Florida Senate - 2015                                     SB 926
       By Senator Sobel
       33-00576A-15                                           2015926__
    1                        A bill to be entitled                      
    2         An act relating to underwater pool lighting safety;
    3         amending s. 514.0115, F.S.; providing that underwater
    4         lighting inspections are not exempt from supervision
    5         or regulation; amending s. 514.025, F.S.; requiring
    6         county health departments to inspect underwater
    7         lighting in public pools; amending ss. 515.21, 515.33,
    8         and 515.35, F.S.; conforming provisions to changes
    9         made by the act; creating s. 515.51, F.S.; providing a
   10         short title; creating s. 515.52, F.S.; providing
   11         legislative findings and intent; creating s. 515.53,
   12         F.S.; requiring the seller to provide a disclosure
   13         summary to a prospective purchaser upon sale of
   14         certain residential property of the dangers associated
   15         with underwater lighting in swimming pools; amending
   16         s. 553.73, F.S.; requiring the Florida Building Code
   17         to contain underwater lighting standards for
   18         residential and public swimming pools; creating s.
   19         553.881, F.S.; requiring the Florida Building Code to
   20         prohibit the installation of or replacement with
   21         underwater lights of greater than a specified voltage
   22         in new or existing residential or public swimming
   23         pools; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Subsections (1), (2), and (4) of section
   28  514.0115, Florida Statutes, are amended to read:
   29         514.0115 Exemptions from supervision or regulation;
   30  variances.—
   31         (1) Private pools and water therapy facilities connected
   32  with facilities connected with hospitals, medical doctors’
   33  offices, and licensed physical therapy establishments are shall
   34  be exempt from supervision under this chapter, except for
   35  underwater electrical lighting inspections.
   36         (2)(a) Pools serving no more than 32 condominium or
   37  cooperative units which are not operated as a public lodging
   38  establishment are shall be exempt from supervision under this
   39  chapter, except for water quality and underwater electrical
   40  lighting inspections.
   41         (b) Pools serving condominium or cooperative associations
   42  of more than 32 units and whose recorded documents prohibit the
   43  rental or sublease of the units for periods of less than 60 days
   44  are exempt from supervision under this chapter, except that the
   45  condominium or cooperative owner or association must file
   46  applications with the department and obtain construction plans
   47  approval and receive an initial operating permit. The department
   48  shall inspect the swimming pools at such places annually, at the
   49  fee set forth in s. 514.033(3), or upon request by a unit owner,
   50  to determine compliance with department rules relating to water
   51  quality and lifesaving equipment. However, such pools are
   52  subject to underwater electrical lighting inspections. The
   53  department may not require compliance with rules relating to
   54  swimming pool lifeguard standards.
   55         (4) Any pool serving a residential child care agency
   56  registered and exempt from licensure pursuant to s. 409.176 is
   57  shall be exempt from supervision or regulation under this
   58  chapter related to construction standards if the pool is used
   59  exclusively by the facility’s residents and if admission may not
   60  be gained by the public. However, such pool is subject to
   61  underwater electrical lighting inspections.
   62         Section 2. Present subsection (3) of section 514.025,
   63  Florida Statutes, is redesignated as subsection (4), and a new
   64  subsection (3) is added to that section, to read:
   65         514.025 Assignment of authority to county health
   66  departments.—
   67         (3) County health departments shall inspect each public
   68  pool every 5 years to ensure the safety of electrical underwater
   69  lighting, including voltage, grounding, and wiring.
   70         Section 3. Section 515.21, Florida Statutes, is amended to
   71  read:
   72         515.21 Short title.—Sections 515.21-515.37 This chapter may
   73  be cited as the “Preston de Ibern/McKenzie Merriam Residential
   74  Swimming Pool Safety Act.”
   75         Section 4. Section 515.33, Florida Statutes, is amended to
   76  read:
   77         515.33 Information required to be furnished to buyers.—A
   78  licensed pool contractor, on entering into an agreement with a
   79  buyer to build a residential swimming pool, or a licensed home
   80  builder or developer, on entering into an agreement with a buyer
   81  to build a house that includes a residential swimming pool, must
   82  give the buyer a document containing the requirements of ss.
   83  515.27-515.31 this chapter and a copy of the publication
   84  produced by the department under s. 515.31 that provides
   85  information on drowning prevention and the responsibilities of
   86  pool ownership.
