Your pool and spa will provide many hours of enjoyment and exercise for your family. It only takes a few moments, however, for a tragedy to occur. There is no substitute for constant adult supervision. Be sure to read any instruction pamphlets provided by the manufacturer of the equipment or from your pool builder.

As a pool owner, you may be legally liable for the safety of all persons who use your pool. You have the ultimate responsibility. Be sure your insurance policy is updated to include ownership of your pool. But facing ownership responsibilities does not mean taking the fun out of using your pool. If you apply safety practices and use good judgment, you will find that the benefits of a pool can far outweigh the risks.

One individual must assume responsibility for supervising the pool. He or she will take responsibility for communicating pool safety information to all persons who enter the pool area. It is a good idea to designate a back-up for times when the primary supervisor is unavailable. Draw up a list of pool rules that include diving and non diving areas, food or alcohol consumption, the use of electrical appliances, and the handling of chemicals. Make sure that all users are aware of the rules and consistently enforce them. Never leave the pool unsupervised. When supervision is not available, even for a moment, close the pool.

Also, the supervisor and other responsible family members should be trained in artificial respiration and/or cardiopulmonary resuscitation (CPR).

Layers of Protection

Pools are attractive to children, and children must be kept away from them in the absence of adult supervision. Layers of protection such as a fence, wall or natural barrier of sufficient height shall keep unauthorized people out of your pool. All gates or doors with access to the pool shall have a self-closing and self-latching mechanism that protects against unauthorized entry and use. (The inside latch should be above the reach of toddlers or young children.) Check with your state and local government to learn their specific requirements concerning barriers and other layers of protection around the pool. Read the Florida Statute that become effective October 1, 2000.

Swimming Pool Barrier Requirements
Summertime in Florida finds our residents searching for ways to escape the heat and humidity. Many have swimming pools in their yards that serve as a source of welcoming relief and diversion. However, swimming pools can also be an enticing beacon to curious children of all ages. Each year fatalities and disabling injuries involving swimming pools occur. For this reason there are pool barrier laws designed to ensure that swimming pools cannot be easily accessed by children, thereby, minimizing swimming pool accidents. This Pool Barrier presentation prepared by the Miami-Dade Building Code Compliance fully explains the laws which regulate swimming pool barriers.

Additional resources from the US Consumer Products Safety Commission.
Safety Barrier Guidelines for Home Pools - PDF 792 kb

Alarms that comply with Underwriters Laboratories Standard Number 2017 are a permissive alternative to comply with the swimming pool safety provisions in chapter 515. Both doors and windows must be protected to alert caretakers of unauthorized entry to the pool area. All fences can by climbed by children given sufficient time. Do not assume that your pool is safe from entry because you have a fence. A fence may lull you into a false sense of security. Only adult supervision can prevent drowning accidents. All layers of protection must be kept in good working order at all times.

2005 ALARM UPDATE: Section R4101.17.1.9 (Chapter 41 of the Florida Building Code)
Change to read as shown:

Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
1. All doors and windows providing direct access from the home to the pool shall be equipped with an exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet (3048 mm) and is either hardwired or of the plug-in type. The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door. Separate alarms are not required for each door or window if sensors wired to a central alarm sound when contact is broken at any opening.
[Remainder of text unchanged]

Lifesaving Equipment: Plan ahead for potential emergency situations by owning and being familiar with basic lifesaving equipment and procedures. Have at pool side a device such as a solid pole, shepherd's hook, a rope or a life ring which can provide immediate assistance to a person in trouble. Practice using these devices correctly to be ready in an emergency. Only use these devices for emergencies. Do not allow children to play with lifesaving equipment. If proper equipment is not available in an emergency situation, throw something floatable (e.g., styrofoam toys or boards, etc.) into the pool for the person to grab onto until help arrives, or until he or she gets to the side of the pool.

First Aid: Have a complete first aid kit at pool side, and make sure that someone knows how to use the contents properly. Post a list of emergency telephone numbers by the phone nearest the pool. This list should contain the names and telephone numbers of the closet physician, ambulance service, hospital, and police, fire or rescue unit. It is a good idea to include your home address on this list.

