Swimming pool must comply with the 2007 Florida Building Code (FBCR). The requirements for the enclosure or barrier are:
R4101.17.1 Residential Swimming pool barrier requirement. Residential swimming pools shall comply with
R4101.17.1.1 through R4101.17.1.14.
Exception:
A swimming pool with an approved safety pool cover, complying with ASTM F 1346-91.
R4101.17.1 Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with
R4101.17.1 through R4101.17.14.
R4101.17.1 The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.
R4101.17.1.2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of the barrier shall not be removable without the aid of tools. Openings in the barrier shall not allow passage of a 4-inch diameter sphere.
R4101.17.1.3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
R4101.17.1.4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1¾ inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches in width.
R4101.17.1.5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches in width.
R4101.17.1.6 Maximum mesh size for chain link fences shall be a 2¼ inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1¾ inches.
R4101.17.1.7 Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1¾ inches.
POOL ENCLOSURE/BARRIER SPECIFICATIONS
R4101.17.1.8 Access gates, when provided, shall comply with the requirements of R4101.17.1.8 through
R4101.17.1.8 and shall be equipped with a self-latching locking device located no less than 54 inches from the bottom of the gate. The device release mechanism shall be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than ½ inch within 18 inches of the release mechanism.
R4101.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
1. All doors and windows providing direct access from the home to the pool shall be equipped with and exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet and is either hard-wired or of the plug-in type. The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more that 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door.
Exceptions:
a. Screened or protected windows having a bottom sill height of 48 inches or more measured from the interior finished floor at the pool access level.
b. Windows facing the pool on floor above the first story.
c. Screened or protected pass-through kitchen windows 42 inches or higher with a counter beneath.
2. All doors providing direct access from the home to the pool must be equipped with a self-closing, self-
latching device with positive mechanical latching/locking installed a minimum of 54 inches above the threshold, which is approved by the authority having jurisdiction.
R4101.17.1.10 Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of R4101.17.1.1 through R4101.17.1.9 and R4101.17.1.12 through
R4101.17.1.14. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 inch diameter sphere.
R4101.17.1.11 Standard screen enclosures which meet the requirements of section R4101.17 may be utilized as part of or all of the “barrier” and shall be considered a “non-dwelling” wall. One end of the barrier shall not be removable without the aid of tools.
R4101.17.1.12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
POOL ENCLOSURE/BARRIER SPECIFICATIONS
R4101.17.1.13 The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water’s edge shall mean no less than 20 inches from the barrier to the water’s edge. Dwelling or non-dwelling walls, when used as part or all of the “barrier” and meeting the other barrier requirements, may be as close to the water’s edge as permitted by this code.
R4101.17.1.14 A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide direct access from the home to the swimming pool.
R4101.17.2 Indoor swimming pools. All walls surrounding indoor swimming pools shall comply with 424.2.17.1.9.
R4101.17.3 Prohibited locations. A barrier may not be located in a way that allows any permanent structure, equipment, or window that opens to provide access from the home to the swimming pool.
DEFINITION: Pool Perimeter – A pool perimeter is defined by the limits of the pool deck and any dwelling or non-dwelling wall or any combination thereof which completely surrounds the pool.
Swimming pool must comply with the 2007 Florida Building Code (FBCR). The requirements for the enclosure or barrier are:R4101.17.1 Residential Swimming pool barrier requirement. Residential swimming pools shall comply with R4101.17.1.1 through R4101.17.1.14.Exception:A swimming pool with an approved safety pool cover, complying with ASTM F 1346-91.R4101.17.1 Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with R4101.17.1 through R4101.17.14.R4101.17.1 The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool.
The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.
R4101.17.1.2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of the barrier shall not be removable without the aid of tools. Openings in the barrier shall not allow passage of a 4-inch diameter sphere.R4101.17.1.3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
R4101.17.1.4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1¾ inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches in width.
R4101.17.1.5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches in width.
R4101.17.1.6 Maximum mesh size for chain link fences shall be a 2¼ inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1¾ inches.
R4101.17.1.7 Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1¾ inches.
POOL ENCLOSURE/BARRIER SPECIFICATIONS
R4101.17.1.8 Access gates, when provided, shall comply with the requirements of R4101.17.1.8 through R4101.17.1.8 and shall be equipped with a self-latching locking device located no less than 54 inches from the bottom of the gate. The device release mechanism shall be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than ½ inch within 18 inches of the release mechanism.
R4101.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:1. All doors and windows providing direct access from the home to the pool shall be equipped with and exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet and is either hard-wired or of the plug-in type. The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more that 15 seconds.
The deactivation switch shall be located at least 54 inches above the threshold of the door.Exceptions:a. Screened or protected windows having a bottom sill height of 48 inches or more measured from the interior finished floor at the pool access level.b. Windows facing the pool on floor above the first story.c. Screened or protected pass-through kitchen windows 42 inches or higher with a counter beneath.2. All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with positive mechanical latching/locking installed a minimum of 54 inches above the threshold, which is approved by the authority having jurisdiction.R4101.17.1.10 Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of R4101.17.1.1 through R4101.17.1.9 and R4101.17.1.12 through R4101.17.1.14.
When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 inch diameter sphere.R4101.17.1.11 Standard screen enclosures which meet the requirements of section R4101.17 may be utilized as part of or all of the “barrier” and shall be considered a “non-dwelling” wall. One end of the barrier shall not be removable without the aid of tools.R4101.17.1.12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
POOL ENCLOSURE/BARRIER SPECIFICATIONS
R4101.17.1.13 The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water’s edge shall mean no less than 20 inches from the barrier to the water’s edge. Dwelling or non-dwelling walls, when used as part or all of the “barrier” and meeting the other barrier requirements, may be as close to the water’s edge as permitted by this code.R4101.17.1.14 A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide direct access from the home to the swimming pool.R4101.17.2 Indoor swimming pools. All walls surrounding indoor swimming pools shall comply with 424.2.17.1.9.R4101.17.3
Prohibited locations. A barrier may not be located in a way that allows any permanent structure, equipment, or window that opens to provide access from the home to the swimming pool.DEFINITION: Pool Perimeter – A pool perimeter is defined by the limits of the pool deck and any dwelling or non-dwelling wall or any combination thereof which completely surrounds the pool.

