Develop rules to address necessary definition changes, technical changes, and reference changes resulting from statutory changes, previous rulemaking, and recent developments in this field.

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-9.001: General
64E-9.002: Definitions
64E-9.003: Forms
64E-9.0035: Exemptions
64E-9.004: Operational Requirements
64E-9.005: Construction Plan or Modification Plan Approval
64E-9.006: Construction Plan Approval Standards
64E-9.007: Recirculation and Treatment System Requirements
64E-9.008: Supervision and Safety
64E-9.009: Wading Pools
64E-9.010: Spa Pools
64E-9.011: Water Recreation Attractions and Specialized Pools
64E-9.013: Bathing Places
64E-9.015: Fee Schedule
64E-9.016: Exemptions and Variances
64E-9.017: Enforcement
64E-9.018: Public Pool Service Technician Certification
PURPOSE AND EFFECT: Develop rules to address necessary definition changes, technical changes, and reference changes resulting from statutory changes, previous rulemaking, and recent developments in this field.
SUMMARY: Numerous revisions including amendments in each rule are proposed. A public hearing is scheduled.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 381.006, 381.0011, 386.02, 514.021 FS.
LAW IMPLEMENTED: 381.006, 381.0011, 381.0025, 386.01, 386.02, 386.03, 386.041, 386.051, 514.011, 514.021, 514.03, 514.031, 514.05, 514.071, 514.075 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, December 2, 2008, 1:00 p.m. – 4:00 p.m. is scheduled and will continue until all attendees have presented
PLACE: Florida Dept of Health Building 4042, Room 301, 4042 Bald Cypress Way, Tallahassee 32399-1742
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Pat Duncan, Bureau of Water Programs, C-22, 4042 Bald Cypress Way, Tallahassee 32399-1742, phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bob Vincent, Bureau of Water Programs, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-9.001 General.

(1) No change.

(2) This chapter prescribes minimum design, construction, and operation requirements.

(a) The department will accept dimensional standards for competition type pools as published by the National Collegiate Athletic Association, 20083; Federation Internationale de Natation Amateur (FINA), 20052-20095 Handbook; 2006-2007 1998-1999 Official Rules and of Diving & Code of USA Diving with 2007 Amendments by Regulation of United SAtates Diving, Inc.; 2008 USA 3 United States Swimming Rules and Regulations, and National Federation of State High School Associations, Swimming and Diving and Water Polo Rules Book, 2008 2002-2009 2003, which are incorporated by reference in these rules and can be obtained from: NCAA.org, fina.org, usadiving.org, usaswimming.org, and nfhs.org, respectively.

(b) No change.

(3) No change.

(4) The Americans with Disabilities Act of 1990 may relate to public pools and should be reviewed by the design engineer and the pool owner. Chapter 11 and Section 424.1 of the Florida Building Code also have application to public pools.

Specific Authority 381.006, 381.0011, 514.021 FS. Law Implemented 381.006, 381.0011, 381.0025, 386.01, 386.02, 386.03, 386.041, 386.051, 514.011, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.130, Amended 12-27-98, 5-27-04,________.

 

64E-9.002 Definitions.

(1) through (3) No change.

(4) “Collector Tank” – A reservoir, with a minimum of 2.25 square feet water surface area open to the atmosphere, from which the recirculation or feature pump takes suction, which receives the gravity flow from the main drain line, surface overflow system or feature water source line, and that is cleanable.

(5) “D.E.” – is the Diatomateous Earth that is used as a filter aid in DE type filters. For the purpose of this rule, it also includes alternative filter aids that have been approved under NSF/ANSI Standard 50-2007, and accepted by the filter manufacturer.

(6)(5) “Department” – The Department of Health (DOH), specifically, Division of Environmental Health and county health departments unless specified otherwise.

(7)(6) “Effective Barrier” – A barrier which consists of a building, or equivalent structure, plus a 48 inch minimum height fence on the remaining sides or a continuous 48 inch minimum height fence. All access through the barrier must have one or more of the following safety features: alarm, key lock or self-locking doors and gates. Safety covers that comply with the American Society for Testing Materials standard F1346 may also be considered as an effective barrier.

(8)(7) “Flow Through” – Continuous verifiable inflow and outflow or in the case of spring fed lakes shall be verifiable by continuous outflow.

(9)(8) “Inaccessible” – Enclosed by an effective barrier.

(10)(9) Interactive Water Features – A structure designed to allow for recreational activities with recirculated, filtered, and treated water; but having minimal standing water. Water from the interactive fountain type features is collected by gravity below grade in a collector tank or sump. The water is filtered, disinfected and then pumped to the feature spray discharge heads.

(11)(10) “Lifeguard” – Person responsible for the safety of the users of a public swimming pool.

(12)(11) “Living Unit” – Room(s) or spaces capable of being occupied by an individual or group for temporary or permanent lodging purposes. This includes motel and hotel rooms, apartment units, boarding house rooms, condominium units, travel trailers, recreational vehicles, mobile homes, single family homes, and individual units in multiple unit housing complexes.

(13) “Marking” or “Markings” – Refers to the placement and installation of visual marking cues to help patrons identify step, bench and swimout outlines, slope break location, depth designations, and NO ENTRY and NO DIVING warnings. When markings are specified by code to be dark the term dark shall mean a Munsell Color Value from zero to four.

(14)(12) “Modification” – Any act which changes or alters the original characteristics of the pool as approved. For example, changes in the recirculation systems, decking, treatment systems, disinfection system, and pool shape are modifications.

(15)(13) “NTU” – Nephelometric Turbidity Unit which is a means of measuring water clarity.

(16)(14) “Perimeter Overflow Gutter” – A level trough or ledge around the inside perimeter of the pool containing drains to clean the pool water surface.

(17)(15) “Plunge Pool” – The receiving body of water located at the terminus of a recreational water slide.

(18)(16) “Pool Floor” – The interior pool bottom surface which consists of that area from a horizontal plane up to a maximum of a 45 degree slope.

(19)(17) “Pool Wall” – The interior pool side surfaces which consist of that area from a vertical plane to a 45 degree slope.

(20)(18) “Pool Turnover” – The circulation of the entire pool volume through the filter system.

(21)(19) “Precoat Pot” – A container with a valved connection to the suction side of the recirculation pump of a pressure diatomaceous earth (D.E.) type filter system used for coating the filter with D.E. powder or NSF/ANSI Standard 50-2007 and manufacturer approved substitute filter aid.

(22)(20) “Private Pool” – See Section 514.011(3), F.S.

(23)(21) “Public Bathing Place” – See Section 514.011(4), F.S. The bathing water areas of public bathing places include lakes, ponds, rivers, springs, streams, and artificial impoundments.

(24)(22) “Public Swimming Pool” or “Public Pool” – See Section 514.011(2), F.S.

(25)(23) “Recirculation System” – The system of piping and mechanics designed to remove the water from the pool then filter, disinfect and return it to the pool.

(26) “River Ride” – A water recreation attraction designed to convey bathers around a relatively flat course using an artificially created current.

(27)(24) “Sanitary Survey” – A professional assessment of any existing and potential sources of pollution of a specific land or water area.

(28)(25) “Slip Resistant” – Having a textured surface which is not conducive to slipping under contact of bare feet unlike glazed tile or masonry terrazzo and non-textured plastic materials. Manufactured surface products shall be designated by the manufacturer as suitable for walking surfaces in wet areas. Minimum acceptable static coefficient of friction to determine slip resistance is 0.6 on horizontal wet walking surfaces in the pool and for the wet deck area.

(29)(26) “Spa Pool” – A pool used in conjunction with high velocity air or water.

(30)(27) “Special Purpose Pool” – A public pool used exclusively for a specific, supervised purpose, including springboard or platform diving training, SCUBA diving instruction, and aquatic programs for handicapped individuals, pre-school or kindergarten children.

(31)(28) “Swimming Instructor” – Person who offers progressive swimming instruction.

(32) “Swimming Pool Slide” a slide designed by its manufacturer to discharge over the sidewall of a swimming pool.

(33)(29) “Swim Spa” – A pool used in conjunction with a directional flow of water against which one swims.

(34)(30) “Wading Pool” – A shallow pool designed to be used by children.

(35)(31) “Water Recreation Attraction” – A facility with design and operational features that provide patron recreational activity and purposefully involves immersion of the body partially or totally in the water. Water recreation attractions include water slides, river rides, water course rides, water activity pools, interactive water features, and wave pools and any additional pool within the boundaries of the attraction.

(36)(32) “Water Activity Pool” – A water recreation attraction which has water related activities such as rope ladders, rope swings, cargo nets and other similar activities.

(33) “River Ride” – A water recreation attraction designed to convey bathers around a relatively flat course using an artificially created current.

(37)(34) “Water Slides” – A water recreation attraction ride which is characterized by having trough-like or tubular flumes or chutes.

(38) “Water Theme Park” – Means a complex with controlled access, fenced and gated attraction where guests enter through a limited number of entrances upon purchase of a ticket. These facilities are permanent and consist of multiple water recreation attractions. Lifeguards are present during all operating hours.

(39) “Water Therapy Facilities” as that term is used in Section 514.0115(1), F.S., are pools used exclusively for water therapy to treat a diagnosed injury, illness, or medical condition, wherein the therapy is provided under the direct supervision of a Florida licensed physical therapist, occupational therapist, or athletic trainer; pursuant to a prescription by a physician or a physician's assistant (PA) licensed pursuant to Chapter 458 or 459, F.S., a podiatrist licensed pursuant to Chapter 461, F.S., or an advanced registered nurse practitioner (ARNP) licensed pursuant to Chapter 464, F.S.; and the prescribing physician, PA, podiatrist or ARNP, authorizes a plan of treatment justifying use of the pool for health care purposes.

(40)(35) “Wave Pool” – A water recreation attraction that is characterized by wave action.

(41)(36) “Wet Deck Area” – The four foot wide unobstructed pool deck area around the outside of the pool water perimeter, curb, ladders, handrails, diving boards, diving towers, pool slides, waterfalls, water features, starting blocks, planters, or lifeguard chairs.