Pool Equipment

Hand rails, steps, ladders, and slides must be securely mounted. Routinely inspect them to ensure that they are firmly in place. Check for broken treads, sharp edges and loose bolts and nuts. Keep handrails, steps and ladders unobstructed for use. Don't use them for hanging towels or goggles, tying up rubber rafts and the like.

Electrical equipment: To safely use electricity in and around your pool, you must have equipment expressly designed for this purpose. Many older pools were constucted before many of today's regulations or safety devices were available. For example, all pools today are built with a bonding system, 12 volt underwater lights, and outdoor patio outlets with GFCI's (ground fault circuit interrupters). Consult with a licensed electrician for help in checking that your pool side area and its equipment are designed and installed to conform to the National Electrical Code for pools and related equipment.

Fitting, Grates and Drains: Your pool's inlet and outlet fittings, grates and skimmer and main drain covers should be kept in good repair, in place at all times, and be secured in such a manner that they can't be removed without the use of tools. Tell children that these devices are not toys. Instruct all swimmers not to stick their fingers, toes or body into them. Entrapment and drowning can occur. Everyone with long hair should be cautioned not to get their hair near a pool outlet. The suction can cause hair or body entrapment and drowning. For example, a drain without a grate can have a pull of approximately 700 lbs. -- enough to hold an adult under water. Older main drain covers should be replaced with an antivortex cover.

US Consumer Product Safety Commission
Guidelines for Entrapment Hazards: Making Pools and Spas Safer - PDF 187 kb

Heaters: Heaters should be installed according to the manufacturer's instructions, and in accordance with state and local government building codes. Heaters may be hot to touch. Do not place or drape any flammable material (e.g., a towel or tee-shirt) on top of or near a heater. If you wish to use a propane heater, consult your local regulations for the safe use, hook-up and storage of propane products. With propane or natural gas heaters, when lighting or relighting the pilot or turning the heater on or off, refer to the manufacturer's instructions on the name and rating plate. This plate is attached to the heater inside the control compartment. Stand to the side of the heater when turning the control valve to the "on" position. Following these instructions will help to prevent injuries. Gas is explosive and flammable.

Effective October 1, 2000, a law sponsored by Debbie Wasserman Schultz will apply to all new permits for pools and spas in the state of Florida. Below is the entire text of Chapter 515.

CHAPTER 515
RESIDENTIAL SWIMMING POOL SAFETY ACT

515.21  Short title.

515.23  Legislative findings and intent.

515.25  Definitions.

515.27  Residential swimming pool safety feature options; penalties.

515.29  Residential swimming pool barrier requirements.

515.31  Drowning prevention education program; public information publication.

515.33  Information required to be furnished to buyers.

515.35  Rulemaking authority.

515.37  Exemptions.

515.21  Short title.--This chapter may be cited as the "Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act."

History.--s. 1, ch. 2000-143.

515.23  Legislative findings and intent.--The Legislature finds that drowning is the leading cause of death of young children in this state and is also a significant cause of death for medically frail elderly persons in this state, that constant adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and that when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub will reduce drowning and near-drowning incidents. In addition to the incalculable human cost of these submersion incidents, the health care costs, loss of lifetime productivity, and legal and administrative expenses associated with drownings of young children and medically frail elderly persons in this state each year and the lifetime costs for the care and treatment of young children who have suffered brain disability due to near-drowning incidents each year are enormous. Therefore, it is the intent of the Legislature that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature as specified in this chapter. It is also the intent of the Legislature that the Department of Health be responsible for producing its own or adopting a nationally recognized publication that provides the public with information on drowning prevention and the responsibilities of pool ownership and also for developing its own or adopting a nationally recognized drowning prevention education program for the public and for persons violating the pool safety requirements of this chapter.

History.--s. 1, ch. 2000-143.

