| Preston de Ibern/McKenzie Merriam Residential Swimming
Pool Safety Act
515.21 Short title.
515.23 Legislative findings and intent.
515.25 Definitions.
515.27 Residential swimming pool safety feature
options; penalties.
515.29 Residential swimming pool barrier
requirements.
515.31 Drowning prevention education program; public
information publication.
515.33 Information required to be furnished to
buyers.
515.35 Rulemaking authority.
515.37 Exemptions.
515.21 Short title.-- This chapter may be
cited as the "Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety
Act."
History.--s. 1, ch. 2000-143.
515.23 Legislative findings and intent.-- The
Legislature finds that drowning is the leading cause of death of young children in this
state and is also a significant cause of death for medically frail elderly persons in this
state, that constant adult supervision is the key to accomplishing the objective of
reducing the number of submersion incidents, and that when lapses in supervision occur a
pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming
pool, spa, or hot tub will reduce drowning and near-drowning incidents. In addition to the
incalculable human cost of these submersion incidents, the health care costs, loss of
lifetime productivity, and legal and administrative expenses associated with drownings of
young children and medically frail elderly persons in this state each year and the
lifetime costs for the care and treatment of young children who have suffered brain
disability due to near-drowning incidents each year are enormous. Therefore, it is the
intent of the Legislature that all new residential swimming pools, spas, and hot tubs be
equipped with at least one pool safety feature as specified in this chapter. It is also
the intent of the Legislature that the Department of Health be responsible for producing
its own or adopting a nationally recognized publication that provides the public with
information on drowning prevention and the responsibilities of pool ownership and also for
developing its own or adopting a nationally recognized drowning prevention education
program for the public and for persons violating the pool safety requirements of this
chapter.
History.--s. 1, ch. 2000-143.
515.25 Definitions.-- As used in this chapter,
the term:
(1) "Approved safety pool cover" means a
manually or power-operated safety pool cover that meets all of the performance standards
of the American Society for Testing and Materials (ASTM) in compliance with standard
F1346-91.
(2) "Barrier" means a fence, dwelling wall,
or nondwelling wall, or any combination thereof, which completely surrounds the swimming
pool and obstructs access to the swimming pool, especially access from the residence or
from the yard outside the barrier.
(3) "Department" means the Department of
Health.
(4) "Exit alarm" means a device that makes
audible, continuous alarm sounds when any door or window which permits access from the
residence to any pool area that is without an intervening enclosure is opened or left
ajar.
(5) "Indoor swimming pool" means a swimming
pool that is totally contained within a building and surrounded on all four sides by walls
of or within the building.
(6) "Medically frail elderly person" means
any person who is at least 65 years of age and has a medical problem that affects balance,
vision, or judgment, including, but not limited to, a heart condition, diabetes, or
Alzheimer's disease or any related disorder.
(7) "Outdoor swimming pool" means any
swimming pool that is not an indoor swimming pool.
(8) "Portable spa" means a nonpermanent
structure intended for recreational bathing, in which all controls and water-heating and
water-circulating equipment are an integral part of the product and which is
cord-connected and not permanently electrically wired.
(9) "Public swimming pool" means a swimming
pool, as defined in s. 514.011(2), which is operated, with or without charge, for the use
of the general public; however, the term does not include a swimming pool located on the
grounds of a private residence.
(10) "Residential" means situated on the
premises of a detached one-family or two-family dwelling or a one-family townhouse not
more than three stories high.
(11) "Swimming pool" means any structure,
located in a residential area, that is intended for swimming or recreational bathing and
contains water over 24 inches deep, including, but not limited to, in-ground, aboveground,
and on-ground swimming pools; hot tubs; and nonportable spas.
(12) "Young child" means any person under
the age of 6 years.
History.--s. 1, ch. 2000-143.
515.27 Residential swimming pool safety feature
options; penalties.--
(1) In order to pass final inspection and receive a
certificate of completion, a residential swimming pool must meet at least one of the
following requirements relating to pool safety features:
(a) The pool must be isolated from access to a home
by an enclosure that meets the pool barrier requirements of s. 515.29;
(b) The pool must be equipped with an approved safety
pool cover;
(c) All doors and windows providing direct access
from the home to the pool must be equipped with an exit alarm that has a minimum sound
pressure rating of 85 dB A at 10 feet; or
(d) All doors providing direct access from the home
to the pool must be equipped with a self-closing, self-latching device with a release
mechanism placed no lower than 54 inches above the floor.
