer covers that must be in place, must also be in good repair, and not be able to be removed without using tools.

(m) All indoor/outdoor areas within 50 feet outside of the fence around the swimming pool must be free of furniture and equipment that a child could use to gain unauthorized access to the swimming pool.

Source Note: The provisions of this §748.3603 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective January 1, 2017, 41 TexReg 10393; 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 2248