To update language regarding required drowning prevention education programs, drowning prevention and responsibilities of swimming pool ownership.

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-21.001Drowning Prevention Education/Public Information Publication

PURPOSE AND EFFECT: To update language regarding required drowning prevention education programs, drowning prevention and responsibilities of swimming pool ownership.

SUMMARY: This rulemaking updates information and education resources regarding residential swimming pool ownership and mandatory drowning prevention education.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 515.31, 515.35, FS.

LAW IMPLEMENTED: 515.31, 515.33, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amanda Throndsen, Bureau of Family Health Services, 4052 Bald Cypress Way, Bin #A-13, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64E-21.001 Drowning Prevention Education/Public Information Publication.

(1) The educational program required in Section 515.31, F.S., shall be the online course “Home Pool Essentials,” co-developed by the American Red Cross and the National Swimming Pool Foundation 1995 American Red Cross Community Water Safety Course which is incorporated by reference and available at a cost at https://www.nspf.org/training or https://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/water-safety/home-pool-safety.html or from any the American Red Cross Chapter located within any Florida County. The agency has determined that posting the incorporated materials would be a violation of federal trademark law. The materials are available for public inspection at: the Department of Health, 4052 Bald Cypress Way, Tallahassee, Florida 32399; and the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399. A copy of the course may be obtained from the National Swimming Pool Foundation, 4775 Granby Circle, Colorado Springs, Colorado 80919, [phone].

(2) Information on drowning prevention and responsibilities of pool ownership is contained in the 1994 U.S. Consumer Product Safety Commission publication Number 362, August 2012, Safety Barrier Guidelines for Residential Home Pools which is incorporated by reference and available at no charge online at https://www.cpsc.gov/s3fs-public/362%20Safety%20Barrier%20Guidelines%20for%20Pools.pdf or from the Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814 Washington, D.C. 20207, and at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(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., 2019 2000, which are incorporated by reference and available online at www.leg.state.fl.us/statutes or at a cost from the Law Book Services Office, Room 612, 111 West Madison Street, Tallahassee, Florida 32399-1400.

Rulemaking Specific Authority 515.31, 515.35 FS. Law Implemented 515.31, 515.33 FS. History–New 7-1-01, Amended           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amanda Throndsen, Bureau of Family Health Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2019