   87         Section 5. Section 515.35, Florida Statutes, is amended to
   88  read:
   89         515.35 Rulemaking authority.—The department shall adopt
   90  rules pursuant to the Administrative Procedure Act establishing
   91  the fees required to attend drowning prevention education
   92  programs and setting forth the information required under ss.
   93  515.27-515.33 this chapter to be provided by licensed pool
   94  contractors and licensed home builders or developers.
   95         Section 6. Section 515.51, Florida Statutes, is created to
   96  read:
   97         515.51 Short title.—Sections 515.51-515.53 may be cited as
   98  the “Calder Sloan Swim in Safety Act.”
   99         Section 7. Section 515.52, Florida Statutes, is created to
  100  read:
  101         515.52 Legislative findings and intent.—The Legislature
  102  recognizes that this state has the second highest number of
  103  residential swimming pools per capita in the United States. The
  104  Legislature further recognizes that, according to the United
  105  States Consumer Product Safety Commission, electrical incidents
  106  involving underwater pool lighting are more numerous than those
  107  involving any other consumer product used in or around pools.
  108  The Legislature finds that serious bodily injury and death by
  109  electrocution can occur when underwater lighting in residential
  110  pools is faulty. Therefore, it is the intent of the Legislature
  111  that owners of residential swimming pools be adequately informed
  112  about the potential dangers associated with underwater lighting.
  113         Section 8. Section 515.53, Florida Statutes, is created to
  114  read:
  115         515.53 Notification on real estate documents.— Before a
  116  prospective purchaser executes the contract for sale and
  117  purchase of a residential property having a pool, the seller
  118  must present him or her with a disclosure summary in
  119  substantially the following form:
  120                      UNDERWATER POOL LIGHTING                     
  121         Faulty underwater pool lighting has caused and can
  122         cause grave bodily injury or death. In particular,
  123         pools may have 120 volts of electricity going to their
  124         lights, may not be sufficiently grounded, or may have
  125         faulty wiring. Newer pools may need to be inspected to
  126         ensure proper voltage, wiring, and grounding.
  127         Additional information regarding underwater pool
  128         lighting may be obtained from your county health
  129         department or licensed electrician.
  130  If the disclosure summary is not included in the contract for
  131  sale and purchase, the seller must attach a separate disclosure
  132  summary to the contract.
  133         Section 9. Subsection (2) of section 553.73, Florida
  134  Statutes, is amended to read:
  135         553.73 Florida Building Code.—
  136         (2) The Florida Building Code must shall contain provisions
  137  or requirements for public and private buildings, structures,
  138  and facilities relative to structural, mechanical, electrical,
  139  plumbing, energy, and gas systems, existing buildings,
  140  historical buildings, manufactured buildings, elevators, coastal
  141  construction, lodging facilities, food sales and food service
  142  facilities, health care facilities, including assisted living
  143  facilities, adult day care facilities, hospice residential and
  144  inpatient facilities and units, and facilities for the control
  145  of radiation hazards, public or private educational facilities,
  146  swimming pools, and correctional facilities and enforcement of
  147  and compliance with such provisions or requirements. The Florida
  148  Building Code must contain installation standards for underwater
  149  electrical lighting in residential and public swimming pools as
  150  defined in s. 515.25. Further, the Florida Building Code must
  151  provide for uniform implementation of ss. 515.25, 515.27, and
  152  515.29 by including standards and criteria for residential
  153  swimming pool barriers, pool covers, latching devices, door and
  154  window exit alarms, and other equipment required therein, which
  155  are consistent with the intent of s. 515.23. Technical
  156  provisions to be contained within the Florida Building Code are
  157  restricted to requirements related to the types of materials
  158  used and construction methods and standards employed in order to
  159  meet criteria specified in the Florida Building Code. Provisions
  160  relating to the personnel, supervision or training of personnel,
  161  or any other professional qualification requirements relating to
  162  contractors or their workforce may not be included within the
  163  Florida Building Code, and subsections (4), (6), (7), (8), and
  164  (9) are not to be construed to allow the inclusion of such
  165  provisions within the Florida Building Code by amendment. This
  166  restriction applies to both initial development and amendment of
  167  the Florida Building Code.
  168         Section 10. Section 553.881, Florida Statutes, is created
  169  to read:
  170         553.881 Underwater swimming pool lighting.—The Florida
  171  Building Code must prohibit the installation of or replacement
  172  with underwater electrical lights of greater than 15 volts in
  173  new or existing residential or public swimming pools.
  174         Section 11. This act shall take effect July 1, 2015.