Montgomery County pools must meet TX Health & Safety Code Ch. 757 barrier rules: 48-inch fence, self-closing/self-latching gates, openings under 4 inches. Conroe enforces ISPSC 2021 via Code Ch. 18. State law overrides HOA restrictions.
Texas Health & Safety Code Chapter 757 (Pool Yard Enclosures) sets statewide minimum barrier standards enforceable by the county and municipalities. Barriers must be at least 48 inches tall, with no openings allowing a 4-inch sphere, gaps under the fence no more than 2 inches, and self-closing/self-latching gates with latches 54+ inches above grade opening away from the pool. Horizontal rails less than 45 inches apart must be on the pool side. The City of Conroe adopts the 2021 International Swimming Pool and Spa Code (ISPSC) via Code Ch. 18, requiring building and electrical permits and a barrier inspection before fill. Montgomery County cannot require pool permits in unincorporated areas but §757 applies statewide. The Woodlands residential DSP mandates barrier compliance plus architectural review. Walden, Bentwater, and April Sound POAs commonly require a 5-foot barrier. Door alarms on house walls serving as barriers must comply with UL 2017.
Conroe non-compliant barriers: stop-fill order, $200-$2,000/day fine, pool drained until compliance. Drowning liability under Texas attractive nuisance doctrine. H&S §757.003 class C misdemeanor for enclosure violations.
Montgomery County, TX
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