| 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 drowning's 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
non dwelling 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 non portable 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.
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