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515.31  Drowning prevention education program; public information publication

(1)  The department shall develop a drowning prevention education program, which shall be made available to the public at the state and local levels and which shall be required as set forth in s. 515.27(2) for persons in violation of the pool safety requirements of this chapter. The department may charge a fee, not to exceed $100, for attendance at such a program. The drowning prevention education program shall be funded using fee proceeds, state funds appropriated for such purpose, and grants. The department, in lieu of developing its own program, may adopt a nationally recognized drowning prevention education program to be approved for use in local safety education programs, as provided in rule of the department.
(2)  The department shall also produce, for distribution to the public at no charge, a publication that provides information on drowning prevention and the responsibilities of pool ownership. The department, in lieu of developing its own publication, may adopt a nationally recognized drowning prevention and responsibilities of pool ownership publication, as provided in rule of the department.

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515.29 Residential swimming pool barrier requirements.

(1)  A residential swimming pool barrier must have all of the following characteristics:

(a)  The barrier must be at least 4 feet high on the outside.

(b)  The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.

(c)  The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.

(d)  The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.

(2)  The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.

(3)  Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

(4)  A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.

(5)  A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.

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Florida Barrier Law For Swimming Pool Contractors

At the time of signing a contract for a new swimming pool /spa, a pool contractor (home builder or home developer) is required to provide the customer with a copy of the law (Residential Swimming Pool Safety Act) and the approved drowning prevention publication (Consumer Product Safety Commission Publication #362).

Florida Department of Health regulations for distribution of safety material:
CHAPTER 64E-21 RESIDENTIAL SWIMMING POOLS
64E-21.001 Drowning Prevention Education/Public Information Publication.

(1) The educational program required in Section 515.31, F.S., shall be the 1995 American Red Cross Community Water Safety Course which is incorporated by reference and available at a cost from the American Red Cross Chapter located within any Florida County.

(2) Information on drowning prevention and responsibilities of pool ownership is contained in the 1994 U.S. Consumer Product Safety Commission publication Number 362, Safety Barrier Guidelines for Home Pools which is incorporated by reference and available at no charge from the Consumer Product Safety Commission, Washington, D.C. 20207.

(3) In accordance with Section 515.33, F.S., the document containing the requirements of this chapter shall be Sections 515.21 through 515.37, F.S., 2000, which are incorporated by reference and available at a cost from the Law Book Services Office, Room 612, 111 West Madison Street, Tallahassee, Florida 32399-1400.

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