Senate Bill 0086er

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  2         An act relating to residential swimming pools,

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

  4         "Preston de Ibern/McKenzie Merriam Residential

  5         Swimming Pool Safety Act"; providing

  6         legislative findings and intent; providing

  7         definitions; providing pool safety feature

  8         requirements and options; providing penalties;

  9         providing pool barrier requirements; providing

10         for a drowning prevention education program and

11         a public information publication; providing for

12         a fee; requiring pool contractors, home

13         builders, and developers to provide buyers with

14         certain information; providing rulemaking

15         authority; providing exemptions; providing an

16         effective date.

17

18         WHEREAS, drowning is the leading cause of death for

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

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

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

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

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

24         WHEREAS, advances in medical technology are allowing

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

26  with serious, permanent neurological damage, and

27         WHEREAS, although supervision is one of the keys to

28  accomplishing the objective of reducing the number of

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

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

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  1         WHEREAS, the United States Consumer Product Safety

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

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

  4  visiting the residence where the drowning occurred, that less

  5  than 2 percent of the submersions occurred when a child

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

  7  either near or in the residence immediately prior to the

  8  incident and reached the pool unnoticed, and

  9         WHEREAS, in addition to the incalculable human cost of

10  these tragic incidents, drownings of young children result in

11  significant losses in productivity and near drownings of young

12  children result in costly emergency medical responses, costly

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

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

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

16  legal and administrative expenses associated with drownings of

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

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

19  young child who has suffered brain disability due to a

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

21         WHEREAS, Florida has a large population of persons age

22  65 or older, and drowning is a significant cause of death in

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

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

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

26  impairment, a heart problem, or diabetes and 145 of whom

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

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

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

30  they drowned, and

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  1         WHEREAS, constant adult supervision of young children

  2  and medically frail elderly persons is the primary element in

  3  an integrated approach to drowning prevention, and

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

  5  pool safety feature that limits or delays access to the

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

  7  component in the prevention of drownings, and

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

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

10  least one pool safety feature to supplement and complement the

11  requirement for constant adult supervision of young children

12  and medically frail elderly persons around such aquatic

13  environments, and

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

15  the Department of Health be responsible for producing its own

16  or adopting a nationally recognized publication that provides

17  information on drowning prevention and the responsibilities of

18  pool ownership and also for developing its own or adopting a

19  nationally recognized drowning prevention education program

20  for the public and for persons violating pool safety

21  requirements, NOW, THEREFORE,

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

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25         Section 1.  Chapter 515, Florida Statutes, consisting

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

27  515.33, 515.35, and 515.37, is created to read:

28         515.21  Short title.--This chapter may be cited as the

29  "Preston de Ibern/McKenzie Merriam Residential Swimming Pool

30  Safety Act."

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  1         515.23  Legislative findings and intent.--The

  2  Legislature finds that drowning is the leading cause of death

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

  4  cause of death for medically frail elderly persons in this

  5  state, that constant adult supervision is the key to

  6  accomplishing the objective of reducing the number of

  7  submersion incidents, and that when lapses in supervision

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

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

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

11  the incalculable human cost of these submersion incidents, the

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

13  and administrative expenses associated with drownings of young

14  children and medically frail elderly persons in this state

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

16  young children who have suffered brain disability due to

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

18  is the intent of the Legislature that all new residential

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

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

21  also the intent of the Legislature that the Department of

22  Health be responsible for producing its own or adopting a

23  nationally recognized publication that provides the public

24  with information on drowning prevention and the

25  responsibilities of pool ownership and also for developing its

26  own or adopting a nationally recognized drowning prevention

27  education program for the public and for persons violating the

28  pool safety requirements of this chapter.

29         515.25  Definitions.--As used in this chapter, the

30  term:

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

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

  3  performance standards of the American Society for Testing and

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

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

  6  nondwelling wall, or any combination thereof, which completely

  7  surrounds the swimming pool and obstructs access to the

  8  swimming pool, especially access from the residence or from

  9  the yard outside the barrier.

