House Bill 0385

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    Florida House of Representatives - 1999                 HB 385

        By Representatives Wasserman Schultz, Edwards, Ritter,
    Sobel, Greenstein, Henriquez and Gottlieb





  1                      A bill to be entitled

  2         An act relating to residential swimming pools,

  3         spas, and hot tubs; creating ch. 515, F.S., the

  4         "Florida Residential Swimming Pool Safety Act";

  5         providing legislative findings and intent;

  6         providing definitions; providing pool safety

  7         feature requirements and options; providing

  8         penalties; providing pool barrier requirements;

  9         providing for a drowning prevention education

10         program and a public information publication;

11         providing for a fee; requiring pool

12         contractors, home builders, and developers to

13         provide buyers with certain information;

14         providing rulemaking authority; providing

15         exemptions; providing an effective date.

16

17         WHEREAS, drowning is the leading cause of death for

18  young children in Florida, with 420 children ages 1-4 years

19  drowning in Florida between 1992-1997, 268 of whom drowned at

20  home and 208 of these drowned in swimming pools at home, and

21         WHEREAS, for every young child who dies from drowning,

22  four suffer brain injury from near-drowning incidents, and

23         WHEREAS, advances in medical technology are allowing

24  more near-drowning victims to survive, but many are surviving

25  with serious permanent neurological damage, and

26         WHEREAS, although supervision is one of the keys to

27  accomplishing the objective of reducing the number of

28  submersion incidents, it is well known that at times children

29  do the unexpected, catching their supervisors off guard, and

30         WHEREAS, the United States Consumer Product Safety

31  Commission found, in a study of drowning and near-drowning

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  1  incidents, that the majority of victims lived in or were

  2  visiting the residence where the drowning occurred, that less

  3  than 2 percent of the submersions occurred when a child

  4  trespassed on the property, and that most of the victims were

  5  either near or in the residence immediately prior to the

  6  incident and reached the pool unnoticed, and

  7         WHEREAS, in addition to the incalculable human cost of

  8  these tragic incidents, drownings of young children result in

  9  significant losses in productivity and near drownings of young

10  children result in costly emergency medical responses, costly

11  stays in intensive care units, and, sometimes, costly lifetime

12  medical equipment and health care support, to the extent that

13  the health care costs, loss of lifetime productivity, and

14  legal and administrative expenses associated with drownings of

15  young children in Florida each year are estimated to be $73.5

16  million and the lifetime cost for care and treatment of a

17  young child who has suffered brain disability due to a

18  near-drowning incident is estimated to be $4.5 million, and

19         WHEREAS, Florida has a large population of persons age

20  65 and older, and drowning is a significant cause of death in

21  this older age group as well, with 448 such elderly persons

22  drowning between 1992-1997, 195 of whom had medical problems

23  such as Alzheimer's disease, confusion, balance or vision

24  impairment, heart problems, or diabetes and 145 of whom

25  drowned in swimming pools; and, in cases where it was

26  documented, 52 percent of these older Floridians fell into the

27  swimming pool and were not intending to be in the water when

28  they drowned, and

29         WHEREAS, constant adult supervision of young children

30  and medically frail elderly persons is the primary element in

31  an integrated approach to drowning prevention, and

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  1         WHEREAS, in the event of a lapse in such supervision, a

  2  pool safety feature that limits or delays access to the

  3  residential swimming pool, spa, or hot tub is a critical

  4  component in the prevention of drownings, and

  5         WHEREAS, it is the intent of the Legislature that all

  6  new residential swimming pools, spas, and hot tubs have at

  7  least one pool safety feature to supplement and complement the

  8  requirement for constant adult supervision of young children

  9  and medically frail elderly persons around such aquatic

10  environments, and

11         WHEREAS, it is also the intent of the Legislature that

12  the Department of Health be responsible for producing for the

13  public a publication that provides information on drowning

14  prevention and the responsibilities of pool ownership and also

15  for developing a drowning prevention program for the public

16  and for persons violating pool safety requirements, NOW,

17  THEREFORE,

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Chapter 515, Florida Statutes, consisting

22  of sections 515.21, 515.23, 515.25, 515.27, 515.29, 515.31,

23  515.33, 515.35, and 515.37, is created to read:

24         515.21  Short title.--This chapter may be cited as the

25  "Florida Residential Swimming Pool Safety Act."

