Brazos County does NOT regulate fencing for single-family residential pools in unincorporated areas. Texas Local Government Code Β§233.153 prohibits counties from requiring prior approval of new residential construction or adopting zoning. Texas Health & Safety Code Chapter 757 (Pool Yard Enclosure Act) imposes a 48-inch enclosure requirement, but Β§757.002 limits its application to multiunit rental complexes and HOA-owned pools β not detached single-family homes. Inside Bryan and College Station, city building codes apply.
Brazos County has no residential pool barrier ordinance for single-family homes in unincorporated areas because Texas Local Government Code Β§233.153 prohibits the county from requiring prior approval before new residential construction begins, adopting zoning under that subchapter, or charging enforcement fees. Texas Health & Safety Code Β§757.003 imposes a state-level pool-yard enclosure standard of at least 48 inches measured from the ground on the side away from the pool, with openings small enough that a 4-inch sphere cannot pass through (1.75 inches for some configurations), prohibits chain-link fencing for enclosures built after January 1, 1994, and prohibits diagonal members below 49 inches in newer construction. Crucially, Β§757.002 limits these requirements to multiunit rental complex pools and pools owned, controlled, or maintained by a property owners association β not single-family homes. Inside the City of College Station and the City of Bryan, the adopted International Residential Code (Appendix G) applies and requires a 48-inch barrier with self-closing/self-latching gates on residential pools more than 24 inches deep. Homeowners with HOA pools should confirm Chapter 757 compliance, and short-term-rental hosts should verify pool barriers meet city code where applicable.
Single-family violations: no county-level penalty in unincorporated Brazos County. HOA / multiunit complex violations of Chapter 757: civil enforcement under Β§757.012, including injunctive relief; non-compliance can be raised as a basis for negligence in drowning litigation. City code violations inside Bryan / College Station: civil municipal penalties up to $500 per day plus stop-work orders.
Brazos County, TX
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