Florida Child Protection Laws & Swimming Pool Safety
In 2009, Florida passed the Residential Swimming Pool Safety Act, which requires residential homeowners with pools to take certain protection and safety measures, such as creating a barrier around the pool. The Act was created as a response to the number of child and elderly drowning victims in the state of Florida each year.
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History
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The Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act was created in Florida in an attempt to reduce instances of drowning, the leading cause of child deaths in the state. The Florida legislature determined that erecting barriers or other safety devices around swimming pools, hot tubs and spas would help prevent and reduce drowning fatalities. As a result, the Act requires all owners of residential swimming pools, spas and hot tubs to erect at least one approved safety device.
Approved Safety Devices
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To pass inspection and receive a certificate of completion from the state of Florida, all residential swimming pools must have a barrier or safety cover. Alternatively, pools that are indoors or in a screened enclosure do not need a barrier if all doors and windows providing access to the pool are equipped with an alarm or have a self-closing, self-latching device that is at least 54 inches above the floor.
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Penalties
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Owners who fail to comply with the Act may be charged with a second-degree misdemeanor. However, no penalty will be imposed if the owner erects a necessary safety device within 45 days of the arrest and has attended a drowning prevention education program.
Barrier Requirements
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Barriers must be at least 4 feet tall and run the entire outer perimeter of the swimming pool with no gaps, breaks or tears. It must also be separate from nearby fences, walls or any other pool enclosures unless the adjacent fence or wall is being used as a barrier and is at least 4 feet tall. The barrier must also be placed away from the water's edge so a child who penetrates the barrier does not immediately fall in. Gates providing access to a pool area must open outward and be self-closing with a self-locking device high above the ground and out of a child's reach. Lastly, barriers must be made of material that cannot assist with climbing.
Exemptions
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The Residential Swimming Pool Safety Act does not apply to flood, drainage or irrigation canals; stock ponds and tanks; public swimming pools; portable spas and hot tubs with safety covers; small temporary pools commonly referred to as "kiddie pools" and subdivisions with community pools that have more stringent requirements.
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References
- Photo Credit A swimming-belt in a swimming-pool. image by Saskia Massink from Fotolia.com