(42)(37) “Zero Depth Entry Pool” – A pool where the pool floor continues to slope upward to a point where it meets the surface of the water and the pool deck.

(38) “Marking” or “Markings” – Refers to the placement and installation of visual marking cues to help patrons identify step, bench and swimout outlines, slope break location, depth designations, and NO ENTRY and NO DIVING warnings. When markings are specified by code to be dark the term dark shall mean a Munsell Color Value from zero to four.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 381.02, 386.03, 386.041, 386.051, 514.011, 514.021, 514.03, 514.031, 514.05, 514.06, 514.071 FS. History–New 10-5-93, Formerly 10D-5.131, Amended 12-27-98, 5-27-04,________.

 

64E-9.003 Forms.

(1) All forms listed in this section are herein incorporated by reference in these rules and may be obtained from the department, at: http://www.doh.state.fl.us/environment/water/swim/download.html, or DOH, mail bin C-22, 4052 Bald Cypress Way, Tallahassee 32399-1742, or at the local County Health Department. The following forms are for use by the department or the public:

(a) DH 1350, 7/08 3/98, Public Swimming Pool Engineering Inspection Report.

(b) through (c) No change.

(2)(a) through (b) No change.

(c) DH 914, 7/08 Sept. 99, Application For Approval Of Swimming Pool Plans.

(d) DH 916, 7/08 3/98, Application for Swimming Pool Operating Permit/Authorization.

(e) DH 917, 3/98, Application for a Bathing Place Operating Permit/Authorization.

(f) No change.

(g) DH 4080, 7/08 April 97, Application for Variance from Chapter 64E-9, F.A.C.

(h) DH 4144 1/09, Application for Swimming Pool Exemption Status – Water Therapy Facilities.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented Part I, Ch. 386, 381.0011, 381.0025, 381.006, 514.011, 514.0115, 514.021, 514.025, 514.03, 514.031, 514.033 FS. History–New 10-5-93, Formerly 10D-5.132, Amended 12-27-98, 3-30-00, 5-27-04, ________.

 

64E-9.0035 Exemptions.

(1) A person seeking an initial exemption, or an existing facility claiming to be exempt from department regulation pursuant to the provisions of Section 514.0115, F.S., shall apply to the department on forms listed in Rule 64E-9.003, F.A.C. Each such application shall be renewed bi-annually, by July 1st of each even numbered year.

(a) Applicants for a swimming pool exemption pursuant to paragraph (2)(a) or (2)(b) or subsection (1), of Section 514.0115, F.S., shall submit the following information along with the applicable department form listed above:

1. For condominiums, the recorded declaration of condominium, the condominium’s articles of incorporation and bylaws, and all duly adopted and recorded amendments, supplements, and all recorded exhibits thereto, and a copy of a plot plan diagram for the proposed property; or

2. For cooperatives, the articles of incorporation of the association, the bylaws, and the ground lease or other underlying lease, if any; the document evidencing a unit owner’s membership or share in the association; and the document recognizing a unit owner’s title or right of possession to his or her unit, and a copy of a plot plan diagram for the proposed property.

3. For exemption as a water therapy facility pool, a written statement signed by a medical professional that they have already, or intend to prescribe medical water therapy for a patient in the pool and this professional shall be a physician or a physician's assistant (PA) licensed pursuant to Chapter 458 or 459, F.S., a podiatrist licensed pursuant to Chapter 461, F.S., or an advanced registered nurse practitioner (ARNP) licensed pursuant to Chapter 464, F.S. For subsequent biannual exemption renewals, in addition to the signed written statement from a medical professional as required above, each water therapy facility shall provide a list of the Florida licensed physical therapist(s), occupational therapist(s), and athletic trainer(s) providing therapy in the pool.

(b) For purposes of Section 514.0115, F.S., the term condominium shall be as defined in Chapter 718, F.S., and the term cooperative shall be as defined in Chapter 719, F.S.

(2) A person who sought and received an exemption from public swimming pool regulation, shall contact the department if the conditions upon which the exemption was granted change so as to eliminate the exemption status. Under such circumstances, the pool must be modified in order to comply with the provisions of this chapter and Chapter 514, F.S.

(3) An exemption from department rules does not exempt the pool from Florida Building Code requirements.

Specific Authority 381.006, 514.021 FS. Law Implemented 514.0115 FS. History–New________.

 

64E-9.004 Operational Requirements.

(1)(a) through (c) No change.

(d) Chemical quality – Chemicals used in controlling the quality of the pool water shall be tested and approved using the National Sanitation Foundation (NSF-ANSI) Standard 60, 2005 1996a 1997, which is incorporated by reference in these rules and shall be compatible with other accepted chemicals used in pools. The following parameters shall be adhered to for pool water treatment:

1. through 3. No change.

4. Cyanuric acid – 40 100 mg/L maximum in pools and 40 mg/L in spa pools

5. through 7. No change.

(e) Landscape irrigation water that wets the wet deck area of the pool, the pool itself, collector tank or an interactive water feature must be potable water from a public water system.

(2) through (10) No change.

(11) Test kits are required to be on the premises of all pools to determine free active chlorine and total chlorine using N,N-Diethyl-p-Phenylenediamine (DPD), or bromine level, total alkalinity, calcium hardness, and pH.

(a) The following test kits shall be provided if the corresponding chemicals are used: cyanuric acid, sodium chloride, quaternary ammonium, ozone and copper.

(b) through (d) No change.

(12) No change.

(13) The keeping of a daily record of information regarding pool operation, using the Monthly Swimming Pool Report – DH 921 3/98, obtained from the local county health department, shall be the responsibility of the pool owner or operator. Customized report forms may be substituted provided they contain the appropriate information and are acceptable to the department. The completed report shall reflect manually conducted pool water tests for pH and disinfectant levels at least once every 24 hours, and weekly testing for cyanuric acid when chlorinated isocyanurates are used at spas, monthly at pools, and shall be retained at the pool or submitted monthly as required by the local health department. DH 921, 3/98, may be obtained at the local county health department. For the purposes of daily testing of the pool water and keeping of the Monthly Swimming Pool Log, the requirements of Rule 64E-9.018, F.A.C., are not applicable.

(14) Should a human fecal accident occur, the pool operator or owner shall comply with all recommendations found in consider the Centers for Disease Control’s (CDC) “Fecal accident response recommendations for Aquatics pool Sstaff” found on the internet web site: http://www.cdc.gov/healthyswimming/fecalacc.htm http://www.cdc.gov/healthy swimming/. Alternative emergency disinfection methods approved by the CDC may also be used.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented Part I, Ch. 386, 381.0011, 381.0025, 381.006, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.133, Amended 12-27-98, 5-27-04,_________.

 

64E-9.005 Construction Plan or Modification Plan Approval.

It is unlawful for any person(s) to begin construction or modification of any public pool without first having received written approval from the department. Unapproved pools and proposed modifications to previously approved aspects of pools shall satisfy the requirements of the rules in effect at the time of project plans submittal. The department shall allow flow velocities through the main drain and surface overflow system piping which exceed those specified in subsection 64E-9.007(8), F.A.C., when retrofitting the pool recirculation system with a collector tank. However, the design engineer must provide appropriate calculations justifying the design. The flow rate through the main drain grating shall not exceed 1.5 feet per second.

(1) No change.

(a) No change.

1. No change.

2. Construction drawings of the project which contain sufficient detail to clearly apprise the department of the work to be undertaken which includes a site map with nearest cross streets and major thoroughfares, all views of the pool including dimensions, equipment area or enclosure, project layout and location, sanitary facility detail and location, a scaled site plan, a property survey (if available), a pool equipment list including the manufacturer or distributor names, model numbers, and catalog numbers or equipment description. All prints shall be drawn to a standard scale and shall be a minimum size of 18 × 24 inches and a maximum size of 36 × 42 inches. The details on the drawings shall be satisfactory for photographic reproduction. Color coded drawings are not acceptable. A four by six inch blank space shall be left vacant on the lower right hand corner or directly above the title block on each sheet.

3. No change.

4. If available, an electronic copy of the plans in PDF, TIF, DWG, or JPEG format.

(b) through (g) No change.

(h) If construction of the pool shell has not commenced within one year from the date of plans approval, the approval shall expire. After plans approval expires, and there have been no changes to Chapter 64E-9, F.A.C., that affect the proposed plans, the applicant may submit the same plans to the department for re-approval, along with the fee established in paragraph 64E-9.015(1)(b), F.A.C. If there have been changes to Chapter 64E-9, F.A.C., that affect the proposed plans, or if the plans differ from the original submission, then the applicant must submit the fee established in paragraph 64E-9.015(1)(a), F.A.C.

(i) No change.

1. through 2. No change.

3. When night swimming is proposed, an engineer licensed in Florida shall provide certification that the deck and surface lighting requirements of paragraph 64E-9.006(2)(c), F.A.C., have been met.

(j) No change.

(2) No change.

(a) through (d) No change.

(e) The pool ladder must have a three to six inch clearance from the pool wall. New cross braced ladder(s) shall be installed in place of non-cross braced ladder(s) in conformance with subparagraph 64E-9.006(1)(d)1., F.A.C., during a pool re-surfacing.

(f) through (g) No change.

(h) The County Health Department shall be notified in writing of any proposed pool resurfacing or upgrades to decking at least 10 days prior to commencement. The notification shall include an itemized list of all proposed work that is to be performed, the license number of the contractor selected and shall indicate that all work will meet the requirements of paragraphs 64E-9.005(2)(a) through (g), F.A.C.

(i) No change.

(j) Recessed treads that protrude from the pool wall shall be removed and replaced with a cross braced ladder or reconstructed to meet the requirements of subparagraph 64E-9.006(1)(d)2., F.A.C.

(3) through (6) No change.

