26 Tex. Admin. Code § 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.
Notes
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No prior version found.