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The Florida Statutes

The 2003 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 515
RESIDENTIAL SWIMMING POOL SAFETY ACT
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Section 515.27, Florida Statutes 2003

1515.27  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.

1Note.--Section 13, ch. 2001-372, provides that "[t]he Florida Building Commission is authorized to provide for uniform implementation of sections 515.25, 515.27, and 515.29, Florida Statutes, by including standards and criteria in the Florida Building Code for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required in those sections which are consistent with the intent of section 515.23, Florida Statutes. Notwithstanding section 10, the residential swimming pool safety requirements of the Florida Building Code, section 424.2, relating to private swimming pools, of Rule 9B-3.047, Florida Administrative Code, as adopted November 28, 2000, shall take effect January 1, 2002."

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