Community pools are among the most used amenities in Florida, and they carry real risk. Drowning is reported by the Florida Department of Health as a leading cause of death for young children in the state. Each board with a pool has to decide how that risk will be managed: with lifeguards, with a written "swim at your own risk" policy, or with both.
This article is general information and is not legal advice. The association's attorney and insurance agent should be consulted before pool policies are changed.
Are Lifeguards Required at Florida Community Pools?
In most cases, no. Community association pools are regulated as public pools under Chapter 514 of the Florida Statutes and Chapter 64E-9 of the Florida Administrative Code, and a general lifeguard requirement is not found in those rules for a typical association pool. Where lifeguards are provided, they must hold a current lifeguard certification along with first aid and CPR certification.
For condominiums and cooperatives with more than 32 units whose recorded documents prohibit rentals of less than 60 days, the statute states that compliance with lifeguard standards may not be required by the Department of Health. Those pools are still permitted and are inspected each year for water quality and lifesaving equipment. Smaller associations with 32 or fewer units or parcels are exempt from most supervision, although water quality and drain safety rules still apply.
Local codes can add requirements, and special features such as water slides may need a lifeguard or a safety plan. The county health department should be asked before any change is made.
What Is Required Whether or Not a Lifeguard Is Present
Safety equipment is required at the pool under state rules, including:
- A shepherd's hook on a one-piece pole at least 16 feet long
- A lifesaving ring at least 18 inches in diameter, with enough rope to reach every part of the pool
- Safety drain covers and anti-entrapment protection
- Pool rules posted on signs as approved by the local building department
On pools longer than 50 feet, the hook and ring are required on both long sides. The equipment must be mounted where it can be seen and reached easily. Missing equipment is one of the most common findings on a health inspection.
What a "Swim at Your Own Risk" Policy Should Include
When a pool is unattended, a written policy should be adopted by the board and sent to every owner and resident. The policy is usually titled "Rules for Unattended Pool Use," and it should state that:
- No lifeguard is on duty, and the pool is used at the swimmer's own risk
- Children must be supervised by an adult, with the minimum age set by the board
- Swimming alone is discouraged
- 911 is to be called first in an emergency, and the management office is to be notified afterward
- Pool hours, guest limits, and rules on food, drinks, and glass apply to everyone
Alongside the policy, these steps should be taken:
- "No lifeguard on duty" signs should be posted at each entrance
- The pool area should be enclosed, with a self-closing, self-latching gate and key or fob access
- The association's general liability carrier should be asked to confirm coverage in writing
- An annual acknowledgment or release form can be collected from residents, if recommended by the association's attorney
- Local city or county requirements should be checked
What Should Be Weighed Before Lifeguards Are Removed
When lifeguards are supplied by a vendor, the vendor's insurance and indemnity usually stand between an incident and the association. When the service is dropped, that layer is lost and the exposure moves to the association and its carrier. The insurance agent should be asked how premiums and coverage would be affected before a vote is taken.
When lifeguards are kept, the contract should require current certifications, should state that guards are not to be given other duties such as checking passes or testing water while on watch, and should name the association as an additional insured.
A Decision That Should Be Made on the Record
Whichever approach is chosen, it should be decided at a properly noticed board meeting, written into the rules, and communicated to residents before swim season. More guidance on shared amenities can be found in our post on
HOA practices for common areas.
For help with pool rules, vendor contracts, and inspections in a Florida community,
contact Condominium Associates.
