The rule amendments will update standards adopted by reference, to allow for commercially bottled water in plastic bottles on the public pool wet deck for patron hydration, and to provide for the sanitation and safety criteria ....

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-9.004Operational Requirements

PURPOSE AND EFFECT: The rule amendments will update standards adopted by reference, to allow for commercially bottled water in plastic bottles on the public pool wet deck for patron hydration, and to provide for the sanitation and safety criteria to permit swim-up bars in public swimming pools in Florida.

SUMMARY: Update operational requirements for public pools.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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

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

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

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

RULEMAKING AUTHORITY: 381.006, 514.021, FS

LAW IMPLEMENTED: 381.006, 514.021, 514.031, FS

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bob Vincent, Environmental Administrator--Bureau of Environmental Health, 4052 Bald Cypress Way, Bin A-08, Tallahassee, FL 32399-1742 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64E-9.004 Operational Requirements.

(1) Water Quality – The water supply for all pools shall be an approved potable water system or shall meet the requirements for potable water systems by the submission from the operator of annual bacteriological and chemical laboratory reports to the county health department. Salt water sources are exempt from the potable water chemical standards except for iron and color requirements.

(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 NSF/ANSI/CAN Standard ­60-2021 60-2011, Drinking Water Treatment Chemicals-Health Effects, April 16, 2021 dated May 2011, or Chapter 27 of NSF/ANSI/CAN Standard 50-2020, Equipment and Chemicals for Swimming Pools, Spas, Hot Tubs, and Other Recreational Water Facilities, October 21, 2020, which is incorporated by reference in these rules and shall be compatible with other accepted chemicals used in pools. NSF/ANSI/CAN Standard 60-2021 and Chapter 27 of NSF/ANSI/CAN Standard 50-2020 are incorporated by reference, have been deemed copyright protected, and are available for inspection at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way, Tallahassee, Florida 32311 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32308. The following parameters shall be adhered to for pool water treatment:

1. pH – 7.0 7.2 to 7.8.

2. Disinfection – Free chlorine residual shall be 1 milligram per liter (mg/L) to 4 10 mg/L, inclusive, in conventional swimming pools and 2 mg/L to 4 10 mg/L, inclusive, in all other type pools such as swim-up bars, spa-type pools and interactive water fountains; or available bromine residual shall be 1.5 mg/L to 6 10 mg/L, inclusive, in conventional swimming pools and 3 mg/L to 6 10 mg/L, inclusive, in all other type pools. Except that, the following maximum disinfectant levels shall apply to indoor conventional swimming pools: 5 mg/L free chlorine or 6 mg/L bromine.

3. through 7. No change.

(e) No change.

(2) Manual addition of chemicals will be allowed under special conditions and requires that the pool be closed prior to addition and for at least 1 hour period after addition or a longer period as necessary for sufficient and safe distribution of the chemical. After treatment for breakpoint chlorination and algae prevention, use of the pool can be resumed when the free chlorine levels drop to 4 10 mg/L.

(3) No change.

(4) Food, beverages, glass containers, and animals are regulated as follows: prohibited in the pool.

(a) Food and beverages are prohibited in the pool and on the wet deck area, except:

1. Commercially bottled water in plastic bottles is allowed on the pool wet deck for pool patron hydration.

2. Food and beverages served in accordance with (5) below.

(b) All glass containers and products are prohibited in the fenced pool area or within 50 feet of an unfenced pool.

(c) Animals, other than service animals, are prohibited in the fenced pool area or within 50 feet of an unfenced pool. However, iIndividuals with a disability and service animal trainers may be accompanied by a service animal, as defined in section Chapter 413.08, F.S., but the service animal is not allowed to enter the pool water or onto the drained area of an interactive water feature (IWF) in order to prevent a direct threat to the health of pool patrons.

(5) Swim-up bars are permitted as provided in this subsection. A “swim-up bar” means a public swimming pool used for the consumption of food or beverage by people and may include a permanent bar or counter within the pool area from which food and beverage are served to people in the pool. Swim-up bars must meet with the following criteria:

(a) Swim-up bars are only permitted at transient public lodging establishments licensed under s. 509.013(4)(a)1., F.S, or at a theme park or entertainment complex as defined in s. 509.013(9), F.S.

(b) Food and beverages are allowed on the wet deck area and in the pool and must be provided to patrons in spill-proof containers that are not made of glass or other vitreous materials, that if broken could result in patron injury.

(c) A smooth, easily cleanable poolside surface must be provided for patrons to place their food and beverage containers upon.

(d) Signage must be posted to inform patrons that the public swimming pool has a swim-up bar that provides food and beverages, that spillages should be reported to staff for rapid cleanup, and that consumption of alcoholic beverages may cause drowsiness.

(e) Swim-up bar water quality shall be enhanced by providing a recirculation system with a maximum time of two (2) hours for turnover of the entire pool water volume.

(f) Swim-up bar water quality shall be continuously sustained in accordance with subparagraphs (1)(d)1. – 3. above through the use of an automated controller with chemical sensing probes for disinfection and pH control.

(g) The maximum depth of the swim-up bar must be no more than 54 inches.

(5) through (8) renumbered (6) through (9) No change.

(10) (9) 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 available bromine level, total alkalinity, calcium hardness, and pH. NSF/ANSI/CAN Standard 50-2020 50-2012 level 1 accuracy-certified water quality test devices/kits or specific laboratory analysis methods identified by the chemical product manufacturer must be available to determine the concentration in pool water of all NSF/ANSI/CAN Standard 60-2021 60-2011 approved chemicals that are fed or added to a public pool, or the chemical cannot be used. NSF/ANSI/CAN Standard 50-2020 50-2012, Equipment and Chemicals for Swimming Pools, Spas, Hot Tubs and Oother Recreational Water Facilities, October 21, 2020 September 16, 2012, is hereby incorporated by reference, has been deemed copyright protected, and is available for review at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way, Tallahassee, Florida 32311 32399-1710 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32308 32399-0250.

(a) through (d) No change.

(10) renumbered (11) No change.

(12) (11) Should a human fecal incidentaccident occur, the pool operator or owner shall comply with all recommendations found in the Centers for Disease Control and Prevention’s (CDC) “Fecal Incident accident Rresponse Rrecommendations for Aquatics Staff” dated June 22, 2018, February 15, 2008, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. Alternative emergency disinfection methods developed by industry, or by the application of new disinfection technology, or by the use of chemical disinfectants that are effective, safe, and appropriate for public bathing facilities, and are approved by the CDC, may also be used.

Rulemaking Authority 381.006, 514.021 FS. Law Implemented 381.006, 514.021, 514.031 FS. History–New 10-5-93, Formerly 10D-5.133, Amended 12-27-98, 5-27-04, 5-24-09, 7-20-16, Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bob Vincent, Environmental Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Joseph A. Ladapo, MD, PhD, State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 20, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2022