SECTION 749.3133. What are the requirements for a swimming pool at a foster home?

(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