515.25  Definitions.--As used in this chapter, the term:

(1)  "Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) in compliance with standard F1346-91.

(2)  "Barrier" means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier.

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

(4)  "Exit alarm" means a device that makes audible, continuous alarm sounds when any door or window which permits access from the residence to any pool area that is without an intervening enclosure is opened or left ajar.

(5)  "Indoor swimming pool" means a swimming pool that is totally contained within a building and surrounded on all four sides by walls of or within the building.

(6)  "Medically frail elderly person" means any person who is at least 65 years of age and has a medical problem that affects balance, vision, or judgment, including, but not limited to, a heart condition, diabetes, or Alzheimer's disease or any related disorder.

(7)  "Outdoor swimming pool" means any swimming pool that is not an indoor swimming pool.

(8)  "Portable spa" means a nonpermanent structure intended for recreational bathing, in which all controls and water-heating and water-circulating equipment are an integral part of the product and which is cord-connected and not permanently electrically wired.

(9)  "Public swimming pool" means a swimming pool, as defined in s. 514.011(2), which is operated, with or without charge, for the use of the general public; however, the term does not include a swimming pool located on the grounds of a private residence.

(10)  "Residential" means situated on the premises of a detached one-family or two-family dwelling or a one-family townhouse not more than three stories high.

(11)  "Swimming pool" means any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools; hot tubs; and nonportable spas.

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

History.--s. 1, ch. 2000-143.

515.27  Residential swimming pool safety feature options; penalties.--

(1)  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 meets the pool barrier requirements of s. 515.29;

(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; or

(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.

(2)  A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except 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 s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.

History.--s. 1, ch. 2000-143.

515.29  Residential swimming pool barrier requirements.--

(1)  A residential swimming pool barrier must have all of the following characteristics:

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

(b)  The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.

(c)  The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.

(d)  The barrier 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.

(2)  The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.

(3)  Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

(4)  A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.

(5)  A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.

History.--s. 1, ch. 2000-143.

515.31  Drowning prevention education program; public information publication.--

(1)  The department shall develop a drowning prevention education program, which shall be made available to the public at the state and local levels and which shall be required as set forth in s. 515.27(2) for persons in violation of the pool safety requirements of this chapter. The department may charge a fee, not to exceed $100, for attendance at such a program. The drowning prevention education program shall be funded using fee proceeds, state funds appropriated for such purpose, and grants. The department, in lieu of developing its own program, may adopt a nationally recognized drowning prevention education program to be approved for use in local safety education programs, as provided in rule of the department.

(2)  The department shall also produce, for distribution to the public at no charge, a publication that provides information on drowning prevention and the responsibilities of pool ownership. The department, in lieu of developing its own publication, may adopt a nationally recognized drowning prevention and responsibilities of pool ownership publication, as provided in rule of the department.

History.--s. 1, ch. 2000-143.

515.33  Information required to be furnished to buyers.--A licensed pool contractor, on entering into an agreement with a buyer to build a residential swimming pool, or a licensed home builder or developer, on entering into an agreement with a buyer to build a house that includes a residential swimming pool, must give the buyer a document containing the requirements of this chapter and a copy of the publication produced by the department under s. 515.31 that provides information on drowning prevention and the responsibilities of pool ownership.

History.--s. 1, ch. 2000-143.

515.35  Rulemaking authority.--The department shall adopt rules pursuant to the Administrative Procedure Act establishing the fees required to attend drowning prevention education programs and setting forth the information required under this chapter to be provided by licensed pool contractors and licensed home builders or developers.

History.--s. 1, ch. 2000-143.

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

(1)  Any system of sumps, irrigation canals, or irrigation flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water.

(2)  Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural practices.

(3)  Public swimming pools.

(4)  Any political subdivision that has adopted or adopts a residential pool safety ordinance, provided the ordinance is equal to or more stringent than the provisions of this chapter.

(5)  Any portable spa with a safety cover that complies with ASTM F1346-91 (Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs).

(6)  Small, temporary pools without motors, which are commonly referred to or known as "kiddy pools."