Short answer: Under Florida’s Residential Swimming Pool Safety Act (Chapter 515, Florida Statutes), a new residential pool must have at least one approved safety feature to pass final inspection: a compliant barrier, an approved safety cover, exit alarms, self-closing and self-latching doors, or a certified pool alarm. Here is what each means for families in St. Augustine and surrounding areas.
What is the Residential Swimming Pool Safety Act?
Chapter 515 of the Florida Statutes is officially the “Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act” (s. 515.21). The Legislature found that drowning is the leading cause of death of young children in Florida and that constant adult supervision is key. It also found that a pool safety feature that can “deny, delay, or detect” a child’s unsupervised entry reduces drowning (s. 515.23).
Which pools does it cover?
A “swimming pool” under the law is a structure in a residential area intended for swimming or recreational bathing that holds water over 24 inches deep, including in-ground, aboveground and on-ground pools, hot tubs and nonportable spas (s. 515.25). The law defines a “young child” as anyone under 6.
The five safety-feature options (s. 515.27)
To pass final inspection, a new residential pool must meet at least one of these:
- A barrier that isolates the pool from the home and meets s. 515.29.
- An approved safety pool cover meeting ASTM F1346-91.
- Exit alarms on every door and window that opens directly to the pool area, rated at least 85 dB A at 10 feet.
- Self-closing, self-latching devices on every door with direct pool access, with the release at least 54 inches above the floor.
- A pool alarm certified to ASTM F2208 that sounds on unauthorized entry. Alarms worn by a child do not count.
What the barrier must look like (s. 515.29)
- At least 4 feet high on the outside.
- No gaps or openings a young child could crawl under, squeeze through or climb over.
- Gates that open outward and are self-closing and self-latching, with the release on the pool side, out of a young child’s reach.
- Placed far enough from the water’s edge that a child who gets past it does not fall straight in.
- No permanent structures or objects next to it that a child could use to climb over.
What happens if a new pool does not comply?
Failing to equip a new residential pool with a required safety feature is a second-degree misdemeanor. The law lets the owner avoid the penalty by adding a feature and attending a drowning-prevention education program within 45 days (s. 515.27(2)).
Buying or building a home with a pool?
When a licensed pool contractor agrees to build a pool, or a licensed home builder or developer agrees to build a house that includes a pool, they must give the buyer a document summarizing these requirements (s. 515.33). Cities and counties may adopt their own pool-safety ordinances that are equal to or stricter than state law (s. 515.37), so check with your local building department before you build or remodel.
A barrier is one layer, not the only one
The law itself says constant adult supervision is key. Combine barriers with supervision, swim lessons, life jackets and CPR training.
Source: Chapter 515, Florida Statutes (2026), Florida Legislature. This article is general information, not legal advice. For your property, consult your local building department or an attorney.
Swim lessons are one layer of protection. No child is drown-proof. Always supervise children in and around water, and use barriers, life jackets and CPR training.
Written by Olga Hyland, Certified Infant Aquatics® Instructor, CPR/AED/First Aid certified, former pediatric ICU clinical assistant and emergency department technician, and author of Floating for Survival.
Questions about lessons in St. Augustine or nearby? Text Olga at 904-274-0306 or reserve your spot.
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