(7) The installation of copper or copper/silver ionization units and ozone generators capable of producing less than a pool water ozone contact concentration of 0.1 milligrams per liter (mg/L). shall not be considered a pool modification provided compliance with when the following is met:

(a) The ionization or ozone generator unit complies with paragraph 64E-9.007(16)(e), F.A.C.

(b) No change.

1. through 3. No change.

4. The unit shall meet the requirements of the NSF standard 50.

(c) At least 7 days before At the time of installation, the installer will provide a photocopy of the above drawings and a letter of intent identifying the pool on which the unit is to be installed.

(d) No change.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.025, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.134, Amended 12-27-98, 5-27-04,_________.

 

64E-9.006 Construction Plan Approval Standards.

(1) Pool Structure – Pools shall be constructed of concrete or other impervious and structurally rigid material. All pools shall be watertight, free from structural cracks and shall have a nontoxic smooth and slip resistant finish. All materials shall be installed in accordance with manufacturer’s specifications unless such standards violate rule requirements or NSF approval.

(a) Floors and walls shall be white or light pastel in color and shall have the characteristic of reflecting rather than absorbing light. A minimum 4 inch tile line, each tile a minimum size of four square inches, shall be installed at the water line, but shall not exceed 12 inches in height if a dark color is used. Gutter type pools may substitute 2-inch tile, each a minimum size of four square inches, along the pool wall edge of the gutter lip.

1. through 2. No change.

3. One inch square tile may be used throughout the remainder of the pool if the licensed contractor provides a signed written certification to the approving department engineer that the adhesive used on the one inch square tile has a manufacturer's tested sheer strength of at least 250 psi and the manufacturer has specified the adhesive for use underwater to adhere the type of tile used (vitreous (glass) or ceramic).

(b) Sizing – The bathing load for conventional swimming pools, wading pools, interactive water features, water activity pools less than 24'' deep, and special purpose pools shall be computed on the basis of one person per five gallons per minute (gpm) of recirculation flow. The bathing load for wading pools and interactive water features shall be established by averaging one person per 20 square feet of pool area and one person per 5 gallons per minute of filter rate. The bathing load for spa type pools shall be based on one person per each 10 square feet of surface area. The filtration system for swimming pools shall be capable of meeting all other requirements of these rules while providing a flowrate of at least one gallon per minute for each living unit at transient facilities and three-fourths gallon per minute at non-transient facilities. Recreational vehicle sites, campsites and boat slips designated for live-aboards shall be considered a transient living unit. For properties with multiple pools, this requirement includes the cumulative total GPM of all swimming pools, excluding spas, wading pools and interactive water features. All other types of projects shall be sized according to the anticipated bathing load and proposed uses. For the purpose of determining minimum pool size only, the pool turnover period used cannot be less than three hours.

(c) Dimensions.

1. Walls and corners – All pool walls shall have a clearance of 15 feet perpendicular to the wall (as measured at design water level from gutter lip to gutter lip, or on skimmer pools, from vertical wall to vertical wall). Offset steps, and spa coves, spa pools and wading pools are exempt from this clearance requirement. Where interior steps protrude into the pool resulting in less than 15 feet of clearance from any wall such protrusion shall not exceed six feet on any perpendicular line from a tangent to any pool wall from which the steps emanate. The upper part of pool walls in areas five feet deep or less shall be within five degrees of vertical for a minimum depth of two and one-half feet from which point the wall may join the floor with a maximum radius equal to the difference between the pool depth and two and one-half feet. The upper part of pool walls in areas over five feet deep shall be within five degrees of vertical for a minimum depth equal to the pool water depth minus two and one-half feet from which point the wall may join the floor with a maximum radius of two and one-half feet. Corners shall be a minimum 90 degree angle. The corner intersections of walls which protrude or angle into the pool water area shall be rounded with a minimum radius of two inches. This radius shall be continued through the top of the gutter edge; chamfering is allowed. Pool coping shall not overhang into the pool more than one and a half inches.

2. through 3. No change.

(d) Access – All pools shall have a means of access every 75 feet of pool perimeter with a minimum of two, located so as to serve both ends of the pool. In addition, an access point shall be provided at the deep portion, if the deep portion is not at one end of the pool. When the deep portion of the pool is over 30 feet wide both sides of this area shall have a means of access. Access shall consist of ladders, stairs, recessed treads or swimouts and may be used in combination. All treads shall have a slip resistant surface.

1. Ladders – Ladders shall be of the cross-braced type and shall be constructed of corrosion resistant materials and be securely anchored into the pool deck. Clearance between the ladder and pool wall shall be between three to six inches. Ladders shall extend at least 28 inches and no more than 40 inches above the pool deck. Ladder bottom braces shall have intact end caps or bumpers that rest firmly against the pool wall. The top rung of the ladder shall be at or below the water level on open gutter pools and not more than 12 inches below the deck or curb top on all other type pools.

2. No change.

3. Stairs – Stairs shall have a minimum tread width of 10 inches and a maximum width of 48 inches for a minimum tread length of 24 inches and a maximum riser height of 10 inches. Treads and risers between the top and bottom treads shall be uniform to within 1/2 inch in width and height. The riser heights shall be measured at the marked step edges and the differences in elevation shall be considered the riser heights. The front 3/4 to 2 inches of the tread and the top 2 inches of the riser shall be tile, dark in color, contrasting with the interior of the pool. Tile shall be slip resistant. Bullnose tile that is slip resistant may be used when the 3/4ths inch segment is placed on the tread or horizontal surface and the 2 inch segment is placed on the riser or vertical surface. Where the gutter is used as the top step, the tile on the gutter for the width of the steps shall be slip resistant. Vinyl liner and fiberglass pools may use other material for the step edge marking, provided the material is permanent, permanently secured, dark in color, non-fading, and slip resistant.

4. No change.

5. Handrails and Grabrails – Handrails shall be provided for all stairs, shall be anchored in the bottom step and the deck. Where “figure 4” deck mounted type handrails are used, they shall be anchored in the deck and extend laterally to any point vertically above the bottom step. Grabrails must be mounted in the pool deck at each side of recessed steps. Handrails and grabrails shall extend between at least 28 and 40 to 36 inches above the step edge and deck.

6. No change.

(e) No change.

1. No change.

2. Underwater seat benches may be installed in areas less than five feet deep. Bench seats must be 14 to 18 inches wide and must have a dark contrasting tile marking on the seat edge extending two inches on the horizontal and vertical surface. Tile must be slip resistant. Bullnose tile may be substituted and installed in accordance with subparagraph 64E-9.006(1)(d)3., F.A.C. Vinyl liner, stainless steel, and fiberglass pools may use other material for the bench edge marking, provided the material is permanently secured, dark in color, non-fading, and slip resistant. Benches shall not protrude into the 15 foot clearance requirement of subparagraph 64E-9.006(1)(c)1., F.A.C.

(f) No change.

(g) Diving Areas – Diving facilities shall meet the minimum requirements of the FINA dimensions for diving facilities in accordance with the 2005 1998-20090 FINA Handbook.

1. through 4. No change.

(2) Pool Appurtenances.

(a) Decks and Walkways – Wooden decks and walkways are prohibited.

1. Pool wet decks shall have a minimum unobstructed width of four feet around the perimeter of the pool, pool curb, ladders, handrails, diving boards, diving towers, and slides, shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish and shall be uniformly sloped at a minimum of two percent to a maximum of four percent away from the pool or to deck drains to prevent standing water. Textured deck finishes that provide pitting and crevices that accumulate soil are prohibited. If settling or weathering occurs that would cause standing water, the original slopes shall be restored. When a curb is provided, the deck shall not be more than 10 inches below the top of the curb. Wet deck area finishes shall be designed for such use and shall be installed in accordance with the manufacturer’ s specifications. Traffic barriers shall be provided as needed so that parked vehicles do not extend over the deck area. Walkways shall be provided between the pool and the sanitary facilities, and shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish for the first 15 feet of the walkway measured from the nearest pool water’ s edge. A hose bibb with a vacuum breaker shall be provided to allow the deck to be washed down with potable water.

2. through 3. No change.

(b) Bridges and overhead obstructions over the pool shall be designed so they will not introduce any contamination to the pool water. The minimum height of the bridge or obstruction shall be at least eight feet from the bottom of the pool and at least four feet above the surface of the pool. Minimum 42 inch high handrails shall be provided along each side of the bridge. The walking surfaces shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish. Pool coping shall not overhang into the pool more than one and a half inches.

(c) No change.

1. Outdoor pool lighting – Overhead Llighting shall provide a minimum of three foot candles of illumination at the pool water surface and the pool wet deck surface. Underwater lighting shall be a minimum of one-half watt per square foot of pool water surface area.

2. Indoor pool lighting – Overhead Llighting shall provide a minimum of 10 foot candles of illumination at the pool water surface and the pool wet deck surface. Underwater lighting shall be a minimum of eight-tenths watt per square foot of pool surface area.

3. Underwater lighting – Underwater lighting shall utilize transformers and low voltage circuits with each underwater light being grounded. The maximum voltage for each light shall be 15 volts and the maximum incandescent lamp size shall be 300 watts. The location of the underwater lights shall be such that the underwater illumination is as uniform as possible and shall not be less than 18 inches below the normal operating water level determined by the centerline of the skimmer or top lip of the gutter. All underwater lights which depend upon submersion for safe operation shall have protection from overheating when not submerged. Underwater lighting requirements can be waived when the overhead lighting provides at least 15 foot candles of illumination at the pool water surface and pool wet deck surface. Alternative lighting systems which use 15 volts or less, or use no do not utilize electricity in the pool or on the pool deck, such as LED, (light emitting diode) or fiber optic systems, may be utilized if the applicant demonstrates to reasonable certainty that the system development has advanced to the point where the department is convinced that the pool illumination is equal to the requirements in subparagraphs 1. and 2. above.

4. Overhead wiring – Overhead service wiring shall not pass within an area extending a distance of 10 feet horizontally away from the inside edge of the pool walls, diving structures, observation stands, towers, or platforms. Allowances in the National Electrical Code or Florida Building Code may used instead.

