Highlands Pool Rules

NEW POOL RULES

For the Highlands At Westridge

Effective Immediately

Please be advised that the Highlands At Westridge Homeowners Association Board of Directors, has investigated the current age restrictions for pool access and have found the following to be true and therefore have changed the age of access to 14 years old without an adult.  

This means that NO CHILD UNDER THE AGE OF 14 shall be allowed to use the pool facilities without someone 18 years or older. If a child under 14 is in the pool area without an adult present they will be asked to leave the premises as this is an issue of safety only. 

Also in the same manner, anyone, regardless of age, who breaks any of the pool rules will be asked to leave the premises.

We thank you for your cooperation and attention to the safety of all in this matter. Should you have any questions with regard to these new rules please feel free to contact the board at HAWHOA.board@gmail.com

LAWS AND STANDARDS REGARDING THE SAFETY OF CHILDREN AND THE NEW LAWS REGARDING POOL SAFETY.

According to Texas Department of Family and Protective Services, it is considered to be neglectful supervision for a child to be left unsupervised in a place where there is the potential of injury or harm to a child.   See below:

1. What is neglectful supervision?

Answer: When children are not adequately supervised, it may be considered “neglectful supervision”.

Neglectful supervision means "placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child."

According to the Texas Family Code, Title 5. The Parent-Child Relationship And The Suit Affecting The Parent-Child Relationship, Subtitle E. Protection of the Child, Chapter 261., Subchapter A., Sec. 261.001. Definitions. 

(4)   "Neglect":

(A)  includes:

(i)  the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

(ii)  the following acts or omissions by a person:

(a)  placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

According to the Texas Family Code, Title 5. The Parent-Child Relationship And The Suit Affecting The Parent-Child Relationship, Subtitle A., Chapter 101. Definitions – A child is defined as a person under 18 – see below:

Sec. 101.003.   CHILD OR MINOR;  ADULT.  (a)   "Child" or "minor" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.

According to the State of Texas Health And Safety Code Title 5., Subtitle A. Chapter 341., Subchapter A.  Sec. 341.0645.  POOL SAFETY.  

(a)  An owner, manager, operator, or other attendant in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, water park, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards adopted under this section.

(b)  The executive commissioner shall adopt by rule pool safety standards necessary to prevent drowning.  The standards must be at least as stringent as those imposed under the federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Section 8001 et seq.).