Residential Swimming Pool Safety Act

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Florida law has set requirements for homeowners to follow to prevent drownings.

The Florida Senate passed the Residential Swimming Pool Safety Act in the year 2000. The law outlines the requirements necessary for providing safety around residential swimming pools. The law also provides information on the different safety features, penalties and education provided by the state. Does this Spark an idea?

  1. Background

    • The Florida Legislature found that a leading cause of death in young children in Florida is drowning. The Legislature found when a lapse in supervision occurs, having safety features which deny or delay entrance into a pool can reduce the number of near drownings or fatalities. The law applies to all new pools, spas or hot tubs.

    Requirements

    • A pool is required to have at least one safety feature to pass a final inspection and receive a certificate of completion. Homeowners can choose to have an enclosure separate from the house, which provides a barrier from the pool, or have an approved safety pool cover. Another option is to have an alarm on all doors and windows with direct access to the pool.

    Barrier Requirements

    • When a pool owner uses a barrier to provide safety, certain requirements must be met. The barrier must be 4 feet tall and should be far enough away from the edge of the pool so a child can walk around it without falling in. The gate on the barrier must open away from the pool and be a self-latching, self-closing gate. The release mechanism to open the gate must be on the side facing the pool and placed where a young child cannot reach over and unlock it. Lastly, there should be no protrusions or ledges on the barrier which a child could use to climb over the barrier.

    Penalties

    • A homeowner who does not comply with the law will not receive a pass on the final inspection. When a pool is not equipped with a safety feature the homeowner can be charged with a second-degree misdemeanor. A fine of up to $500 and a maximum of 60 days in jail can be levied against a homeowner. In addition, a homeowner can be required to attend a drowning prevention education course. Penalties can be avoided if the safety issue is corrected within 45 days.

    Education

    • The Department of Health developed a drowning prevention education program to educate the public on how to be a responsible pool owner along with how to prevent drowning accidents. A contractor must provide the homeowner, who is entering into a contract to build a new pool, publications with this same information taught in the education program. In addition, the materials will include an outline of requirements necessary under the Residential Swimming Pool Safety Act.

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References

  • Photo Credit pool image by Anne-Marie Walker from Fotolia.com

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