(d) Electrical Equipment and Wiring – Electrical equipment wiring and installation including the grounding of pool components shall conform with the National Electrical Code (NEC), 2008 1996 Edition, and which is incorporated by reference in these rules and shall comply with applicable local codes. The NEC is incorporated by reference in these rules and is available from the National Fire Protection Association, Quincy Massachusetts. A signature Written evidence shall be provided on form DH916 from the electrical contractor or the electrical inspector certifying of compliance with the National Electrical Code.

(e) Equipment Enclosures, Area or Rooms – Equipment designated by the manufacturer for outdoor use may be located in an equipment area, all other equipment must be located in an equipment room or enclosure. Plastic pipe subject to a period of prolonged sunlight exposure must be coated to protect it from ultraviolet light degradation. An equipment area shall be surrounded with a fence at least four feet high on all sides not confined by a building or equivalent structure. A self-closing and self-latching gate with a locking device shall be provided if necessary for access. An equipment room shall be protected on at least three sides and overhead. The fourth side may be a gate, fence, or open if otherwise protected from unauthorized entrance. An equipment enclosure shall be lockable or otherwise protected from unauthorized access. This access security shall be installed on all pool equipment areas by one year from the effective date of this rule for those that do not presently have a similar level of security. The equipment enclosure, area or room floor shall be of concrete or other nonabsorbent material having a smooth slip resistant finish and shall have positive drainage, including a sump pump if necessary. Ancillary equipment, such as a heater, not contained in an equipment enclosure or room shall necessitate an equipment area as described above, which shall also be installed by one year from the effective date of this rule.

1. Ventilation and Access – Equipment enclosures or rooms shall have either forced draft or cross ventilation. All below grade equipment rooms shall have a stairway access with forced draft ventilation or a fully louvered door and louvered vent on at least one other side. Where stairway access is not necessary to carry heavy items into the below grade room or vault, a “ship’s ladder” may be used if approved by the department engineer. The opening to the equipment room or area shall be a minimum of three feet by six feet and shall provide easy access to the equipment. A hose bibb with vacuum breaker shall be located in the equipment room or area.

2. No change.

(f) Sanitary Facilities – Swimming pools with a bathing load of 20 persons or less may utilize a unisex restroom. Pools with bathing loads of 90 persons or less may utilize two unisex restrooms or meet the requirement on the chart below. Unisex restrooms shall meet all the requirements for materials, drainage and signage as indicated in subparagraphs 64E-9.006(2)(f)2. through 7. below. Each shall include a water closet, a diaper change table, and a lavatory; a urinal is optional. Pools with a bathing load larger than 90 persons shall provide sSeparate sanitary facilities shall be provided and labeled for each sex. The entry doors of all such restrooms must be and must be located within a 200 foot walking distance of the nearest water’ s edge of each pool served by the facilities.

1. Fixtures shall be provided as indicated on the following chart.: The fixture count on this chart is deemed to be adequate for the pool and pool deck area that is up to three times the area of the pool surface provided.

 

Size of Pool Required Fixture Count
(square feet)		Men’s Restroom		Women’ s Restroom
	Urinals	WC	Lavatory	WC	Lavatory
0-2500	1	1	1	1	1
2501-5000	2	1	1	5	1
5001-7500	2	2	2	6	2
7501-10000	3	23	3	89	3

 

An additional set of fixtures shall be provided in the men’ s restroom for every 7,500 5,000 square feet or major fraction thereof for pools greater than 10,000 square feet. Women’ s restrooms must have a ratio of three to two water closets provided for women to the combined total of water closets and urinals provided for men. Lavatory counts shall be equal.

2. Outside access to facilities shall be provided for bathers at outdoor pools. Where the restrooms are located within an adjacent building and the restroom doors do not open to the outside, the restroom doors shall be within 50 feet of the buildings exterior door. If the restrooms and if they are not visible from any portion of the pool deck, signs shall be posted showing directions to the facilities. These directions shall be legible from any portion of the pool deck and the letters shall be a minimum of one inch high.

3. Sanitary facility floors shall be constructed of concrete or other nonabsorbent materials and shall have a smooth slip resistant finish and shall slope to floor drains. Carpets, duckboards and footbaths are prohibited. The intersection between the floor and walls must be covered where either floor or wall is not made of waterproof materials or the intersection is not sealed waterproof.

4. No change.

5. A hose bibb with vacuum breaker shall be provided in or within 25 feet of near each restroom to allow for ease of cleaning.

6. No change.

7. One dDiaper changing tables shall be provided at each restroom. Diaper changing tables are not required at restrooms where all pools served are restricted to adult use only. Swim diapers are recommended for use by children that are not toilet trained. Persons that are ill with diarrhea can not enter the pool facilities that cater to families with small children.

(g) No change.

(h) All public pools shall be surrounded by a minimum 48 inch high fence or other substantial barrier approved by the department. The fence shall be continuous around the perimeter of the pool area that is not otherwise blocked or obstructed by adjacent buildings or structures and shall adjoin with itself or abut to the adjacent members. Access through the barrier or fence from dwelling units such as homes, apartments, motel rooms, and hotel rooms,  other than from doored exits of adjacent building(s) shall be through self-closing self-latching lockable gates of 48 inch minimal height from the floor with the latch located a minimum of 54 inches from the bottom of the gate or at least 3 inches below the top of the gate on the pool side. Doored access points from public rooms such as lobbies or club houses need not be through gates. Gates shall open outward away from the pool area. A latched, lockable gate shall be placed in the fence within ten feet of the closest point between the pool and the equipment area for service access. Instead of a fence, permanent natural or man-made features such as bulkheads, canals, lakes, navigable waterways, etc., adjacent to a pool may be permitted as a barrier when approved by the department. When evaluating such barrier features, the department may perform onsite inspections, and review evidence, such as surveys, aerial photographs, water management agency standards and specifications, and any other similar documentation to verify at minimum, the following: the barrier feature is not subject to natural changes, deviations, or alterations and is capable of providing an equivalent level of protection as that provided by a structure, and the barrier feature clearly impedes, prohibits or restricts access to the pool.

Screened pool enclosures must be hardened on the bottom three feet. Fencing Cconsideration shall be given to the U.S. Consumer Product Safety Commission (CPSC) Publication. No. 362 guidelines available from CPSC.gov, or the Florida Building Code sections R4101.17.1.1 –R4101.17.1.8. Safety Covers that comply with ASTM Standard F1346 do not satisfy this requirement.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.135, Amended 12-27-98, 5-27-04, ________.

 

64E-9.007 Recirculation and Treatment System Requirements.

(1) Recirculation and treatment equipment such as filters, recessed automatic surface skimmers, ionizers, ozone generators, disinfection feeders and chlorine generators must be tested and approved using the NSF/ANSI /NSF International Standard 50-2007 1996, Circulation System Components and Related Materials for Swimming Pool, Spas/Hot Tubs, dated April October 28, 2007 1996, which is incorporated by reference in these rules. The standard and a list of approved devices is available from www.NSF.org. If standards do not exist for a specific product, the manufacturer must work with NSF or other American National Standards Institute (ANSI) approved agency to develop such standards.

(2) through (3) No change.

(3)(a) Perimeter overflow gutters – The lip of the gutter shall be uniformly level with a maximum tolerance of one-fourth inch between the high and low areas. The bottom of the gutter shall be level or slope to the drains. The spacing between drains shall not exceed 10 feet for two inch drains or 15 feet for two and one-half inch drains, unless hydraulically justified by the design engineer. Gutters may be eliminated along pool edges for no more than fifteen feet and this shall not exceed 10% of the perimeter (at least 90% of the perimeter shall be guttered). In areas where gutters are eliminated, handholds shall be provided within nine inches of the water surface. Handhold design shall be approved by the department prior to construction. The gutter lip shall be tiled with a minimum of 2 inch tile on the pool wall, each a minimum size of four square inches, except that stainless steel gutters are exempt from this requirement.

1. Either recessed type or open type gutters shall be used. Special designs can be approved provided they are within limits of sound engineering practice. Recessed type gutters shall be at least four inches deep and four inches wide, and no part of the recessed gutter shall be visible from a position directly above the gutter sighting vertically down the edge of the deck or curb. Open type gutters shall be at least six inches deep and 12 inches wide. The back vertical wall of the gutter shall be tiled with glazed tile, each a minimum size of four square inches. This tile shall be smooth and easily cleanable. The gutter shall slope downward 2 inches, plus or minus 1/4 inch, from the lip to the drains. When open type gutters are located at pool steps and the gutter is used as a step tread, the gutter slope may be reduced to 1 inch in the area of the steps, and this tread shall be tiled with slip resistant tile. The back of the gutter drains shall be located within 3/4 inch of the back vertical wall of the gutter, where the gutter is deepest at the deepest part of the gutter and shall be flush with the surrounding area or be recessed no more than 3/8 inch.

2. No change.

3. The department shall waive the requirements of tile on stainless steel gutter systems when it can be shown that the surfaces at the waterline and back of the gutter are smooth and easily cleanable.

(b) No change.

1. No change.

2. Prevailing wind direction and the pool outline shall be considered by the designer in the selection of skimmer locations and the location of skimmers shall be such that the interference of adjacent inlets and skimmers is minimized. Recessed automatic surface skimmers shall be installed so that there is no protrusion into the pool water area. The deck or curb shall provide for a handhold around the entire pool perimeter and shall not be located more than nine inches above the mid point of the opening of the skimmer.

3. through 4. No change.

5. A minimum 6-inch water line tile shall be provided on all pools with automatic skimmer systems, each a minimum size of four square inches. Glazed tile that is smooth and easily cleanable shall be utilized.

(4) No change.

(5) No change.

(5)(a) Filter capacities – The maximum filtration rate in gallons per minute per square foot of filter area shall be: fifteen (twenty if so approved utilizing the procedure stated in subsection 64E-9.007(1), F.A.C.) for high rate sand filters, three for rapid sand filters, three-hundred-seventy-five thousandths for pleated cartridge filters and two for Diatomaceous Earth (D.E.) type filters.

