Texas Laws for Wood Fence Pool Structures

Rental Properties

• Apartment complexes and other rental units that have a communal swimming pool must adhere to Texas laws. The Texas Health and Safety Code requires that the owner of the complex add a fence that is a minimum of 48 inches tall. The fence cannot sit more than four inches above the ground. A fence of this size is too tall for small children to climb over or under. The owner of the complex is responsible for ensuring the maintenance and upkeep of the fence.

Home Swimming Pool Regulations

• According to Title 9 of the Texas Health and Safety Code, anyone that owns a swimming pool must have some type of fence surrounding the pool. The fence must stand at least 48 inches, whether you choose a wood fence or another type of fence. Privacy fences are typically taller than 48 inches, which makes the fences appropriate under the law. The state also gives individual municipalities the right to change the standard size requirement. Check with your city or town, as your requirements might be slightly taller.

Responsibility

• Once you build a wood fence around your pool, the enclosure becomes your responsibility. You must ensure that the fence is standing and that no part is missing or broken. The enclosure must also completely surround the pool or surround your property. You cannot build a fence that encloses only one side of the pool, with another side of the pool open on the street or open to your neighbor's property. The law also requires that the fence have some type of locking gate to access the street from the pool.

Warning

• Your city or town has the right to send an inspector to your home and check on the fence or pool enclosure. If the inspector determines that your fence does not meet the minimum regulations, then you are required by law to make any changes and bring the structure up to code. Your neighbors may also contact the city and ask for an inspection, especially if they feel the structure is not up to code or if the fence needs repairs.