Community Pool Hours restricted by Florida Law?

Started by HenryD3 • 8 replies • 7247 views

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HenryD3 (Florida)
Posts: 49

Posted:

Hello,
In reviewing my HOA's Supplemental Rules, there is an entry that says

F. POOL AND POOL AREA

1. The pool is open dawn to dusk (night swimming is prohibited by state law).

2. The pool may not be used when “Closed” signs are posted.

I have searched this site (wow, 55 pages of search entries) and Googled a bunch but apparently I am very poor at using Google. What I am trying to find, is the Florida law or regulation, that my HOA cites in the rule entry above.
I can see there they might want to close the pool at perhaps 9pm or 10pm so as not disturbe those that live near the clubhouse/pool, but dusk is only 5:30pm in the winter.

Thank you

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Never heard of closing a pool at dusk. A park they do. The pool is a privately owned in a HOA. So not sure other than the typical sound ordinances, a pool would be closed.

Know that cemeteries are also something that must be closed at dusk. Not allowed to be in a cemetery at night in our state. So maybe look along those lines for parks/cemeteries to find the answer on pools. Can also call your local code enforcement department.

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Public swimming pools are regulated by state law. Each county's Department of Health is in charge of enforcing the statutory requirememts.

A pool can absolutely be open at night if the lighting requirements are adhered to.

Florida Statutes Chapter 514 for PUBLIC SWIMMING AND BATHING FACILITIES.

Florida Department of Health Regulations for Public Swimming Pools.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Geno

Can we assume an association's pool is not a public pool thus the open/closed hurss can be controlled by the Association's BOD?

SheliaH (Indiana)
Posts: 6,964

Posted:

That's what I was thinking. When we had a pool, we closed it at 7 or so in the summer, but we're not in florida, so weather doesn't work the same way.

As a practical matter, the HOA pool is for homeowners and their guests, so why would the city have anything to do with the hours? This isn't the same as enforcing rules on health related issues, such as keeping the chemicals in order.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

HenryD3 (Florida)
Posts: 49

Posted:

GenoS
THANK YOU.
I found the following answer in the FAQ on the Florida Department of Health Regulations for Public Swimming Pools

What determines when public swimming pools can remain open?
Pool owners choose when their pools can be used. There are no required hours that a public swimming pool must be open. However, it cannot be open at night unless the pool and pool deck have proper lighting for the safety of patrons. The lighting above and below water must be approved by the local building department after a professional conducts a field test. Then, "night swimming approved" will be noted on the pool permit. State code defines night as 30 minutes before sunset to 30 minutes after sunrise.

SamE2 (New Jersey)
Posts: 310

Posted:

By definition in New Jersey a HOA pool is a public pool and must fellow rules and regulations for public pools even though the pool is only used by homeowners and guests of homeowners.

BobB31 (Florida)
Posts: 178

Posted:

Quote:

Posted By JohnC46 on 12/18/2019 5:22 PM
Geno

Can we assume an association's pool is not a public pool thus the open/closed hurss can be controlled by the Association's BOD?

No we (in Florida) are subject to the regulations for public pools. We need to get a new permit every year, and the pool is subject to periodic inspections by the Health Dept.

From 514.011(2):
“Public swimming pool” or “public pool” ... includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses

GenoS (Florida)
Posts: 4,276

Posted:

In Florida, anything that's not considered a "private pool" is subject to the regulations for "public swimming pools".

There are exemptions for condos and co-ops. If there are more than 32 units in the condo or co-op then short-term rental restrictions must be in place in order to claim the exemption (60 days or less).

There are no exemptions for HOAs no matter the size. If you're an FS 720 HOA and you've got a community pool, it's a public pool as far as the state of Florida is concerned, even if it's in a gated community.

HenryD found the right website

Florida Dept. of Health's Public Swimming Pools pages. The applicable statute, FS 514, is here.

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