(b)1. through 2. No change.

3. Precoat – A precoat pot or collector tank shall be provided for D.E. type systems.

(c) Filter tanks and elements – The filter area shall be determined on the basis of effective filtering surfaces with no allowance given for areas of impaired filtration, such as broad supports, folds, or portions which may bridge. D.E. fFilter elements shall have a minimum one inch clear spacing between elements up to a four square foot effective area. The spacing between filter elements shall increase one-eighth inch for each additional square foot of filter area or fraction thereof above an effective filter area of four square feet. All cartridges used in public pool filters shall be permanently marked with the manufacturer’ s name, pore size and area in square feet of filter material. All cartridges with end caps shall have the permanent markings on one end cap. Vacuum filter tanks shall have covered intersections between the wall and the floor and the tank floor shall slope to the filter tank drain. The D.E. filter tank and elements shall be installed such that the recirculation

flow draw down does not expose the elements to the atmosphere whenever only the main drain valve is open or only the surface overflow gutter system valve is open.

(6) through (7) No change.

(8) Flow Velocity – Pressure piping shall not exceed 10 feet per second, except that precoat lines with higher velocities may be used when necessary for agitation purposes. The flow velocity in suction piping shall not exceed six feet per second except that flow velocities up to 10 feet per second in filter assembly headers will be acceptable. Main drain systems and surface overflow systems which discharge to collector tanks shall be sized with a maximum flow velocity of three feet per second. The filter and vacuuming system shall have the necessary valves and piping to allow filtering to pool, vacuuming to waste, vacuuming to filter, complete drainage of the filter tank, backwashing for sand and pressure D.E. type filters and precoat recirculation for D.E. type filters.

(9) Inlets – All inlets shall be adjustable with wall type inlets being directionally adjustable and floor type inlets having a means of flow adjustment. Floor inlets shall be designed and installed such that they do not protrude above the pool floor and all inlets shall be designed and installed so as not to constitute sharp edges or protrusions hazardous to pool bathers. Floor inlets for vinyl liner and fiberglass pools, shall be smooth with no sharp edges, and shall not extend more than 3/8 inches above the pool floor. Wall inlets shall be installed a minimum of 12 inches below the normal operating water level unless precluded by the pool depth or intended for a specific acceptable purpose.

(a) through (c) No change.

(d) Pools greater than 30 feet in width shall have either floor inlets only, or a combination of floor inlets and wall inlets. Pools with floor inlets only shall have a number of floor inlets provided such that the spacing between adjacent inlets does not exceed 20 feet and the spacing between inlets and an adjacent wall does not exceed 10 feet.

(e) Pools greater than 30 feet in width with may have a combination of wall and floor inlets shall have provided the number of wall inlets is such that the maximum spacing between the wall inlets is 20 feet and floor inlets are provided for the pool water area beyond a 15 feet perpendicular distance from all walls. The number of floor inlets shall be such that the spacing between adjacent inlets does not exceed 20 feet and the distance from a floor inlet and an adjacent wall does not exceed 25 feet.

(f) No change.

(10) No change.

(a) through (e) No change.

(f) All pools built without a main drain collector tank must be retrofitted with a properly sized and piped collector tank on or before the following dates to eliminate direct suction through the main drain.

1. For all pools, including wading pools, except spa type pools, with a main drain grate water depth of 4 feet or less, construction shall be completed on or before one year from the effective date of this rule; for all spa type pools built before 1977, retrofit by July 1, 2010, for all spa type pools built between 1977 and 1986, retrofit by July 1, 2011, for all spa type pools built between 1986 and 1995, retrofit by July 1, 2012 and for all other pools, retrofit by July 1, 2013.

2. All existing public pools with direct suction main drains shall install as soon as possible, but in no case later than 120 days after the effective date of this rule, a main drain cover/grate that meets both the ASME/ANSI A112.19.8-2007 standard for drain covers and the water velocity requirement of this rule.

3. A modification permit shall be obtained prior to installation of the collector tank.

4. Pools that cannot be retrofitted by these dates shall be closed on or before these dates.

(g)(f) Main drain covers/grates installed after the effective date of this rule shall comply with the requirements of ASME/ANSI A112.19.8-2007 and the water velocity requirement of this rule. Main drain outlet grates shall be flat and flush with the surrounding area.

(11) through (15) No change.

(16) Disinfection and pH adjustment shall be added to the pool recirculation flow using automatic feeders meeting the requirement of NSF/ANSI Standard 50-20071996. All chemicals shall be fed into the return line after the pump, heater and filters, unless the feeder was designed by the manufacturer and approved by the NSF to feed to the collector tank or to the suction side of the pump. Feeding chlorinated isocyanurates disinfectant is prohibited oin spas, wading pools and interactive water features, and these existing feeders shall be replaced with non-isocyanurate chlorinators, or equivalent, with a pH adjustment feeder on or before June 1, 2011. Dual or multiuse feeders can be used if approved for and feeding an acceptable rate of alternate disinfectant.

(a) Gas chlorination – When gas chlorination is utilized, the chlorinator shall be capable of continuously feeding a chlorine dosage of six four mg/L to the recirculated flow of the filtration system. The application point for chlorine shall be located in the return line downstream of the filter, recirculation pump, heater, and flow meter, and as far as possible from the pool.

1. through 5. No change.

(b) through (c) No change.

(d) No change.

1. No change.

2. Ozone generating equipment shall meet the NSF/ANSI’ s Standard Number 50-20071996.

3. through 7. No change.

(e) No change.

1. No change.

2. Ionization equipment shall meet the NSF/ANSI’ s Standard 50-20071992, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs, or equivalent, shall meet UL standards and shall be electrically interlocked with recirculation pump.

(f) Ultraviolet (UV) light disinfectant equipment may be used as supplemental water treatment on public pools (and alternative treatment on IWFs) subject to the conditions of this paragraph and manufacturer’s specifications. UV is encouraged to be used to eliminate chlorine resistant pathogens, especially the protozoan Cryptosporidium.

1. UV equipment and electrical components and wiring shall comply with the requirements of the National Electrical Code and the manufacturer shall provide a certification of conformance to the department.

2. UV equipment shall meet UL standards and shall be electrically interlocked with recirculation pump(s) on all pools and with feature pump(s) on an IWF.

3. UV equipment shall be validated by a capable party that it delivers the required and predicted UV dose at the validated flow, lamp power and water UV transmittance conditions, and has complied with all professional practices summarized in the USEPA Ultraviolet Disinfectant Guidance Manual dated November, 2006, EPA 815-R-06-007.

4. UV equipment shall constantly produce a validated dosage of at least 40 mJ/cm2 (milliJoules per square centimeter) at the end of lamp life.

(17) Water features such as waterfalls or fountains in pools may use up to 20% of the return water from the filter system, however all waters used in the feature shall not be counted toward attaining the designed turnover rate. Return piping system shall be designed and capable of handling the additional feature flow when the feature is turned off. Features that require more than 20% of the flow rate shall be supplied by an additional pump that drafts from a suitable collector tank. All water features that utilize water from the pool shall be designed to return the water to the pool. Spray features mounted in the pool deck shall be flush with the pool deck and shall be designed with the safety of the pool patron in mind.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History– New 10-5-93, Formerly 10D-5.136, Amended 12-27-98, 5-27-04, ________.

 

64E-9.008 Supervision and Safety.

(1) No change.

(a) Lifeguards or swimming instructors, if provided, shall be in full charge of persons using the pool and shall have authority to enforce all rules. Lifeguards and swimming instructors shall be certified in lifeguarding or swimming instruction, respectively, by the American Red Cross, the YMCA or other equivalent national aquatic training agencies which meet the established standards, objectives and standards of care provided in the American Red Cross or YMCA programs. For the purpose of this rule, the standards found in the 20070 edition of the American Red Cross Lifeguarding Instructors Manual, the 2004 1995 edition of the American Red Cross Water Safety Guide for Training Instructors Manual, the On the Guard II, The YMCA Lifeguard Manual, (2001) Fourth Edition, (YMCA), The Youth and Adult Aquatic Program Manual (1999), and (YMCA) The Parent/Child and Preschool Aquatic Program Manual (1999), are hereby adopted by reference. Swimming instructors of developmentally disabled students shall also be certified in accordance with Section 514.072, F.S.

(b) Lifeguards and swimming instructors shall also be currently certified in first aid and in adult, child and infant cardiopulmonary resuscitation through the American Red Cross, or the American Heart Association or the National Safety Council or the American Academy of Orthopaedic Surgeons.

(c) Swim coaches are exempted from the swimming instructor certification requirement when training advanced level swimmers for competition.

(d) Verification of equivalence, as required above, shall be the responsibility of the Division Director Assistant Health Officer for Environmental Health or his designee. The department shall form an ad hoc advisory group composed of professionals in the field of aquatics. This group shall consist of five members and shall make recommendations to the department State Health Officer or his designee regarding the equivalence of lifeguard or swimming instructor certification programs submitted to the department under paragraph 64E-9.008(1)(a), F.A.C. Members shall be appointed for a period of 3 years with such appointments being staggered so that the terms of no more than two members expire in any one year.

(e) No change.

(2) Safety Equipment – All swimming pools shall be provided with a shepherd’ s hook securely attached to a one piece pole not less than 16 feet in length, and at least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the pool from the pool deck. Safety equipment shall be mounted in a conspicuous place and be readily available for use. Pools greater than 50 feet in length shall have multiple units with at least one shepherd’ s hook and one lifesaving ring located along each of the longer sides of the pools. Spa pools and wading pools under 200 square feet of surface area, and interactive water features or wading pools with two feet or less of water depth are exempt from this requirement.

(3) through (6) No change.

(7) No change.

1. through 4. No change.

5. For new or modified pools submitted for plan approval application on or after the effective date of this rule, their posted sign shall add: Do not swallow the pool water.

