HOUSTON – A recent drowning of a 5-year-old girl at a west Houston apartment complex has sparked the conversation about the safety and accessibility of swimming pools in Houston apartment communities.
According to Houston police, the child left her apartment alone in the middle of the night and made her way to the pool. Another resident discovered her in the water.
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It’s unclear how long she had been there before she was found.
The drowning has prompted questions about the laws and local ordinances that govern apartment complex swimming pools in Texas, and why the pool was easily accessible to a young child.
Texas’ public pool safety requirements
In Texas, swimming pools at apartment complexes are regulated as public swimming pools under state law.
The Texas Department of State Health Services enforces rules that include the following:
- Pool enclosures and barriers: Pools must be surrounded by a fence or barrier at least 48 inches high. Gates must be self-closing and self-latching, with latches at least 42 inches above the ground. Openings in the fence cannot allow a sphere 4 inches in diameter to pass through. There should be no direct access from an apartment to the pool area without passing through a locked gate.
- Locks and access control: Gates must remain locked when the pool is closed. Only authorized persons, such as residents and their guests, should have access. Signs must be posted with pool hours and warnings.
- Signage and safety equipment: Pools must display signs with emergency information, pool rules and warnings about unsupervised children. Safety equipment such as life rings and reaching poles must be available.
Violations for broken gates or fencing around pools
If a child can enter a pool area unsupervised, it may indicate noncompliance with these laws. Common issues include gates left open or not self-latching, broken or inadequate fencing, malfunctioning locks, or lack of supervision and enforcement by property management.
In many drowning cases, investigations reveal that a gate was propped open, a latch was broken or fencing was inadequate. These are violations that can result in fines or even criminal liability for property owners.
What to do if you see broken gates, locks or fencing?
Residents should immediately report any broken gates, locks or fencing to management.
Apartment owners must regularly inspect and maintain all safety barriers and equipment.
Anyone who notices a pool that is not properly secured should report it to the local health department or city code enforcement.
For more information on Texas pool laws, visit the Texas Department of State Health Services Public Swimming Pools & Spas page.