What You Need to Know Before Building or Owning a Pool in Florida

By PaperStreet Web Design August 20, 2024 Posted in Construction Law Share

From 2018 to 2020, Florida topped the charts, but not for something Florida residents would hope to see aired on the news. Florida ranked highest in the U.S. for unintentional drowning of young children. While you may first think to advocate for adequate swimming safety lessons and adult supervision to reduce the risks of such incidents, lapses in pool safety features that are designed to prevent unsupervised entry into swimming pools, spas, or other water features are also important aids to reduce risks associated with drowning.

>In fact, the staggering statistics surrounding drowning incidents in Florida have led to a Chapter of Florida law being solely dedicated to what the Florida Legislature has enumerated as Chapter 515 Residential Swimming Pool Safety Act. See Florida Statute § 515.23. These laws have been made even more relevant given the boom of pool construction and real estate growth in Florida since 2020.

 

Pool Safety Feature Requirements

Whether you are a residential homeowner anxiously awaiting the completion of your pool, or a licensed pool contractor, it is very important that pool safety features are at the top of the list throughout both the design and construction phases of your Florida pool project.

Another provision in Chapter 515, states that in order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:

(a) The pool must be isolated from access to a home by an enclosure that is (i) at least 4 feet high on the outside, (ii) is without any gaps, openings or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier, (iii) must be placed around the perimeter of the pool and be separate from any other barriers surrounding the yard unless such fence/wall/enclosure is situated on the perimeter of the pool, is being used as part of the barrier and meets all other barrier requirements, and (iv) must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water;

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

(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet;

(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor; or

(e) A swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water. Such pool alarm must meet additional statutory requirements.

Fla. Stat. § 515.27(1).  

Penalties for Failing to Provide At Least One Safety Feature

Beware: Chapter 515 clearly sets forth the penalties that should be expected should you fail to equip a new residential swimming pool with at least one pool safety feature as required above. Such failure is a misdemeanor of the second degree, punishable as provided in Florida Statutes §§ 775.082 or 775.083. However, there is an exception such that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by Florida Statute § 515.31 (drowning prevention education program provided by the State of Florida). It’s clear that the legislature not only aimed to encourage safety, but is deeming it worthy of a requirement with enforcement strategies.

Notice Requirement for Pool Contractors

Fla. Stat. § 515.33 also sets forth a notice requirement for a licensed pool contractor, or a licensed home builder entering into an agreement with a buyer to build a residential swimming pool, or developer (who enters into an agreement with a buyer to build a house that includes a residential swimming pool). The licensed pool contractor or home builder must give the buyer a document containing the requirements of Chapter 515 and a copy of the publication produced by the department under Florida Statute § 515.31 that provides information on drowning prevention and the responsibilities of pool ownership.

Whether you are a Florida homeowner concerned about the safety features of your pool or are a Florida pool contractor ensuring your design and notice requirements are being met, you should consider engaging attorneys who work in the construction industry and interact with Florida laws like Chapter 515 for your next pool project.