(8) through (9) No change.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0015, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.03, 514.031, 514.05, 514.06, 514.071 FS. History–New 10-5-93, Formerly 10D-5.137, Amended 12-27-98, 5-27-04,________.

 

64E-9.009 Wading Pools.

(1) No change.

(2) Depths – Wading pools shall have a maximum depth of 2 feet. The depth at the perimeter of the pool shall be uniform and shall not exceed 12 inches. However, where department-approved zero depth entry designs are used, this uniform depth requirement must be met only on the remainder of the pool outside the zero depth entry portion. Where recessed automatic surface skimmers are used, Tthe pool floor shall not be more than 12 inches below the deck unless steps and handrails are provided. Depth and NO DIVING markers are not required on wading pools

(3) Recirculation – Wading pools shall have a minimum of one turnover every one hour. Lines from main drains shall discharge into a collector tank.

(a) Skimmer equalizer lines when required shall be plumbed into the main drain installed in the pool floor with a grate covering.

(b) No change.

(4) through (5) No change.

(6) Vacuuming – Wading pools shall have no provisions for direct suction vacuuming where the vacuum port is in the pool floor or pool wall or accessible to patrons. Wading pools of less than 200 square feet are not required to have a vacuuming method provided. Wading pools 200 square feet or larger shall provide for vacuuming through the skimmer, a portable vacuum system or an alternative approved method that does not involve a direct suction port in the pool. The dDepartment recommends that all existing direct suction vacuum apparatus be removed for bather safety.

(7) Wading pool decks – When adjacent to swimming pools within 50 feet, wading pools shall be enclosed and separated from the swimming pool by a barrier or fence of a minimum of 48 inches in height with self-latching and self-closing gates. When adjacent to areas less than one foot deep of zero depth entry pools, the fence or effective barrier is required if the water edges are less than 40 feet apart. Wading pools shall have a minimum 10 foot wide deck around at least 50 percent of their perimeter with the remainder of the perimeter deck being at least four feet wide. There shall be at least 10 feet between adjacent swimming pools and wading pools.

(8) Wading pools are exempt from underwater lighting requirements but do require deck and surface overhead lighting of 10 foot-candles if indoors or 6 foot-candles for outdoor night use. Such illumination shall be provided over the pool water surface and the pool deck surface.

(9) No change.

(10) Should a fecal accident occur, the requirements of subsection 64E-9.004(14), F.A.C., shall be met or the pool may be drained and both the pool and the filter system and all plumbing shall be properly disinfected.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021 FS. History–New 10-5-93, Formerly 10D-5.138, Amended 12-27-98, 5-27-04,________.

 

64E-9.010 Spa Pools.

(1) through (3) No change.

(4) Steps and handrails – Steps or ladders shall be provided and shall be located to provide adequate entrance to and exit from the pool. The number of sets of steps or ladders required shall be on the basis of one for each 75 feet, or major fraction thereof, of pool perimeter. Step sets for spa type pools with more than 200 square feet of pool water surface area shall comply with subparagraph 64E-9.006(1)(d)3., F.A.C. Step sets for spa type pools with 200 square feet or less of pool water surface area shall comply with the following: Step treads shall have a minimum width of 10 inches for a minimum continuous tread length of 12 inches. Step riser heights shall not exceed 12 inches except when the bottom step is used for a bench or seat, the bottom riser may be a maximum of 14 inches. Intermediate treads and risers between the top and bottom treads and risers shall be uniform in width and height, respectively. Contrasting markings on the leading edges of the submerged benches and the intersections of the treads and risers are required to be installed in accordance with subparagraph 64E-9.006(1)(d)3., F.A.C.

(a) through (b) No change.

(5) Decks – Decks shall have a minimum four foot wide unobstructed width around the entire pool perimeter except that pools of less than 120 square feet of pool water surface area shall have a minimum four foot wide unobstructed continuous deck around a minimum of 50 percent of the pool perimeter. Decks less than four feet wide shall have barriers to prevent their use. Decks shall not be more than 10 inches below the top of the pool. For pools of 120 square feet or greater, ten percent of the deck along the pool perimeter may be obstructed.

(6) No change.

(a) through (b) No change.

(c) Cold plunge spas do not require a therapy or jet system, but do require the installation of a chiller.

(d) No change.

(7) through (10) No change.

(11) Bench seat edges shall be marked in accordance with subparagraph 64E-9.006(1)(e)2., F.A.C. When spa pools are part of a conventional swimming pool, the spa pool area shall be offset from the main pool area with the same water depth as the main pool area. The spa pool shall meet all the spa pool requirements of this chapter, and the deck area at the spa shall be protected by connected 30 inch high stanchions or other impediment acceptable to the department. The deck perimeter at the offset spa area shall not exceed 15 percent of the entire swimming pool perimeter.

(12) through (15) No change.

(16) If When a spa is equipped with an emergency cut-off or kill switch, provisions for a minimum 80 decibel audible alarm near the spa to sound continuously until deactivated when such device is triggered shall be incorporated. This is to alert pool patrons and operators of a potential public health situation or to indicate that the spa filtration and treatment system may be off. The following additional rule sign shall be visible by the spa which reads “ALARM INDICATES SPA PUMPS OFF. DO NOT USE SPA WHEN ALARM SOUNDS UNTIL ADVISED OTHERWISE.”

(17) Should a fecal accident occur, the requirements of subsection 64E-9.004(14), F.A.C., shall be met or the pool may be drained and both the pool and the filter system and all plumbing shall be properly disinfected.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0015, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.011, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.139, Amended 12-27-98, 5-27-04,________.

 

64E-9.011 Water Recreation Attractions and Specialized Pools.

(1) General – Water recreation attraction projects shall be designed and constructed within the limits of sound engineering practice. Design engineers may consult with the department in reference to concepts of design variations and to areas where potential problems may exist. In addition to the requirements of this section, compliance is required with Rules 64E-9.001 through 64E-9.008 and 64E-9.017, F.A.C., of this chapter depending upon the pool design and function. Additionally, all pools listed in this section shall have a two three hour turnover rate unless otherwise noted. A lifeguard and/or safety plan shall be submitted with the application for construction of the pools listed below in subsections 64E-9.011(2), (3), F.A.C., when climbable structures are planned.

(2) Water slide plunge pools.

(a) No change.

1. through 2. No change.

3. Slide flume terminus.

a. The slide flume terminus shall be designed by the design engineer who can demonstrate to the department’ s satisfaction that riders will be adequately slowed prior to discharge so as to prevent injury or harm to the rider upon impact with the plunge pool water. The slide terminus shall be flush with the pool wall and located at or below the pool water level.

b. through c. No change.

4. through 5. No change.

6. Plunge pool decks.

a. Width – The minimum width of plunge pool decks along the exit side shall be 10 feet there shall be a pool deck along the side opposite the plunge pool weir, and this deck shall have a minimum width of four feet.

b. Curbs – All plunge pool decks shall have a minimum six inch high curb or adequate free board to contain the water surge generated by the person entering the water via the slide.

b.c. Slopes – All plunge pool decks shall slope away from the plunge pool unless the curb is located at the outside perimeter of the deck. If the curb is located at the outside perimeter of the deck, the plunge pool deck shall slope to the plunge pool or pump reservoir or to deck drains which discharge to waste, or other acceptable means. All slopes shall be between two and four percent grade.

7. Hand holds shall be provided along the sides of the plunge pool in areas where the water depth exceeds three feet, except that no hand holds shall be required along the wall where the slide enters the pool nor shall they be required at the pool exit.

(b) Run out lanes –

1. No change.

2. Five Eight foot wide walkways shall be provided adjacent to run out lanes.

3. through 4. No change.

(c) Pump reservoirs – Pump reservoirs shall be made of concrete or other impervious material with a smooth slip resistant finish and shall be connected to the plunge pool by a weir. Pump reservoirs shall be for the slide pump intakes, but where properly sized may also be used as a collector tank for the filter system. Pump reservoir designs shall be as follows:

1. Pump reservoir volume – The minimum reservoir volume shall be equal to three two minutes of the combined flow rate in gpm of all filter and slide pumps.

2. through 5. No change.

6. The pump reservoir shall be fed by main drains within the plunge pool itself (either in the floor or side wall). They shall have the maximum flow velocity of 1.5 feet per second through the main drain grating and 3 feet per second through piping to the reservoir.

(d) through (e) No change.

1. No change.

2. Surface skimmers – Surface skimmers may be used in lieu of perimeter overflow gutters and shall be appropriately spaced and located according to the structural design. Unless an overflow gutter system is used, surface skimmers shall be provided in the plunge pool and in the pump reservoir and the skimmer system shall be designed to carry 60 percent of the filtration system design flow rate with each skimmer carrying a minimum 30 gallons per minute. All surface skimmers shall meet the requirements for NSF commercial approval as set forth in NSF/ANSI NSF Standard 50-20071996, Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs, which is incorporated by reference in these rules, including an equalizer valve in the skimmer and an equalizer line to the pool wall on systems with direct connection to pump suction.

(f) Water slide recirculation – filtration equipment.

1. Recirculation rate – The recirculation-filtration system of water slides shall recirculate and filter a water volume equal to the total water volume of the facility in a period of two three hours or less.

2. through 3. No change.

(g) No change.

(h) Slide design and construction is the responsibility of a professional engineer licensed in Florida and the applicant.

(j) A lockable gate shall be provided at the stair or ladder entrance to the slide.

(j) Upon construction completion, a professional engineer licensed in Florida shall certify that the slide was constructed in accordance with the manufacturer’s specifications and is structurally sound.

(3) Water activity pools.

(a) No change.

(b) Water activity pools shall be constructed of concrete or other structurally rigid impervious materials with a non-toxic, smooth and slip resistant finish. These pools shall be of such shape, length, width, and design as to be operated and maintained in a safe and sanitary manner.

(c) The recirculation-filtration system of water activity pools shall achieve be capable of a minimum of one turnover every two three hours for water activity pools over two feet deep, and in one hour for these pools that are two feet deep or less.