26         515.23  Legislative findings and intent.--The

27  Legislature finds that drowning is the leading cause of death

28  of young children in this state and is also a significant

29  cause of death for medically frail elderly persons in this

30  state, that constant adult supervision is the key to

31  accomplishing the objective of reducing the number of

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  1  submersion incidents, and that when lapses in supervision

  2  occur a pool safety feature designed to deny, delay, or detect

  3  unsupervised entry to the swimming pool, spa, or hot tub will

  4  reduce drowning and near-drowning incidents. In addition to

  5  the incalculable human cost of these submersion incidents, the

  6  health care costs, loss of lifetime productivity, and legal

  7  and administrative expenses associated with drownings of young

  8  children and medically frail elderly persons in this state

  9  each year and the lifetime costs for the care and treatment of

10  young children who have suffered brain disability due to

11  near-drowning incidents each year are enormous. Therefore, it

12  is the intent of the Legislature that all new residential

13  swimming pools, spas, and hot tubs be equipped with at least

14  one pool safety feature as specified in this chapter. It is

15  also the intent of the Legislature that the Department of

16  Health be responsible for producing for the public a

17  publication that provides information on drowning prevention

18  and the responsibilities of pool ownership and also for

19  developing a drowning prevention education program for the

20  public and for persons violating the pool safety requirements

21  of this chapter.

22         515.25  Definitions.--As used in this chapter, the

23  term:

24         (1)  "Approved safety pool cover" means a manually or

25  power-operated safety pool cover that meets all of the

26  performance standards of the American Society for Testing and

27  Materials (ASTM) in compliance with standard F1346-91.

28         (2)  "Barrier" means a fence, dwelling wall, or

29  nondwelling wall, or any combination thereof, which completely

30  surrounds the swimming pool and obstructs access to the

31

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  1  swimming pool, especially access from the residence or from

  2  the yard outside the barrier.

  3         (3)  "Department" means the Department of Health.

  4         (4)  "Exit alarm" means a device that makes audible,

  5  continuous alarm sounds when any door or window which permits

  6  access from the residence to any pool area that is without an

  7  intervening enclosure is opened or left ajar.

  8         (5)  "Indoor swimming pool" means a swimming pool that

  9  is totally contained within a building and surrounded on all

10  four sides by walls of or within the building.

11         (6)  "Medically frail elderly person" means any person

12  who is at least 65 years of age and has a medical problem that

13  affects balance, vision, or judgment, including, but not

14  limited to, a heart condition, diabetes, or Alzheimer's

15  disease or any related disorder.

16         (7)  "Outdoor swimming pool" means any swimming pool

17  that is not an indoor swimming pool.

18         (8)  "Portable spa" means a nonpermanent structure

19  intended for recreational bathing, in which all controls and

20  water-heating and water-circulating equipment are an integral

21  part of the product and which is cord-connected and not

22  permanently electrically wired.

23         (9)  "Public swimming pool" means a swimming pool, as

24  defined in s. 514.011(2), which is operated, with or without

25  charge, for the use of the general public; however, the term

26  does not include a swimming pool located on the grounds of a

27  private residence.

28         (10)  "Residential" means situated on the premises of a

29  detached one-family or two-family dwelling or a one-family

30  townhouse not more than three stories high.

31

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  1         (11)  "Swimming pool" means any structure, located in a

  2  residential area, that is intended for swimming or

  3  recreational bathing and contains water over 24 inches deep,

  4  including, but not limited to, in-ground, aboveground, and

  5  on-ground swimming pools; hot tubs; and nonportable spas.

  6         (12)  "Young child" means any person under the age of 6

  7  years.

  8         515.27  Residential swimming pool safety feature

  9  options; penalties.--

10         (1)  In order to pass final inspection and receive a

11  certificate of completion, a residential swimming pool must

12  meet at least one of the following requirements relating to

13  pool safety features:

14         (a)  The pool must be isolated from access to a home by

15  an enclosure that meets the pool barrier requirements of s.

16  515.29;

17         (b)  The pool must be equipped with an approved safety

18  pool cover;

19         (c)  All doors and windows providing direct access from

20  the home to the pool must be equipped with an exit alarm that

21  has a minimum sound pressure rating of 85 dB A at 10 feet; or

22         (d)  All doors providing direct access from the home to

23  the pool must be equipped with a self-closing, self-latching

24  device with a release mechanism placed no lower than 54 inches

25  above the floor.

26         (2)  A person who fails to equip a new residential

27  swimming pool with at least one pool safety feature as

28  required in subsection (1) commits a misdemeanor of the second

29  degree, punishable as provided in s. 775.082 or s. 775.083,

30  except that no penalty shall be imposed if the person, within

31  45 days after issuance of a citation therefor, has equipped

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  1  the pool with at least one safety feature as required in

  2  subsection (1) and has attended a drowning prevention

  3  education program as required in s. 515.31. However, the

  4  requirement of attending a drowning prevention education

  5  program is waived if such program is not offered within 45

  6  days after issuance of the citation.

  7         515.29  Residential swimming pool barrier

  8  requirements.--

  9         (1)  A residential swimming pool barrier must have all

10  of the following characteristics:

11         (a)  The barrier must be at least 4 feet high on the

12  outside.