(2) A person who fails to equip a new residential
swimming pool with at least one pool safety feature as required in subsection (1) commits
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
except that no penalty shall be imposed if the person, within 45 days after arrest or
issuance of a summons or a notice to appear, has equipped the pool with at least one
safety feature as required in subsection (1) and has attended a drowning prevention
education program established by s. 515.31. However, the requirement of attending a
drowning prevention education program is waived if such program is not offered within 45
days after issuance of the citation.
History.--s. 1, ch. 2000-143.
515.29 Residential swimming pool barrier
requirements.--
(1) A residential swimming pool barrier must have all
of the following characteristics:
(a) The barrier must be at least 4 feet high on the
outside.
(b) The barrier may not have any gaps, openings,
indentations, protrusions, or structural components that could allow a young child to
crawl under, squeeze through, or climb over the barrier.
(c) The barrier must be placed around the perimeter
of the pool and must be separate from any fence, wall, or other enclosure surrounding the
yard unless the fence, wall, or other enclosure or portion thereof is situated on the
perimeter of the pool, is being used as part of the barrier, and meets the barrier
requirements of this section.
(d) The barrier must be placed sufficiently away from
the water's edge to prevent a young child or medically frail elderly person who may have
managed to penetrate the barrier from immediately falling into the water.
(2) The structure of an aboveground swimming pool may
be used as its barrier or the barrier for such a pool may be mounted on top of its
structure; however, such structure or separately mounted barrier must meet all barrier
requirements of this section. In addition, any ladder or steps that are the means of
access to an aboveground pool must be capable of being secured, locked, or removed to
prevent access or must be surrounded by a barrier that meets the requirements of this
section.
(3) Gates that provide access to swimming pools must
open outward away from the pool and be self-closing and equipped with a self-latching
locking device, the release mechanism of which must be located on the pool side of the
gate and so placed that it cannot be reached by a young child over the top or through any
opening or gap.
(4) A wall of a dwelling may serve as part of the
barrier if it does not contain any door or window that opens to provide access to the
swimming pool.
(5) A barrier may not be located in a way that allows
any permanent structure, equipment, or similar object to be used for climbing the barrier.
History.--s. 1, ch. 2000-143.
515.31 Drowning prevention education program;
public information publication.--
(1) The department shall develop a drowning
prevention education program, which shall be made available to the public at the state and
local levels and which shall be required as set forth in s. 515.27(2) for persons in
violation of the pool safety requirements of this chapter. The department may charge a
fee, not to exceed $100, for attendance at such a program. The drowning prevention
education program shall be funded using fee proceeds, state funds appropriated for such
purpose, and grants. The department, in lieu of developing its own program, may adopt a
nationally recognized drowning prevention education program to be approved for use in
local safety education programs, as provided in rule of the department.
(2) The department shall also produce, for
distribution to the public at no charge, a publication that provides information on
drowning prevention and the responsibilities of pool ownership. The department, in lieu of
developing its own publication, may adopt a nationally recognized drowning prevention and
responsibilities of pool ownership publication, as provided in rule of the department.
History.--s. 1, ch. 2000-143.
515.33 Information required to be furnished to
buyers.-- A licensed pool contractor, on entering into an agreement with a buyer to
build a residential swimming pool, or a licensed home builder or developer, on entering
into an agreement with a buyer to build a house that includes a residential swimming pool,
must give the buyer a document containing the requirements of this chapter and a copy of
the publication produced by the department under s. 515.31 that provides information on
drowning prevention and the responsibilities of pool ownership.
History.--s. 1, ch. 2000-143.
515.35 Rulemaking authority.-- The department
shall adopt rules pursuant to the Administrative Procedure Act establishing the fees
required to attend drowning prevention education programs and setting forth the
information required under this chapter to be provided by licensed pool contractors and
licensed home builders or developers.
History.--s. 1, ch. 2000-143.
515.37 Exemptions.-- This chapter does not
apply to:
(1) Any system of sumps, irrigation canals, or
irrigation flood control or drainage works constructed or operated for the purpose of
storing, delivering, distributing, or conveying water.
(2) Stock ponds, storage tanks, livestock operations,
livestock watering troughs, or other structures used in normal agricultural practices.
(3) Public swimming pools.
(4) Any political subdivision that has adopted or
adopts a residential pool safety ordinance, provided the ordinance is equal to or more
stringent than the provisions of this chapter.
(5) Any portable spa with a safety cover that
complies with ASTM F1346-91 (Standard Performance Specification for Safety Covers and
Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs).
(6) Small, temporary pools without motors, which are
commonly referred to or known as "kiddy pools."
History.--s. 1, ch. 2000-143. |