(d) Those portions of the activity pool where the water depth will not allow for the proper installation of underwater lighting, shall be provided with six foot candles of lighting on the deck and the water surface.

(e) Fence requirements shall be in accordance with subsection 64E-9.009(7), F.A.C., below.

(f) Play features with an overhead clearance of less than four feet shall be blocked or barricaded to preclude children becoming entrapped.

(g) In addition to the requirements of subsection 64E-9.008(7), F.A.C., all water activity pool signs shall have the following added in one inch letters within one year of the effective date of this rule.

Do not swallow the pool water, it is recirculated.

Do not use pool if you are ill with diarrhea.

(4) Wave pools.

(a) through (c) No change.

(d) Floors shall be sloped in accordance with the manufacturer’s or design engineer’s specifications, however, they shall not exceed the slope limits of sub-subparagraph 64E-9.006(1)(c)2.a., F.A.C.

(5) River Rides.

(a) through (e) No change.

(f) Access and exit shall be provided at the start and end of the ride, and additional only, except that emergency exit locations shall be located along the ride course as necessary to provide for the safety of the patrons.

(g) Propulsion jets shall be installed in the walls of the river ride. In the alternative, propulsion jets may be installed in the floor if they are covered by a grate that will inhibit entrapment or injury of the pool patrons’ feet or limbs.

(6) Zero Depth Entry Pools.

(a) through (b) No change.

(c) The pool deck may slope a maximum of 1 in 12 toward the pool for no more than seven 5 feet, as measured from the overflow system grate outward. Beyond this area the deck shall slope away from the pool in accordance with subparagraph 64E-9.006(2)(a)1., F.A.C.

(d) Barriers and No-Eentry, Shallow Water signs shall be provided along the pool wall edge where the water depth is less than 3 feet deep. No-entry signs shall be slip-resistant tile, shall have 4 inch high letters, shall be located within 2 feet of the pool edge, shall be spaced no more than 15 feet apart and shall be recessed flush with the surrounding area.

(e) Additional inlets shall be provided in areas of less than 18 inches deep. The numbers and location shall be such as to double the flow rate into this area.

(f) The recirculation-filtration system shall be of a minimum of one turnover every two hours in the area of the pool that is three feet deep or less. In the remainder of the pool where the depth is greater than three feet, the system shall have a maximum six hour turnover rate.

(g) Those portions of the zero depth entry pool, where the water depth will not allow for the proper installation of underwater lighting, shall be provided with 6 foot candles of lighting on the deck and the water.

(h) Play structures in a zero depth entry area (in depth 0-3 feet) may be within 15 feet of the pool walls, but shall comply with sound engineering requirements for the safety of pool patrons.

(7) No change.

(8) Interactive Water Features. (IWFs)

(a) Waters discharged from all fountain or spray features shall not pond on the feature floor but shall flow by gravity through a main drain fitting to a below grade sump or collection system which discharges to a collector tank. The minimum size of the sump or collector tank shall be equal to the volume of 3 minutes of the combined flow of all feature pumps and the filter pump. Adequate access shall be provided to the sump or collector tank. Stairs or a ladder shall be provided as needed to ensure safe entry into the tank.

(b) When an underground sump is utilized, aAn automatic skimmer system shall be provided in the collector tank. A variable height skimmer may be used or a custom surface skimmer device may be substituted if deemed appropriate by both the design engineer and the department.

(c) Chemical feeders shall be provided in accordance with Rule 64E-9.007, F.A.C., except that the disinfection feeder shall be capable of feeding 12 mg/L of free chlorine to the filter return piping (based upon a hypothetical 30 minute turnover of the contained volume within the system). Automated Oxidation Reduction Potential (ORP) and pH controllers with sensing probes shall be provided to assist in maintaining proper disinfection and pH levels.

(d) No change.

(e) All electrical work shall comply with the NFPA 70, National Electrical Code 2005 1996 Edition that is incorporated by reference.

(f) Hydraulics.

1. The filter system shall be capable of filtering and chemically treating all the entire water that is returned to the spray features volume of the water feature within 30-minutes. The filter system shall draft from the collector tank and return filtered and treated water directly to the spray features. Excess water not required by the spray features shall be returned to the collector tank tank via equally spaced inlet fittings. The flow rate through these fittings shall not exceed 20 gpm.

2. Alternatively, the contained volume of the system may be filtered and chemically treated based upon a 30 minute turnover of the contained volume with 100% returned to the collector tank by manifold piping. If this alternative is chosen, all water returned to the spray feature(s) must also be treated with an Ultraviolet (UV) light disinfection equipment to accomplish protozoan destruction in accordance with sound engineering. The water feature pump shall draft from the collector tank.

3. through 5. No change.

6. A means of vacuuming and completely draining the tank(s) shall be provided.

7. Where the filter system described in subparagraph 64E-9.011(8)(f)1., F.A.C., is utilized, a second filter system and disinfection system shall be provided to treat the water in the collector tank when the feature/filter pump is not in operation. Said system shall be capable of filtering the total volume of water in the collector tank in 30 minutes and the disinfection system shall be capable of providing 12 mg/L of disinfectant to this flow rate.

(g) IWFs shall be fenced in the same fashion as wading pools as noted in subsection 64E-9.009(7), F.A.C. Where the IWF is at least 50 feet from all other pools and is not designed to have any standing water, fencing requirements should be carefully considered by the applicant to control usage, but are not required by rule.

(h) A minimum four foot wide wet deck area shall be provided around all IWFs. The wet deck shall meet the requirements of subparagraph 64E-9.006(2)(a)1., however, up to 50% of the perimeter may be obstructed.

(i) Play features with an overhead clearance of less than two feet shall be blocked or barricaded to preclude children becoming entrapped.

(j) IWFs shall be constructed of concrete or other impervious and structurally rigid material.

(k) In addition to the requirements of subsection 64E-9.008(7), F.A.C., all IWF pool signs shall have the following added in one inch letters within one year of the effective date of this rule.

Do not swallow the fountain water, it is recirculated.

Do not use fountain if you are ill with diarrhea.

(l) Floor slopes of an IWF shall be a maximum one foot vertical in ten feet horizontal and a minimum of one foot vertical in fifty feet horizontal.

(9) Water Theme Parks: Shall meet all other aspects of these rules for the features provided.

(a) Rules and regulations for water theme parks shall be posted in minimum 1-inch letters at each entrance to the park and shall contain the following:

1. No food, drink, glass, or animals in the pool or on the pool decks.

2. Park operating hours ___A.M. to ___P.M.

3. Shower before entering.

4. Do not swallow the pool water.

(b) Showers shall be provided at or near the entrance (queue line) to a water recreation attraction.

(c) Water theme parks are exempt from the fencing requirements of subsection 64E-9.006(2)(h), F.A.C., except that pools designed for small children shall be fenced when located within 50 feet of a pool with water depths of 3 feet or more.

(d) Sanitary Facilities within a water theme park shall be as near to the water recreation attractions as prudent to ensure patron use, but not over 200 feet walking distance from any exit of a water attraction.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.03, 514.031, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.140, Amended 12-27-98, 5-27-04,_________.

 

64E-9.013 Bathing Places.

(1) through (2) No change.

(a) through (b) No change.

(c) A bacteriological survey shall be submitted to the department and the fecal coliform, E. coli, or enterococci densities indicated by this survey shall not exceed the standards of subsection 64E-9.013(4), F.A.C. The survey shall consist of a minimum of three bacteriological samples collected from the proposed bathing area daily for the first three days of each week for three consecutive weeks. Either MPN or MF counts may be utilized. Should the MF method results differ significantly from the MPN method results, the MPN results shall prevail. The bacteriological survey results shall be reviewed in light of the sanitary survey.

(d) through (e) No change.

(f) A water clarity measurement by Secchi disk reading in feet using an 8 inch diameter black and white Secchi disk. Where water clarity does not achieve four feet depth for a period of at least 5 days during the period of operation due to natural water color, the department will consider approval of the bathing area with submittal of a satisfactory lifeguard plan, patron notification plan and materials, swim zone depth demarcation for children and beginners, and other special conditions that would apply to the individual site.

(g) A lifeguard and/or safety plan shall be submitted with the application for development of all new bathing areas.

(3) Operation.

(a) through (b) No change.

(c) Bacteriological samples shall be collected monthly. A set of two samples shall be collected for every 200 feet of shoreline, the samples shall be taken a foot below the surface in three two feet of water and at least 25 feet apart. The samples shall be analyzed by a DOH certified laboratory using EPA approved methods for ambient water and the results submitted to the department within 10 days after the end of the month. Should the test results average of these samples exceed the standards in subsection 64E-9.013(4), F.A.C., below 175 fecal coliform per 100 ml, or exceed 28 enterococci per 100 ml, the county health department shall be notified within 24 hours of receipt from the lab, and additional re-sampling by the permit holder shall be required within 24 hours. All sampling and the results shall be submitted to the county health department. If 24 hour resampling is not possible for any reason, then the bathing place shall be closed immediately to swimming based upon these initial results during the time period waiting for re-sampling results. If the 24 hour confirmation samples reveal an exceedance of the standards, the bathing place shall be closed immediately to swimming until additional testing reveals the water meets single sample standards again. If a pollution source is identified, that source shall be eliminated before reopening the bathing area.

(d) Inspections – county health departments shall perform two inspections per year which shall include:

1. A site inspection in light of the original sanitary survey, changed natural conditions, changed use conditions, and originally permitted facilities.

2. A bacteriological test consisting of the normal monthly sampling requirement. The fecal coliform, E. coli or enterococci density must not exceed the single sample standards of subsection 64E-9.013(4), F.A.C.

3. No change.

4. The bathing place shall be temporarily closed or swimming prohibited, as appropriate, by the owner or the department if inspection reveals water clarity violations, unsafe bacterial test results, or immediate hazards to health or safety such as, but not limited to sewage in water, broken glass, dangerous wildlife, hazardous structural or electrical conditions, toxic algal blooms, or other serious disease agents present.

