CHAPTER 757. POOL YARD ENCLOSURES

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HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 757. POOL YARD ENCLOSURES

Sec. 757.001. DEFINITIONS. In this chapter:

(1) "Self-closing and self-latching device" means a device that

causes a gate to automatically close without human or electrical

power after it has been opened and to automatically latch without

human or electrical power when the gate closes.

(2) "Doorknob lock" means a lock that is in a doorknob and that

is operated from the exterior by a key, card, or combination and

from the interior without a key, card, or combination.

(3) "Dwelling" or "rental dwelling" means one or more rooms

rented to one or more tenants for use as a permanent residence

under a lease. The term does not include a room rented to

overnight guests.

(4) "French doors" means double doors, sometimes called

double-hinged patio doors, that provide access from a dwelling

interior to the exterior and in which each of the two doors are

hinged and closable so that the edge of one door closes

immediately adjacent to the edge of the other door with no

partition between the doors. "French door" means either one of

the two doors.

(5) "Keyed dead bolt" means a door lock that is not in the

doorknob, that locks by a bolt in the doorjamb, that has a bolt

with at least a one-inch throw if installed after September 1,

1993, and that is operated from the exterior by a key, card, or

combination and operated from the interior by a knob or lever

without a key, card, or combination. The term includes a doorknob

lock that contains a bolt with at least a one-inch throw.

(6)(A) "Keyless bolting device" means a door lock not in the

doorknob that locks:

(i) with a bolt with a one-inch throw into a strike plate

screwed into the portion of the doorjamb surface that faces the

edge of the door when the door is closed or into a metal doorjamb

that serves as the strike plate, operable only by knob or lever

from the door's interior and not in any manner from the door's

exterior, and that is commonly known as a keyless dead bolt;

(ii) by a drop bolt system operated by placing a central metal

plate over a metal doorjamb restraint which protrudes from the

doorjamb and which is affixed to the doorjamb frame by means of

three case-hardened screws at least three inches in length. One

half of the central plate must overlap the interior surface of

the door and the other half of the central plate must overlap the

doorjamb when the plate is placed over the doorjamb restraint.

The drop bolt system must prevent the door from being opened

unless the central plate is lifted off of the doorjamb restraint

by a person who is on the interior side of the door; or

(iii) by a metal bar or metal tube that is placed across the

entire interior side of the door and secured in place at each end

of the bar or tube by heavy-duty metal screw hooks. The screw

hooks must be at least three inches in length and must be screwed

into the door frame stud or wall stud on each side of the door.

The bar or tube must be capable of being secured to both of the

screw hooks and must be permanently attached in some way to the

door frame stud or wall stud. When secured to the screw hooks,

the bar or tube must prevent the door from being opened unless

the bar or tube is removed by a person who is on the interior

side of the door.

(B) The term does not include a chain latch, flip latch,

surface-mounted slide bolt, mortise door bolt, surface-mounted

barrel bolt, surface-mounted swing bar door guard, spring-loaded

nightlatch, foot bolt, or other lock or latch.

(7) "Multiunit rental complex" means two or more dwelling units

in one or more buildings that are under common ownership, managed

by the same owner, managing agent, or management company, and

located on the same lot or tract of land or adjacent lots or

tracts of land. The term includes a condominium project. The term

does not include:

(A) a facility primarily renting rooms to overnight guests; or

(B) a single-family home or adjacent single-family homes that

are not part of a condominium project.

(8) "Pool" means a permanent swimming pool, permanent wading or

reflection pool, or permanent hot tub or spa over 18 inches deep,

located at ground level, above ground, below ground, or indoors.

(9) "Pool yard" means an area that contains a pool.

(10) "Pool yard enclosure" or "enclosure" means a fence, wall,

or combination of fences, walls, gates, windows, or doors that

completely surround a pool.

(11) "Property owners association" means an association of

property owners for a residential subdivision, condominium,

cooperative, town home project, or other project involving

residential dwellings.

(12) "Sliding door handle latch" means a latch or lock that is

near the handle on a sliding glass door, that is operated with or

without a key, and that is designed to prevent the door from

being opened.

(13) "Sliding door pin lock" means a pin or rod that is inserted

from the interior side of a sliding glass door at the side

opposite the door's handle and that is designed to prevent the

door from being opened or lifted.

(14) "Sliding door security bar" means a bar or rod that can be

placed at the bottom of or across the interior side of the fixed

panel of a sliding glass door and that is designed to prevent the

sliding panel of the door from being opened.

(15) "Tenant" means a person who is obligated to pay rent or

other consideration and who is authorized to occupy a dwelling,

to the exclusion of others, under a verbal or written lease or

rental agreement.

