By: Greenberg H.B. No. 283
73R2308 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to barriers around residential swimming pools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-5 amended by adding Chapter 757 to read as follows:
1-6 CHAPTER 757. BARRIERS AROUND RESIDENTIAL SWIMMING POOLS
1-7 Sec. 757.001. DEFINITIONS. In this chapter:
1-8 (1) "Barrier" means a fence, dwelling wall,
1-9 nondwelling wall, or a combination of fences and walls that
1-10 completely surrounds a swimming pool and obstructs access to the
1-11 swimming pool.
1-12 (2) "Indoor swimming pool" means a swimming pool that
1-13 is totally contained within a building and surrounded on all four
1-14 sides by the walls of the building.
1-15 (3) "Outdoor swimming pool" means a swimming pool that
1-16 is not an indoor swimming pool.
1-17 (4) "Portable spa" means a nonpermanent structure
1-18 intended for recreational bathing in which all controls,
1-19 water-heating, and water-circulating equipment are an integral part
1-20 of the product and that is cord-connected and not permanently
1-21 electrically wired.
1-22 (5) "Residential" means that which is located on the
1-23 premises of a detached one- or two-family dwelling or a one-family
1-24 townhouse not more than three stories high.
2-1 (6) "Swimming pool" means a structure that is intended
2-2 for swimming or recreational bathing and that contains water over
2-3 24 inches deep, including an inground, aboveground, or onground
2-4 swimming pool, a hot tub, and a spa.
2-5 Sec. 757.002. APPLICATION; EXEMPTION. (a) This chapter
2-6 applies only to a swimming pool that is located on the premises of
2-7 a detached one- or two-family dwelling or of a one-family townhouse
2-8 not more than three stories high.
2-9 (b) This chapter does not apply to a portable spa if it has
2-10 a safety cover that complies with the American Society of Testing
2-11 Materials Standard ASTM F1346-91.
2-12 Sec. 757.003. BARRIER AROUND OUTDOOR SWIMMING POOL. An
2-13 outdoor residential swimming pool shall have a barrier that
2-14 complies with Sections 757.004-757.008.
2-15 Sec. 757.004. HEIGHT AND LOCATION OF BARRIER. (a) The top
2-16 of a barrier for an outdoor residential swimming pool shall be at
2-17 least 48 inches above the grade as measured on the side of the
2-18 barrier that faces away from the swimming pool.
2-19 (b) The vertical clearance between the grade and the bottom
2-20 of the barrier may not exceed four inches as measured on the side
2-21 of the barrier that faces away from the swimming pool.
2-22 (c) If the top of a pool structure is above the grade, such
2-23 as an aboveground pool, the barrier may be at ground level or
2-24 mounted on top of the pool structure.
2-25 (d) If a barrier is mounted on top of a pool structure, the
2-26 vertical clearance between the top of the pool structure and the
2-27 bottom of the barrier may not exceed four inches.
3-1 Sec. 757.005. OPENINGS, INDENTATIONS, OR PROTRUSIONS IN
3-2 BARRIER. (a) An opening in a barrier for an outdoor residential
3-3 swimming pool may not be of a size that would allow the passage of
3-4 a sphere that is four inches in diameter.
3-5 (b) A solid barrier that does not have an opening, including
3-6 a masonry or stone wall, may not contain indentations or
3-7 protrusions other than normal construction tolerances and tooled
3-8 masonry joints.
3-9 Sec. 757.006. BARRIER COMPOSED OF HORIZONTAL AND VERTICAL
3-10 MEMBERS. (a) If a barrier for an outdoor residential swimming
3-11 pool is composed of horizontal and vertical members and the
3-12 distance between the tops of the horizontal members is less than 45
3-13 inches:
3-14 (1) the horizontal members shall be located on the
3-15 side of the fence facing the swimming pool;
3-16 (2) spacing between the vertical members may not
3-17 exceed 1-3/4 inches in width; and
3-18 (3) spacing within decorative cutouts may not exceed
3-19 1-3/4 inches in width.
3-20 (b) If a barrier is composed of horizontal and vertical
3-21 members and the distance between the tops of the horizontal members
3-22 is 45 inches or more:
3-23 (1) spacing between vertical members may not exceed
3-24 four inches; and
3-25 (2) spacing within decorative cutouts may not exceed
3-26 1-3/4 inches in width.
3-27 Sec. 757.007. CHAIN LINK FENCE. The mesh size for a chain
4-1 link fence that forms a barrier for an outdoor residential swimming
4-2 pool may not exceed 1-1/4 inch square unless the fence has slats
4-3 fastened at the top or bottom of the fence that reduce the openings
4-4 to not more than 1-3/4 inches.
