Bexar County does NOT regulate fencing for single-family residential pools in unincorporated areas. Texas Local Government Code Chapter 233 limits county building permit authority to commercial, public-accessible, and multi-family (4+ unit) structures. Texas Health & Safety Code Chapter 757 (Pool Yard Enclosure Act) imposes 48-inch fencing rules but applies only to multiunit rental complexes and HOA-owned/maintained pools β not detached single-family homes.
Per Bexar County's Code Enforcement office, the County does not have legal authority to regulate single-family residential construction in unincorporated areas; permits are required only for commercial, public-accessible, multi-family residential, pre-built relocations, and substantial improvements to existing buildings (Texas Local Government Code Β§Β§233.061β233.067). Single-family pool fencing is therefore not enforced at the county level outside city limits. State-level Texas Health & Safety Code Chapter 757 requires a pool-yard enclosure of at least 48 inches in height, openings small enough that a 4-inch sphere cannot pass under or through, vertical-member spacing tightening to 1-3/4 inches when horizontal members are less than 45 inches apart, decorative cutouts no larger than 1-3/4 inches, and prohibits chain-link material for enclosures built after January 1, 1994 β but Β§757.002 expressly limits these requirements to multiunit rental complex pools and property-owners-association pools. Inside the City of San Antonio, municipal building code (adopted IRC/IBC) imposes the standard 48-inch barrier with self-closing/self-latching gates on residential pools deeper than 24 inches. Homeowners with HOA pools should confirm their HOA's compliance with Chapter 757.
Single-family violations: no county-level penalty in unincorporated Bexar County. HOA / multiunit complex violations of Chapter 757: civil enforcement under Β§757.012, including injunctive relief and tenant repair-request remedies; non-compliance can be raised as a basis for negligence in drowning litigation.
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