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The Florida Senate

2004 Florida Statutes

Section 515.25, Florida Statutes 2004

1515.25  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.

1Note.--Section 13, ch. 2001-372, provides that "[t]he Florida Building Commission is authorized to provide for uniform implementation of sections 515.25, 515.27, and 515.29, Florida Statutes, by including standards and criteria in the Florida Building Code for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required in those sections which are consistent with the intent of section 515.23, Florida Statutes. Notwithstanding section 10, the residential swimming pool safety requirements of the Florida Building Code, section 424.2, relating to private swimming pools, of Rule 9B-3.047, Florida Administrative Code, as adopted November 28, 2000, shall take effect January 1, 2002."