4-5 Sec. 757.008. BARRIER COMPOSED OF DIAGONAL MEMBERS. If a
4-6 barrier for an outdoor residential swimming pool is composed of
4-7 diagonal members, such as a lattice fence, the opening formed by
4-8 the diagonal members may not exceed 1-3/4 inches.
4-9 Sec. 757.009. GATE THAT PROVIDES ACCESS TO OUTDOOR SWIMMING
4-10 POOL. (a) A gate that provides access to an outdoor residential
4-11 swimming pool shall comply with Sections 757.004-757.008 and shall
4-12 be equipped to accommodate a locking device.
4-13 (b) A gate shall have a self-latching device. In addition,
4-14 a pedestrian access gate shall open outwards away from the swimming
4-15 pool and shall be self-closing.
4-16 (c) If the release mechanism of a self-latching device is
4-17 located less than 54 inches from the bottom of the gate:
4-18 (1) the release mechanism shall be located on the side
4-19 of the gate facing the swimming pool and at least three inches
4-20 below the top of the gate; and
4-21 (2) the gate and barrier may not have an opening
4-22 greater than one-half inch within 18 inches of the release
4-23 mechanism.
4-24 Sec. 757.010. WALL THAT FORMS PART OF BARRIER. (a) This
4-25 section applies to:
4-26 (1) a wall of a dwelling that serves as part of a
4-27 barrier for an outdoor residential swimming pool; and
5-1 (2) each wall surrounding an indoor residential
5-2 swimming pool.
5-3 (b) A door that gives direct access to a swimming pool
5-4 through the wall shall be equipped with an alarm that:
5-5 (1) produces an audible warning when the door and its
5-6 screen, if present, are opened;
5-7 (2) sounds continuously for at least 30 seconds
5-8 immediately after the door is opened;
5-9 (3) has a minimum sound pressure rating of 85 dBa at
5-10 10 feet;
5-11 (4) has a sound that is distinctive from other
5-12 household sounds such as smoke alarms, telephones, and doorbells;
5-13 (5) automatically resets under all conditions; and
5-14 (6) is equipped with manual means, including touchpads
5-15 or switches, to temporarily deactivate the alarm for a single
5-16 opening from either direction.
5-17 (c) The alarm deactivator required under Subsection (b)(6)
5-18 may not allow the deactivation to last for more than 15 seconds.
5-19 The deactivation touchpads or switches shall be located at least 54
5-20 inches above the threshold of the door.
5-21 (d) Subsections (b) and (c) do not apply if:
5-22 (1) the swimming pool has a power safety cover that
5-23 complies with the American Society of Testing Materials Standard
5-24 ASTM F1346-91; or
5-25 (2) there are other means of protecting the swimming
5-26 pool that are at least as protective as the requirements of
5-27 Subsections (b) and (c) and that are authorized by rule adopted by
6-1 the Board of Public Health, such as self-closing mechanisms and
6-2 self-latching devices on a door that has direct access to a
6-3 swimming pool.
6-4 (e) The Board of Public Health shall adopt rules to
6-5 implement Subsection (d)(2).
6-6 Sec. 757.011. ABOVEGROUND POOL LADDERS OR STEPS. (a) If an
6-7 aboveground pool structure is used as a barrier or the barrier is
6-8 mounted on top of the pool structure and the means of access is a
6-9 ladder or steps, the ladder or steps shall be:
6-10 (1) capable of being secured, locked, or removed to
6-11 prevent access; or
6-12 (2) surrounded by a barrier that meets the
6-13 requirements of Sections 757.004-757.010.
6-14 (b) If the ladder or steps are secured, locked, or removed,
6-15 any opening created may not be of a size that would allow the
6-16 passage of a sphere that is four inches in diameter.
6-17 Sec. 757.012. STRUCTURES USED FOR CLIMBING BARRIERS. A
6-18 barrier for a residential swimming pool may not be located in a way
6-19 that allows the use of a permanent structure, equipment, or other
6-20 similar object to climb the barrier.
6-21 SECTION 2. The Board of Public Health shall adopt rules
6-22 under Sections 757.010(d)(2) and (e), Health and Safety Code, as
6-23 added by this Act, not later than December 1, 1993. Until those
6-24 rules are adopted, a person desiring to use other means of
6-25 protecting a swimming pool as authorized by that subdivision shall
6-26 apply to the Board of Public Health for approval of the alternate
6-27 means of protection.
7-1 SECTION 3. This Act takes effect September 1, 1993, and
7-2 applies only to a residential swimming pool for which initial
7-3 construction begins on or after that date.
7-4 SECTION 4. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.