5/2/2008 2:50 PM
Senator Rich moved the following amendment to amendment (074374):
Senate Amendment (with title amendment)
Delete lines 70 through 77
Section 3. Section 515.25, Florida Statutes, is amended to
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) "ASME/ANSI" as applied to a safety standard means a
standard that is accredited by the American National Standards
Institute and published by the American Society of Mechanical
(3)(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, and, with respect to a hot tub, a lockable
(4)(3) "Department" means the Department of Health.
(5)(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.
(6)(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.
(7) "Main drain" means a submerged suction outlet typically
located at the bottom of a swimming pool or spa to conduct water
to a recirculating pump.
(8)(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
(9)(7) "Outdoor swimming pool" means any swimming pool that
is not an indoor swimming pool.
(10)(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.
(11)(9) "Public swimming pool" means a swimming pool, as
defined in s. 514.011 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
(12)(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.
(13)(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.
(14) "Unblockable drain" means a drain of any size and
shape which a human body cannot sufficiently block to create a
(15)(12) "Young child" means any person under the age of 6
Section 4. Section 515.295, Florida Statutes, is created to
515.295 Residential swimming pool and spa drain-cover
(1) Notwithstanding any other law, all residential swimming
pools and spas in the state having a single main drain other than
an unblockable drain must be equipped with devices and systems
designed to prevent entrapment by pool or spa drains. Such
devices and systems must, at a minimum, include one or more of
(a) A safety vacuum release system that ceases operation of
the pump, reverses the circulation flow, or otherwise provides a
vacuum release at a suction outlet when a blockage is detected
and that has been tested by an independent third party and found
to conform to ASME/ANSI standard A112.19.17 or ASTM standard
(b) A suction-limiting vent system that has a tamper-
resistant atmospheric opening.
(c) A gravity drainage system that uses a collector tank.
(d) An automatic pump shut-off system.
(e) A device or system that disables the drain.
(f) Any other system determined by the department to be
equally effective as, or better than, the systems described in
this subsection at preventing or eliminating the risk of injury
or death associated with swimming pool drainage systems.
(2) Any device or system described in subsection (1) must
meet the requirements of any ASME/ANSI or ASTM performance
standard, if there is such a standard for such a device or
system, or any applicable consumer product safety standard.
(3) All residential pools and spas must have:
(a) More than one drain;
(b) One or more unblockable drains; or
(4) Every residential swimming pool and spa in the state
having a main drain, other than an unblockable drain, must be
equipped with a drain cover that meets the consumer product
safety standard established by s. 1404 of Title XIV of the
federal Energy Independence and Security Act of 2007.
(5) The department shall provide periodic notification to
owners of residential swimming pools and spas about compliance
with the entrapment-protection standards of the ASME/ANSI
A112.19.8 performance standard, or a successor standard, as
adopted in compliance with Title XIV of the federal Energy
Independence and Security Act of 2007.
(6) The provisions of this section apply only to
residential swimming pools and spas built after December 20,
================ T I T L E A M E N D M E N T ================
And the title is amended as follows:
515.25, F.S.; defining terms; creating s. 515.295, F.S.;
requiring that all residential swimming pools and spas be
equipped with certain specified drain safety features;
requiring the Department of Health to provide periodic
notice to owners of residential swimming pools and spas of
safety standards and other requirements; providing that
the required residential pools and spas features apply
only to residential pools and spas built after a specified
5/1/2008 12:07:00 PM 34-09448-08