Texas has no statewide rule aimed at private above-ground pools, and counties generally cannot regulate them. In unincorporated El Paso County, an above-ground pool built as part of residential construction falls under the International Residential Code adopted through Local Government Code 233, Subchapter F. Inside a city, that city's IRC
No Texas statute singles out private above-ground pools, and outside its Subchapter F program a county has no authority over one- or two-family structures. In unincorporated El Paso County, the International Residential Code adopted under Local Government Code 233, Subchapter F governs residential construction. Its barrier provisions let a pool with walls at least 48 inches high serve as its own barrier if the ladder is removable, lockable, or secured when unattended, with any attached deck gated. Because counties cannot zone, the County imposes no setback, lot-coverage, or use permit. Electrical work is inspected under the adopted code. Inside a city, the municipal IRC and permit govern. A public or shared above-ground pool is regulated by DSHS under Chapter 341.
In the unincorporated county, an above-ground residential pool lacking the IRC barrier or securable ladder fails the Subchapter F inspection. The County cannot cite it for zoning setbacks because counties cannot zone. Inside a city, installing one without the required
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