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

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

12  continuous alarm sounds when any door or window which permits

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

14  intervening enclosure is opened or left ajar.

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

16  is totally contained within a building and surrounded on all

17  four sides by walls of or within the building.

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

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

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

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

22  disease or any related disorder.

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

24  that is not an indoor swimming pool.

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

26  intended for recreational bathing, in which all controls and

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

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

29  permanently electrically wired.

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

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


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

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

  3  private residence.

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

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

  6  townhouse not more than three stories high.

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

  8  residential area, that is intended for swimming or

  9  recreational bathing and contains water over 24 inches deep,

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

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

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

13  years.

14         515.27  Residential swimming pool safety feature

15  options; penalties.--

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

17  certificate of completion, a residential swimming pool must

18  meet at least one of the following requirements relating to

19  pool safety features:

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

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

22  515.29;

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

24  pool cover;

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

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

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

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

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

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

31  above the floor.


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

  2  swimming pool with at least one pool safety feature as

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

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

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

  6  45 days after arrest or issuance of a summons or a notice to

  7  appear, has equipped the pool with at least one safety feature

  8  as required in subsection (1) and has attended a drowning

  9  prevention education program established by s. 515.31.

10  However, the requirement of attending a drowning prevention

11  education program is waived if such program is not offered

12  within 45 days after issuance of the citation.

13         515.29  Residential swimming pool barrier

14  requirements.--

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

16  of the following characteristics:

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

18  outside.

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

20  indentations, protrusions, or structural components that could

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

22  over the barrier.

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

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

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

26  other enclosure or portion thereof is situated on the

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

28  and meets the barrier requirements of this section.

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

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

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  1  elderly person who may have managed to penetrate the barrier

  2  from immediately falling into the water.

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

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

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

  6  separately mounted barrier must meet all barrier requirements

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

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

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

10  surrounded by a barrier that meets the requirements of this

11  section.

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

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

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

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

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

17  over the top or through any opening or gap.

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

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

20  to provide access to the swimming pool.

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

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

23  used for climbing the barrier.

24         515.31  Drowning prevention education program; public

25  information publication.--

26         (1)  The department shall develop a drowning prevention

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

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

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

30  safety requirements of this chapter. The department may charge

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


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  1  The drowning prevention education program shall be funded

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

  3  and grants. The department, in lieu of developing its own

  4  program, may adopt a nationally recognized drowning prevention

  5  education program to be approved for use in local safety

  6  education programs, as provided in rule of the department.

  7         (2)  The department shall also produce, for

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

  9  provides information on drowning prevention and the

10  responsibilities of pool ownership. The department, in lieu of

11  developing its own publication, may adopt a nationally

12  recognized drowning prevention and responsibilities of pool

13  ownership publication, as provided in rule of the department.

14         515.33  Information required to be furnished to

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

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

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

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

19  residential swimming pool, must give the buyer a document

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

21  publication produced by the department under s. 515.31 that

22  provides information on drowning prevention and the

23  responsibilities of pool ownership.

24         515.35  Rulemaking authority.--The department shall

25  adopt rules pursuant to the Administrative Procedure Act

26  establishing the fees required to attend drowning prevention

27  education programs and setting forth the information required

28  under this chapter to be provided by licensed pool contractors

29  and licensed home builders or developers.

30         515.37  Exemptions.--This chapter does not apply to:

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

  2  irrigation flood control or drainage works constructed or

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

  4  or conveying water.

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

  6  livestock watering troughs, or other structures used in normal

  7  agricultural practices.

  8         (3)  Public swimming pools.

  9         (4)  Any political subdivision that has adopted or

10  adopts a residential pool safety ordinance, provided the

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

12  this chapter.

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

14  with ASTM F1346-91(Standard Performance Specification for

15  Safety Covers and Labeling Requirements for All Covers for

16  Swimming Pools, Spas and Hot Tubs).

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

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

19         Section 2.  This act shall take effect October 1, 2000.

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