(16) "Window latch" means a device on a window or window screen

that prevents the window or window screen from being opened and

that is operated without a key and only from the interior.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.002. APPLICATION. This chapter applies only to:

(1) a pool owned, controlled, or maintained by the owner of a

multiunit rental complex or by a property owners association; and

(2) doors and windows of rental dwellings opening into the pool

yard of a multiunit rental complex or condominium, cooperative,

or town home project.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.003. ENCLOSURE FOR POOL YARD. (a) Except as otherwise

provided by Section 757.005, the owner of a multiunit rental

complex with a pool or a property owners association that owns,

controls, or maintains a pool shall completely enclose the pool

yard with a pool yard enclosure.

(b) The height of the pool yard enclosure must be at least 48

inches as measured from the ground on the side away from the

pool.

sphere four inches in diameter to pass under the pool yard

enclosure.

(d) If the pool yard enclosure is constructed with horizontal

and vertical members and the distance between the tops of the

horizontal members is at least 45 inches, the openings may not

allow a sphere four inches in diameter to pass through the

enclosure.

(e) If the pool yard enclosure is constructed with horizontal

and vertical members and the distance between the tops of the

horizontal members is less than 45 inches, the openings may not

allow a sphere 1-3/4 inches in diameter to pass through the

enclosure.

(f) The use of chain link fencing materials is prohibited

entirely for a new pool yard enclosure that is constructed after

January 1, 1994. The use of diagonal fencing members that are

lower than 49 inches above the ground is prohibited for a new

pool yard enclosure that is constructed after January 1, 1994.

(g) Decorative designs or cutouts on or in the pool yard

enclosure may not contain any openings greater than 1-3/4 inches

in any direction.

(h) Indentations or protrusions in a solid pool yard enclosure

without any openings may not be greater than normal construction

tolerances and tooled masonry joints on the side away from the

pool.

(i) Permanent equipment or structures may not be constructed or

placed in a manner that makes them readily available for climbing

over the pool yard enclosure.

(j) The wall of a building may be part of the pool yard

enclosure only if the doors and windows in the wall comply with

Sections 757.006 and 757.007.

(k) The owner of a multiunit rental complex with a pool or a

property owners association that owns, controls, or maintains a

pool is not required to:

(1) build a pool yard enclosure at specified locations or

distances from the pool other than distances for minimum walkways

around the pool; or

(2) conform secondary pool yard enclosures, located inside or

outside the primary pool yard enclosure, to the requirements of

this chapter.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.004. GATES. (a) Except as otherwise provided by

Section 757.005, a gate in a fence or wall enclosing a pool yard

as required by Section 757.003 must:

(1) have a self-closing and self-latching device;

(2) have hardware enabling it to be locked, at the option of

whoever controls the gate, by a padlock or a built-in lock

operated by key, card, or combination; and

(3) open outward away from the pool yard.

(b) Except as otherwise provided by Subsection (c) and Section

757.005, a gate latch must be installed so that it is at least 60

inches above the ground, except that it may be installed lower

if:

(1) the latch is installed on the pool yard side of the gate

only and is at least three inches below the top of the gate; and

(2) the gate or enclosure has no opening greater than one-half

inch in any direction within 18 inches from the latch, including

the space between the gate and the gate post to which the gate

latches.

ground if the gate cannot be opened except by key, card, or

combination on both sides of the gate.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.005. EXISTING POOL YARD ENCLOSURES. (a) If a pool

yard enclosure is constructed or modified before January 1, 1994,

and no municipal ordinance containing standards for pool yard

enclosures were applicable at the time of construction or

modification, the enclosure must comply with the requirements of

Sections 757.003 and 757.004, except that:

(1) if the enclosure is constructed with chain link metal

fencing material, the openings in the enclosure may not allow a

sphere 2-1/4 inches in diameter to pass through the enclosure; or

(2) if the enclosure is constructed with horizontal and vertical

members and the distance between the tops of the horizontal

members is at least 36 inches, the openings in the enclosure may

not allow a sphere four inches in diameter to pass through the

enclosure.

(b) If a pool yard enclosure is constructed or modified before

January 1, 1994, and if the enclosure is in compliance with

applicable municipal ordinances existing on January 1, 1994, and

containing standards for pool yard enclosures, Sections 757.003,

757.004(a)(3), and 757.004(b) do not apply to the enclosure.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.006. DOOR. (a) A door, sliding glass door, or French

door may not open directly into a pool yard if the date of

electrical service for initial construction of the building or

pool is on or after January 1, 1994.