5. The bathing load shall be calculated on one bather per 25 square feet of surface area in areas of less than four feet of depth and one bather per 75 square feet of surface area where the water depth exceeds four feet,

(e) through (f) No change.

(g) Site specific signage shall be provided. The bathing load shall be posted and due consideration shall be given to safety guidelines such as steep slope, diving areas, deep water, underwater obstruction, dangerous wildlife, or lifeguard not on duty. Additional signage shall be provided if the bathing area is longer than 300 feet.

(h) Restrooms, platforms, diving boards, docks, beaches and walkways shall be kept clean and in good repair. Diving areas shall be readily identified, and shall have adequate water depth for safe diving based on the depth requirements of the FINA standards previously adopted herein. Shallow areas shall not be utilized for diving and shall be so marked.

(i) through (j) No change.

(4) Bacteriological Standards – Either fecal coliform, E. coli, or enterococci bacteria shall be tested for, at the option of the permit holder. All samples tested will be considered to determine compliance, unless found to be invalid by the certified lab or county health department. The enterococci density shall not exceed an average of 33 colony forming units (CFU) per 100 mL of water, nor exceed 61 per 100 mL of water in any single sample; or the E. fecal coliform density shall not exceed an average of 126 CFU 200 per 100 mLl of water sample, nor exceed 235 400 per 100 ml of sample in 10 percent of the samples, nor exceed 800 per 100 mLl of water sample in any single sample; or the fecal coliform shall not exceed an average of 200 CFU per 100 mL of water, or 400 per 100 mL of water in 10 percent of the samples, or 800 CFU per 100 mL of water in a single sample one day. This average shall be expressed as geometric means using at least 5 samples per 30 day period.

Specific Authority 381.0011, 381.006, 514.021 FS. Law Implemented 381.0011, 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.03, 514.031, 514.04, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.142, Amended 12-27-98, 5-27-04,_________.

 

64E-9.015 Fee Schedule.

(1) Plan review:

(a) Original construction – $350.00

1. Pools of 25,000 gallons or less – $350.00

2. Pools greater than 25,000 gallons – $500.00

(b) Modifications of Approved Construction Plans – $150.00 100.00.

(c) through (e) No change.

(2)(a) through (c) No change.

(d) Annual renewal of operating permits:

1. Pools greater than 25,000 gallons and bathing places – $250.00 200.00.

2. Pools of 25,000 gallons or less – $125.00 100.00.

3. Exempted condominiums/cooperatives with over 32 units – $50.00

4. Non-routine inspection (no charge for first reinspection) – $40.00

(3) through (4) No change.

(5) Variances – Review of application for variance – $300.00

Specific Authority 381.0011, 381.006, 514.021, 514.033 FS. Law Implemented 514.021, 514.03, 514.031, 514.033 FS. History–New 10-5-93, Formerly 10D-5.144, Amended 12-27-98, 5-27-04,_________.

 

64E-9.016 Exemptions and Variances.

(1) Pools that meet the following criteria of Section 514.0115, F.S., shall be exempt from regulation under these rules. If at any time the criteria for exemption ceases to exist, the swimming pool shall be brought into full compliance with the current requirements for public swimming pools. It shall be the responsibility of the swimming pool owner to inform future owners of the conditions for exempt status.

(2) Variances – A variance from requirements of these rules may be requested by the pool owner or their representative to relieve or prevent hardship only in cases involving deviations from the rule, when it is shown that the hardship was not caused intentionally by the action of the applicant, where no reasonable alternative exists and the health and safety of the pool patrons is not at risk. Application for variance shall be submitted through the county health department utilizing DOH Form 4080. Each application can be accompanied by supportive materials such as drawings, pictures or manufacturers specifications. Applications must be received at least 30 days prior to the scheduled meeting of the Governor’s Swimming Pool Advisory Bboard, which normally meets on the second Wednesday of each odd-numbered month.

Specific Authority 381.0011, 381.006, 514.0115, 514.021 FS. Law Implemented 514.0115, 514.021, 514.028, 514.051, 514.06 FS. History–New 10-5-93, Formerly 10D-5.145, Amended 12-27-98,_________.

 

64E-9.017 Enforcement.

No change.

(1)(a) – (d) No change.

(e) A main drain grate is missing, unsecured, improperly secured or damaged.

(f) Operation without a valid permit.

(g) Direct suction exists on the main drain or other outlets, except vacuum fittings, automatic surface skimmer(s), and their equalizer grates provided the flow velocity through the grate does not exceed 1.5 feet per second, or the corrective actions specified in paragraph 64E-9.007(10)(f), F.A.C., are not completed by dates specified.

(h)(e) Any other conditions which endangers the health, safety, or welfare of persons using the pool, which may include for example: a drowning hazard, broken glass, sharp edged or broken tile or metal, fecal accident(s), electrical code violation, or severe biological growth a missing, unsecured or damaged main drain grate. The division or department may attach a sign that states “Pool Closed. This pool is not in compliance with Chapter 64E-9, F.A.C., and may endanger the health, safety or welfare of persons using this facility”. With the department’s permission, the pool operator may remove signs from the pool area immediately following correction of the cited deficiencies provided the county health department is notified of this action at the earliest possible time.

Specific Authority 381.0011, 381.006, 514.021, 514.05 FS. Law Implemented 381.0025, 381.006, 386.01, 386.02, 386.03, 386.041, 386.051, 514.021, 514.04, 514.05, 514.06 FS. History–New 10-5-93, Formerly 10D-5.146, Amended 12-27-98, 5-27-04,________.

 

64E-9.018 Public Pool Service Technician Certification.

No change.

(1) through (2) No change.

(3) Any individual or organization requesting the department to review their courses for compliance with the requirements of this rule, must submit copies of their training materials to the department prior to providing that training within the state. A copy of the test to be given, answers to the test questions, and a statement indicating the length of time a classroom topic will be conducted shall be included. The department shall review the materials and inform the applicant of its findings within 90 60 days from receipt of all training materials.

(4) through (6) No change.

(7) Internet based classes – Where courses have been approved above, they may be approved to be delivered in an electronic means as follows:

(a) Provider shall provide documentation establishing that their proposed online course is identical or better in content to the existing classroom course.

(b) Provider course will provide training and materials that have already been approved by the department.

(c) Provider will provide at least sixteen (16) hours of class online, or a mixture of on-line and traditional face-to-face classroom instructional setting for a total of sixteen (16) hours of training may be offered.

(d) The course and any changes to the course as approved, delivery method, or identification verification and validation procedure must be approved by the department prior to the change, except for changes to course content in accordance with the next section, below.

(e) The course training materials shall be kept current with the science and the technology of the public pool industry, and the State of Florida rules related to public swimming pools.

(f) Each online course section must have a minimum time to finish that section before it is possible to move on to the next section. The minimum time is 120 minutes for each one eighth (1/8th) of the online course.

(g) Identification verification and validation is required for each student taking the course and test. This shall occur prior to the initiation of the online course, using an identity verifying technology that seeks verification using credit bureau contacts. Following initial identity verification, validation shall occur during the course, at least every five hours during the online training portion, and then again immediately before the student’ s entrance to the final test and again when half of the questions have been answered.

Failure by a student to answer a validation question during a 60-second response time period, or a student providing more than one incorrect answer to a validation question, will cause the online course or test to automatically terminate. The student can register to take the course or test again after a 24-hour waiting period.

(h) If Provider or the department determines that a student has attempted or acquired certification by committing fraud, deceit, false statements, or perjury, provider shall notify the department in writing within 30 days of such determination, and shall revoke the certificate.

(i) At a minimum, provider shall include on the registration form, initial blocks in which the student signs off on the following information:

1. That the student who registers for the course is the person taking the course. That the student must take a test of at least 50 questions on course content and get 70 percent correct to receive a course completion certificate. Failure to answer correctly 70 percent content questions will result in a test failure and the student must wait at least 24-hours to retake the test.

2. That the student will be asked time-limited validation questions during the course and test. The validation questions will ask the student questions about themselves based on information provided by them and obtained through credit bureaus. Failure by a student to answer a validation question during a 60-second response time period, or a student providing more than one incorrect answer to a validation question, will cause the course or test to automatically terminate. Upon termination, a 24-hour waiting period is required before the student is allowed to register again.

3. Failure of student to sign-off to each stipulation listed above will result in the student’ s inability to proceed with the course.

(j) Provider will provide an electronic or paper report of students taking the course and those passing the final test every three months (first of January, April, July and October) to the Department of Health, the Bureau of Water Programs, Mail bin C-22, Tallahassee, Florida 32399-1742. Included in the report will be the student’ s name, address, business affiliation and date of certificate issuance. This information will be handled by the department as required by statute and rule.

(k) Provider must maintain electronic records of the information in the above section for at least 10 years after the certificate is issued.

(l) A subject matter expert representing Provider must be available by telephone or via electronic means during normal business hours to assist students.

(m) Any reference to department approval shall state no more than: “This course is approved by the Florida Department of Health for student certification as a Public Pool Service Technician under Chapters 514, Florida Statutes, and 64E-9, Florida Administrative Code.“

(n) In order to ensure that the requirements of this section are met, the department retains the right, two (2) or three (3) times a year, to sign-on and take the providers course, as any interested student would. In order to allow such inspection, provider shall reimburse the department the cost of the course. The department, when making a request for the reimbursement, shall provide the provider with the time and date the course was taken, and the number of the credit card used to pay for the course.

(o) This internet-based online course approval is not transferable and only applies to this internet course and to the provider it was issued to.

Specific Authority 381.006, 381.0011, 514.021, 514.075 FS. Law Implemented 514.025, 514.075 FS. History–New 9-25-97, Amended 5-27-04,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bob Vincent, phone [phone], Environmental Administrator, Bureau of Water Programs, Department of Health, Mail Bin C-22, 4042 Bald Cypress Way, Tallahassee, FL 32399-1742
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Viamonte Ros, MD, State Surgeon General
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008; September 29, 2006; and January 21, 2005