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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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
shall34 beexempt 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 beexempt 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 beexempt 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 chaptermay 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 chapterand 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 chapterto 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 shallcontain 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.