(b) A door, sliding glass door, or French door may open directly

into a pool yard if the date of electrical service for initial

construction of the building or pool is before January 1, 1994,

and the pool yard enclosure complies with Subsection (c), (d), or

(e), as applicable.

screen door, opens into the pool yard, the door must have a:

(1) latch that automatically engages when the door is closed;

(2) spring-loaded door-hinge pin, automatic door closer, or

similar device to cause the door to close automatically; and

(3) keyless bolting device that is installed not less than 36

inches or more than 48 inches above the interior floor.

(d) If French doors of a building open to the pool yard, one of

the French doors must comply with Subsection (c)(1) and the other

door must have:

(1) a keyed dead bolt or keyless bolting device capable of

insertion into the doorjamb above the door, and a keyless bolting

device capable of insertion into the floor or threshold; or

(2) a bolt with at least a 3/4-inch throw installed inside the

door and operated from the edge of the door that is capable of

insertion into the doorjamb above the door and another bolt with

at least a 3/4-inch throw installed inside the door and operated

from the edge of the door that is capable of insertion into the

floor or threshold.

(e) If a sliding glass door of a building opens into the pool

yard, the sliding glass door must have:

(1) a sliding door handle latch or sliding door security bar

that is installed not more than 48 inches above the interior

floor; and

(2) a sliding door pin lock that is installed not more than 48

inches above the interior floor.

(f) A door, sliding glass door, or French door that opens into a

pool yard from an area of a building that is not used by

residents and that has no access to an area outside the pool yard

is not required to have a lock, latch, dead bolt, or keyless

bolting device.

(g) A keyed dead bolt, keyless bolting device, sliding door pin

lock, or sliding door security bar installed before September 1,

1993, may be installed not more than 54 inches from the floor.

(h) A keyed dead bolt or keyless dead bolt, as described by

Section 757.001(6)(A)(i), installed in a dwelling on or after

September 1, 1993, must have a bolt with a throw of not less than

one inch.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.007. WINDOW AND WINDOW SCREENS. A wall of a building

constructed before January 1, 1994, may not be used as part of a

pool yard enclosure unless each window in the wall has a latch

and unless each window screen on a window in the wall is affixed

by a window screen latch, screws, or similar means. This section

does not require the installation of window screens. A wall of a

building constructed on or after January 1, 1994, may not be used

as part of a pool yard enclosure unless each ground floor window

in the wall is permanently closed and unable to be opened.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.008. BUILDING IN POOL YARD. Each door, sliding glass

door, window, and window screen of each dwelling unit in a

residential building located in the enclosed pool yard must

comply with Sections 757.006 and 757.007.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.009. INSPECTION, REPAIR, AND MAINTENANCE. (a) An

owner of a multiunit rental complex or a rental dwelling in a

condominium, cooperative, or town home project with a pool or a

property owners association that owns, controls, or maintains a

pool shall exercise ordinary and reasonable care to inspect,

maintain, repair, and keep in good working order the pool yard

enclosures, gates, and self-closing and self-latching devices

required by this chapter and within the control of the owner or

property owners association.

(b) An owner of a multiunit rental complex or a rental dwelling

in a condominium, cooperative, or town home project with a pool

or a property owners association that owns, controls, or

maintains a pool shall exercise ordinary and reasonable care to

maintain, repair, and keep in good working order the window

latches, sliding door handle latches, sliding door pin locks, and

sliding door security bars required by this chapter and within

the control of the owner or property owners association after

request or notice from the tenant that those devices are

malfunctioning or in need of repair or replacement. A request or

notice under this subsection may be given orally unless a written

lease applicable to the tenant or written rules governing the

property owners association require the request or notice to be

in writing. The requirement in the lease or rules must be in

capital letters and underlined or in 10-point boldfaced print.

in a condominium, cooperative, or town home project with a pool

or a property owners association that owns, controls, or

maintains a pool shall inspect the pool yard enclosures, gates,

and self-closing and self-latching devices on gates no less than

once every 31 days.

(d) An owner's or property owners association's duty of

inspection, repair, and maintenance under this section may not be

waived under any circumstances and may not be enlarged except by

written agreement with a tenant or occupant of a multiunit rental

complex or a member of a property owners association or as may be

otherwise allowed by this chapter.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.010. COMPLIANCE WITH CHAPTER. (a) Except as provided

by Subsection (b) and Section 757.011, a person who constructs or

modifies a pool yard enclosure to conform with this chapter may

not be required to construct the enclosure differently by a local

governmental entity, common law, or any other law.