13         (b)  The barrier may not have any gaps, openings,

14  indentations, protrusions, or structural components that could

15  allow a young child to crawl under, squeeze through, or climb

16  over the barrier.

17         (c)  The barrier must be placed around the perimeter of

18  the pool and must be separate from any fence, wall, or other

19  enclosure surrounding the yard unless the fence, wall, or

20  other enclosure or portion thereof is situated on the

21  perimeter of the pool, is being used as part of the barrier,

22  and meets the barrier requirements of this section.

23         (d)  The barrier must be placed sufficiently away from

24  the water's edge to prevent a young child or medically frail

25  elderly person who may have managed to penetrate the barrier

26  from immediately falling into the water.

27         (2)  The structure of an aboveground swimming pool may

28  be used as its barrier or the barrier for such a pool may be

29  mounted on top of its structure; however, such structure or

30  separately mounted barrier must meet all barrier requirements

31  of this section. In addition, any ladder or steps that are the

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  1  means of access to an aboveground pool must be capable of

  2  being secured, locked, or removed to prevent access or must be

  3  surrounded by a barrier that meets the requirements of this

  4  section.

  5         (3)  Gates that provide access to swimming pools must

  6  open outwards away from the pool and be self-closing and

  7  equipped with a self-latching locking device, the release

  8  mechanism of which must be located on the pool side of the

  9  gate and so placed that it cannot be reached by a young child

10  over the top or through any opening or gap.

11         (4)  A wall of a dwelling may serve as part of the

12  barrier if it does not contain any door or window that opens

13  to provide access to the swimming pool.

14         (5)  A barrier may not be located in a way that allows

15  any permanent structure, equipment, or similar object to be

16  used for climbing the barrier.

17         515.31  Drowning prevention education program; public

18  information publication.--

19         (1)  The department shall develop a drowning prevention

20  education program, which shall be made available to the public

21  at the state and local levels and which shall be required as

22  set forth in s. 515.27(2) for persons in violation of the pool

23  safety requirements of this chapter. The department may charge

24  a fee, not to exceed $100, for attendance at such a program.

25  The drowning prevention education program shall be funded

26  using fee proceeds, state funds appropriated for such purpose,

27  and grants.

28         (2)  The department shall also produce, for

29  distribution to the public at no charge, a publication that

30  provides information on drowning prevention and the

31  responsibilities of pool ownership.

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  1         515.33  Information required to be furnished to

  2  buyers.--A licensed pool contractor, on entering into an

  3  agreement with a buyer to build a residential swimming pool,

  4  or a licensed home builder or developer, on entering into an

  5  agreement with a buyer to build a house that includes a

  6  residential swimming pool, must give the buyer a document

  7  containing the requirements of this chapter and a copy of the

  8  publication produced by the department under s. 515.31 that

  9  provides information on drowning prevention and the

10  responsibilities of pool ownership.

11         515.35  Rulemaking authority.--The department shall

12  adopt rules pursuant to the Administrative Procedure Act

13  establishing the fees required to attend drowning prevention

14  education programs and setting forth the information required

15  under this chapter to be provided by licensed pool contractors

16  and licensed home builders or developers.

17         515.37  Exemptions.--This chapter does not apply to:

18         (1)  Any system of sumps, irrigation canals, or

19  irrigation flood control or drainage works constructed or

20  operated for the purpose of storing, delivering, distributing,

21  or conveying water.

22         (2)  Stock ponds, storage tanks, livestock operations,

23  livestock watering troughs, or other structures used in normal

24  agricultural practices.

25         (3)  Public swimming pools.

26         (4)  Any political subdivision that has adopted or

27  adopts a residential pool safety ordinance, provided the

28  ordinance is equal to or more stringent than the provisions of

29  this chapter.

30         (5)  Any portable spa with a safety cover that complies

31  with ASTM F1346-91(Standard Performance Specification for

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  1  Safety Covers and Labeling Requirements for All Covers for

  2  Swimming Pools, Spas and Hot Tubs).

  3         (6)  Small, temporary pools without motors, which are

  4  commonly referred to or known as "kiddy pools."

  5         Section 2.  This act shall take effect October 1, 1999.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Creates ch. 515, F.S., the Florida Residential Swimming
10    Pool Safety Act, to establish safety requirements for
      residential swimming pools, which include certain spas
11    and hot tubs. Provides legislative findings and intent
      and definitions. Provides safety feature options for
12    residential swimming pools, and provides penalties for
      not having at least one such safety feature. Provides
13    pool barrier requirements. Requires the Department of
      Health to establish a drowning prevention education
14    program and produce a public information publication.
      Requires pool contractors, home builders, and developers
15    to provide buyers with information relating to pool
      safety requirements, drowning prevention, and pool
16    ownership responsibilities. Provides rulemaking authority
      and exemptions. See bill for details.
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