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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 679, 1st Eng.

907648

CHAMBER ACTION

Senate

Floor: WD/2R

5/2/2008 2:50 PM

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House



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Senator Rich moved the following amendment to amendment (074374):

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     Senate Amendment (with title amendment)

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     Delete lines 70 through 77

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and insert:

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     Section 3.  Section 515.25, Florida Statutes, is amended to

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read:

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

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     (1)  "Approved safety pool cover" means a manually or power-

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operated safety pool cover that meets all of the performance

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standards of the American Society for Testing and Materials

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(ASTM) in compliance with standard F1346-91.

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     (2) "ASME/ANSI" as applied to a safety standard means a

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standard that is accredited by the American National Standards

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Institute and published by the American Society of Mechanical

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Engineers.

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     (3)(2) "Barrier" means a fence, dwelling wall, or

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nondwelling wall, or any combination thereof, which completely

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surrounds the swimming pool and obstructs access to the swimming

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pool, especially access from the residence or from the yard

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outside the barrier, and, with respect to a hot tub, a lockable

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cover.

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

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     (5)(4) "Exit alarm" means a device that makes audible,

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continuous alarm sounds when any door or window which permits

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access from the residence to any pool area that is without an

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intervening enclosure is opened or left ajar.

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     (6)(5) "Indoor swimming pool" means a swimming pool that is

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totally contained within a building and surrounded on all four

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sides by walls of or within the building.

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     (7) "Main drain" means a submerged suction outlet typically

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located at the bottom of a swimming pool or spa to conduct water

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to a recirculating pump.

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     (8)(6) "Medically frail elderly person" means any person

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who is at least 65 years of age and has a medical problem that

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affects balance, vision, or judgment, including, but not limited

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to, a heart condition, diabetes, or Alzheimer's disease or any

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related disorder.

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     (9)(7) "Outdoor swimming pool" means any swimming pool that

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is not an indoor swimming pool.

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     (10)(8) "Portable spa" means a nonpermanent structure

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intended for recreational bathing, in which all controls and

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water-heating and water-circulating equipment are an integral

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part of the product and which is cord-connected and not

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permanently electrically wired.

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     (11)(9) "Public swimming pool" means a swimming pool, as

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defined in s. 514.011 s. 514.011(2), which is operated, with or

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without charge, for the use of the general public; however, the

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term does not include a swimming pool located on the grounds of a

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private residence.

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     (12)(10) "Residential" means situated on the premises of a

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detached one-family or two-family dwelling or a one-family

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townhouse not more than three stories high.

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     (13)(11) "Swimming pool" means any structure, located in a

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residential area, that is intended for swimming or recreational

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bathing and contains water over 24 inches deep, including, but

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not limited to, in-ground, aboveground, and on-ground swimming

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pools; hot tubs; and nonportable spas.

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     (14) "Unblockable drain" means a drain of any size and

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shape which a human body cannot sufficiently block to create a

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suction-entrapment hazard.

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

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years.

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     Section 4.  Section 515.295, Florida Statutes, is created to

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read:

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     515.295 Residential swimming pool and spa drain-cover

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safety.--

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     (1) Notwithstanding any other law, all residential swimming

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pools and spas in the state having a single main drain other than

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an unblockable drain must be equipped with devices and systems

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designed to prevent entrapment by pool or spa drains. Such

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devices and systems must, at a minimum, include one or more of

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the following:

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     (a) A safety vacuum release system that ceases operation of

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the pump, reverses the circulation flow, or otherwise provides a

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vacuum release at a suction outlet when a blockage is detected

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and that has been tested by an independent third party and found

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to conform to ASME/ANSI standard A112.19.17 or ASTM standard

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F2387.

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     (b) A suction-limiting vent system that has a tamper-

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resistant atmospheric opening.

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     (c) A gravity drainage system that uses a collector tank.

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     (d) An automatic pump shut-off system.

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     (e) A device or system that disables the drain.

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     (f) Any other system determined by the department to be

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equally effective as, or better than, the systems described in

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this subsection at preventing or eliminating the risk of injury

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or death associated with swimming pool drainage systems.

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     (2) Any device or system described in subsection (1) must

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meet the requirements of any ASME/ANSI or ASTM performance

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standard, if there is such a standard for such a device or

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system, or any applicable consumer product safety standard.

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     (3) All residential pools and spas must have:

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     (a) More than one drain;

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     (b) One or more unblockable drains; or

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     (c) No main drain.

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     (4) Every residential swimming pool and spa in the state

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having a main drain, other than an unblockable drain, must be

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equipped with a drain cover that meets the consumer product

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safety standard established by s. 1404 of Title XIV of the

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federal Energy Independence and Security Act of 2007.

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     (5) The department shall provide periodic notification to

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owners of residential swimming pools and spas about compliance

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with the entrapment-protection standards of the ASME/ANSI

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A112.19.8 performance standard, or a successor standard, as

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adopted in compliance with Title XIV of the federal Energy

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Independence and Security Act of 2007.

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     (6) The provisions of this section apply only to

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residential swimming pools and spas built after December 20,

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2009.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line 1305

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and insert:

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515.25, F.S.; defining terms; creating s. 515.295, F.S.;

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requiring that all residential swimming pools and spas be

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equipped with certain specified drain safety features;

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requiring the Department of Health to provide periodic

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notice to owners of residential swimming pools and spas of

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safety standards and other requirements; providing that

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the required residential pools and spas features apply

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only to residential pools and spas built after a specified

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date; amending s.

5/1/2008  12:07:00 PM     34-09448-08

CODING: Words stricken are deletions; words underlined are additions.

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