(b) An owner of a multiunit rental complex or a rental dwelling

in a condominium, cooperative, or town home project with a pool

or a property owners association that owns, controls, or

maintains a pool may, at the person's option, exceed the

standards of this chapter or those adopted by the Texas Board of

Health under Section 757.011. A tenant or occupant in a multiunit

rental complex and a member of a property owners association may,

by express written agreement, require the owner of the complex or

the association to exceed those standards.

height requirements for pool yard enclosures if the requirements

exist under the municipality's ordinances on January 1, 1994.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.011. AUTHORITY OF TEXAS BOARD OF HEALTH. The Texas

Board of Health may adopt rules requiring standards for design

and construction of pool yard enclosures that exceed the

requirements of this chapter and that apply to all pools and pool

yards subject to this chapter. An owner of a multiunit rental

complex or a rental dwelling in a condominium, cooperative, or

town home project with a pool or a property owners association

that owns, controls, or maintains a pool shall comply with and

shall be liable for failure to comply with those rules to the

same extent as if they were part of this chapter.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.012. ENFORCEMENT. (a) A tenant of an owner of a

multiunit rental complex, a member of a property owners

association, a governmental entity, or any other person or the

person's representative may maintain an action against the owner

or property owners association for failure to comply with the

requirements of this chapter. In that action, the person may

obtain:

(1) a court order directing the owner or property owners

association to comply with this chapter;

(2) a judgment against the owner or property owners association

for actual damages resulting from the failure to comply with the

requirements of this chapter;

(3) a judgment against the owner or property owners association

for punitive damages resulting from the failure to comply with

the requirements of this chapter if the actual damages to the

person were caused by the owner's or property owners

association's intentional, malicious, or grossly negligent

actions;

(4) a judgment against the owner or property owners association

for actual damages, and if appropriate, punitive damages, where

the owner or association was in compliance with this chapter at

the time of the pool-related damaging event but was consciously

indifferent to access being repeatedly gained to the pool yard by

unauthorized persons; or

(5) a judgment against the owner or property owners association

for a civil penalty of not more than $5,000 if the owner or

property owners association fails to comply with this chapter

within a reasonable time after written notice by a tenant of the

multiunit rental complex or a member of the property owners

association.

(b) A court may award reasonable attorney fees and costs to the

prevailing party in an action brought under Subsection (a)(5).

municipality, or a county having jurisdiction may enforce this

chapter by any lawful means, including inspections, permits,

fees, civil fines, criminal prosecutions, injunctions, and, after

required notice, governmental construction or repair of pool yard

enclosures that do not exist or that do not comply with this

chapter.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.013. TENANT'S REQUEST FOR REPAIRS. A tenant in a

multiunit rental complex with a pool may verbally request repair

of a keyed dead bolt, keyless bolting device, sliding door latch,

sliding door pin lock, sliding door security bar, window latch,

or window screen latch unless a provision of a written lease

executed by the tenant requires that the request be made in

writing and the provision is in capital letters and underlined or

in 10-point boldfaced print. A request for repair may be given to

the owner or the owner's managing agent.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.014. APPLICATION TO OTHER BODIES OF WATER AND RELATED

FACILITIES. The owner of a multiunit rental complex or a

property owners association is not required to enclose a body of

water or construct barriers between the owner's or property

owners association's property and a body of water such as an

ocean, bay, lake, pond, bayou, river, creek, stream, spring,

reservoir, stock tank, culvert, drainage ditch, detention pond,

or other flood or drainage facility.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.015. EFFECT ON OTHER LAWS. (a) The duties established

by this chapter for an owner of a multiunit dwelling project, an

owner of a dwelling in a condominium, cooperative, or town home

project, and a property owners association supersede those

established by common law, the Property Code, the Health and

Safety Code, the Local Government Code other than Section

214.101, and local ordinances relating to duties to inspect,

install, repair, or maintain:

(1) pool yard enclosures;

(2) pool yard enclosure gates and gate latches, including

self-closing and self-latching devices;

(3) keyed dead bolts, keyless bolting devices, sliding door

handle latches, sliding door security bars, self-latching and

self-closing devices, and sliding door pin locks on doors that

open into a pool yard area and that are owned and controlled by

the owner or property owners association; and

(4) latches on windows that open into a pool yard area and that

are owned and controlled by the owner or property owners

association.

(b) This chapter does not affect any duties of a rental dwelling

owner, lessor, sublessor, management company, or managing agent

under Subchapter D, Chapter 92, Property Code.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.016. NONEXCLUSIVE REMEDIES. The remedies contained in

this chapter are not exclusive and are not intended to affect

existing remedies allowed by law or other procedure.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

Sec. 757.017. INTERPRETATION AND APPLICATION. The provisions of

this chapter shall be liberally construed to promote its

underlying purpose which is to prevent swimming pool deaths and

injuries in this state.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1,

1994.

State Codes and Statutes

State Codes and Statutes

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