Backyard swimming pools are a staple in the swelter Texas summers. However, they can also be dangerous when Texas pool fence laws aren’t followed. Texas law sets clear requirements for pool fencing to help prevent tragic accidents, especially those involving children. When property owners fail to properly follow these rules, the consequences can be devastating.
Families whose children were seriously injured or lost their lives due to negligent pool safety deserve answers. If your child was hurt in or around a swimming pool with a broken or missing fence, you may have legal options.
Why is Drowning is a Leading Concern for Parents?
Around 900 children and adolescents ages 0-10 die from unintentional drownings each year. This averages to about 3 deaths per day—with children ages 1-4 being particularly vulnerable. In fact, drowning is the leading cause of death for children under the age of four. For this reason, Texas and most Texas cities have common sense laws around pool fences to protect children from unintentional drowning in swimming pools.
Examples of Municipal Fence Regulations
Austin
Austin generally follows Texas state requirements, which call for fences to be at least four feet tall and gates that are self-closing, self-latching, and open away from the pool. Latches must be installed at a height that young children cannot reach, typically around 54 inches.
Dallas
Dallas pool fencing requirements are stricter than the state’s baseline. Residential pools must be enclosed by a fence at least six feet tall, with no gaps larger than four inches. The city also mandates pool alarms on any doors or windows leading from a home directly into the pool area. A permit is required for fences over six feet in height.
Houston
Houston enforces the statewide four-foot minimum for fencing but adds its own layers of safety. Homeowners are required to post signage around pools reminding guests not to swim without supervision. These extra precautions aim to prevent accidental drownings, especially in residential settings.
San Antonio
In San Antonio, residential pool fences must be at least 48 inches tall. Gates must open away from the pool, be self-closing, and have a self-latching mechanism. The latch should be either at least 54 inches above the ground or placed on the pool side of the gate in a way that makes it inaccessible to small children. Doors and windows that lead from the home into the pool area must be equipped with alarms and self-latching devices. Additionally, any pool installed in San Antonio must follow local setback rules, requiring a certain distance between the pool and property lines.
Killeen
While Killeen follows Texas state minimums for pool fencing, the city emphasizes the importance of using secure, non-climbable materials. If chain-link fencing is used, it should have mesh openings small enough to prevent climbing or should be fitted with vertical slats to limit gaps. Gates must be self-closing, self-latching, and include locking hardware. Although Killeen does not publish specific residential pool fencing laws, these safety measures are typically enforced through general building code standards.
Lubbock
Lubbock applies both state requirements and national pool safety standards to residential and public pools. Any fence surrounding a pool must be at least four feet tall and constructed without climbable elements. Gates should be self-closing and self-latching, opening away from the pool. If part of the home forms the pool enclosure, doors and windows that provide access must have alarms or other safety devices installed. Fencing over seven feet tall requires a city permit, so homeowners should be sure their plans meet both safety and permitting standards.
Waco
Waco has stricter pool fencing rules than some other Texas cities. For residential pools that hold more than 24 inches of water, fences must be at least six feet tall. The city enforces the International Pool and Spa Code, which includes requirements for gate functionality, barrier spacing, and door alarms. Any gate must be self-closing and self-latching. Additionally, windows or doors that lead directly to the pool area must either have childproof locks, alarms, or be permanently secured to prevent unsupervised access.
Why City-Specific Pool Laws Matter
Understanding and following your city’s pool fence laws isn’t just about compliance—it’s about protecting lives. A broken gate, missing alarm, or improperly sized fence can lead to catastrophic consequences. When injuries or fatalities occur due to non-compliant pool enclosures, homeowners, landlords, and property managers can be held legally responsible.
If your child was injured or drowned because of a pool that didn’t meet local safety requirements, you may have grounds for legal action. A lawsuit can help hold negligent parties accountable and provide financial support for your family’s recovery.
The Carlson Law Firm is here to help. Call 833-4-CARLSON to speak with a Texas pool accident attorney.
Texas Pool Fence Laws: What the Law Requires
Texas Healthy and Safety Code § 757 outlines specific rules for pool enclosures to prevent unauthorized or unsupervised access. This law is in place especially to protect young children.
According to the Texas code, the key legal requirements for pool fences are as follows:
- Minimum height. Fences must be at least 48 inches tall
- No large gaps. Openings must be less than 4 inches to prevent from squeezing through.
- Gate requirements. Gates must be self-closing and self-latching, with the latch placed at least 54 inches from the ground.
- No easy footholds. Fences should not have features like horizontal rails or decorative cutouts that would make them easy to climb.
These requirements apply to most private pools, including those at rental properties and apartment complexes. Public pools must follow similar safety rules under both state and local ordinances.
Rules for Doors and Windows Leading to Pools
When a home provides direct access to a pool—through doors or low windows—additional safety measures must be in place:
Exterior doors that open to the pool area must have a keyless deadbolt positioned at least 36 inches above the floor.
French doors must include independent locks on each door, while sliding glass doors should use a pin-style or bar lock.
Windows that provide pool access should be permanently sealed or barred to prevent entry.
Texas Pool Fence Law Alarm Requirements
For pools where a wall of the home acts as part of the barrier, Texas law requires alarms on all doors and windows that lead to the pool. These alarms must have a bypass button placed high enough to be inaccessible to young children.
If your child was able to access a pool because of a defective fence or an improperly secured pool, our personal injury attorneys may be able to help. Schedule a free consultation with a Texas pool accident attorney.
Above-Ground Pools: Still Covered by Safety Laws
Temporary or above-ground pools aren’t exempt. In most Texas cities, including Houston, fences are required around any pool capable of holding more than 24 inches of water. Even if fencing isn’t explicitly required by local code, removable ladders or secured access points are often mandatory to restrict unsupervised use.
What Happens if a Fence is Broken and a Child Gets in?
Swimming pools are what are considered an attractive nuisance. Pool owners have a legal duty to make their property reasonably safe, especially when children are likely to be nearby. If a fence is broken, missing, or doesn’t meet code, the risk of accidental drowning increases dramatically.
In these cases, families may be able to file a premises liability lawsuit for negligence.
- The pool fence was not compliant with Texas law
- The gate was unlocked, broken, or propped open
- The property owner ignored maintenance or safety complaints
- A child was injured or drowned due to unrestricted access
If your child was seriously hurt or drowned in an unsecured pool, you may be able to secure compensation from a homeowner’s insurance policy. Schedule a free consultation with a qualified Texas pool accident attorney today at 833-4-CARLSON.
Can I Sue For a Child Drowning in an Unsafe Pool in Texas?
When a child drowns or suffers serious injuries because of a broken or missing pool fence, families may have grounds to take legal action. In Texas, property owners have a responsibility to follow state and local safety laws. If they fail to do so and a child is harmed as a result, they may be held legally responsible.
A lawsuit can help families recover damages for medical expenses, funeral costs, emotional pain, and other losses. At The Carlson Law Firm, we work with families to hold negligent property owners accountable and pursue the justice they deserve.
Call 833-4-CARLSON to speak with a Texas pool accident attorney.
Don’t Wait. Legal Deadlines Apply.
In Texas, you typically have two years to file a wrongful death or injury claim. However, evidence such as security footage or maintenance records can disappear quickly. The sooner you speak with a Texas pool accident attorney, the better your rights can be protected.
