Legal Services

	“A homeowner is installing a pool with no plans to put a fence around it. Can the county do anything? The neighborhood is concerned.”

Does the county have authority to require a fence around private swimming pools?

Within a county of more than 1.3 million population, any swimming pool not protected by a fence is a public nuisance. Additionally, a swimming pool on abandoned or unoccupied property in any county must also be protected. The county has authority under Chapter 343 of the Health & Safety Code to regulate public nuisances by adopting abatement procedures. The swimming pool must be protected with a fence that is at least four feet high with a latched gate that cannot be opened by a child or a cover over the entire pool that cannot be removed by a child. For more information, see our publication Keeping the County Scenic.