General, Definitions, Forms, Exemptions, Operational Requirements, Construction Plan or Modification Plan Approval, Construction Plan Approval Standards, Recirculation and Treatment System Requirements, Supervision and Safety, Wading Pools, Spa ...
Division of Environmental Health
RULE NOS.:RULE TITLES:
64E-9.001General
64E-9.002Definitions
64E-9.003Forms
64E-9.0035Exemptions
64E-9.004Operational Requirements
64E-9.005Construction Plan or Modification Plan Approval
64E-9.006Construction Plan Approval Standards
64E-9.007Recirculation and Treatment System Requirements
64E-9.008Supervision and Safety
64E-9.009Wading Pools
64E-9.010Spa Pools
64E-9.011Water Recreation Attractions and Specialized Pools
64E-9.013Bathing Places
64E-9.015Fee Schedule
64E-9.016Variances
64E-9.017Enforcement
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 91, May 9, 2014 issue of the Florida Administrative Register.
DH Form 4159 has been revised to update the form for use in initial permits, modifications, transfer or change in owner or name, and permit renewal. In response to JAPC comments, the request for information related to sanitary facilities and the requirement that the application have the signatures of a certified or registered contractor and an engineer have been removed. Other minor revisions have been made for form organization and ease of use by the department and the applicant. The following changes have been made to the rule text.
64E-9.001 General.
(1) No change.
(2) This chapter prescribes incorporated references, department forms, safety and sanitation standards, and retrofitting of existing pools requirements.
Innovations not addressed by this Chapter shall be addressed by the variance process.
(3) renumbered (2) No change.
(3)(4) As of April 29, 2012, per Sections 514.021 and 514.03, F.S, a public pool owner shall first have the plans reviewed and a permit issued for the construction or modification of a public pool by the jurisdictional building department in accordance with the Florida Building Code, Building, Chapter 4, Section 424.1.
(a) Upon completion of initial construction, the pool shall not be opened by the owner/operator for public use until an operational permit is issued by the department. At least 30 days prior to the scheduled construction completion, the owner/operator shall apply to the department for an initial operating permit on form DH 4159 918, Application for Initial Swimming Pool Operating Permit/Authorization, 10/2014 05/12, herein incorporated by reference and available at _________, with the required fee and a copy of the approved construction plans.
(b) For modifications, the owner/operator shall submit form DH 4159 916, Application for a Swimming Pool Operating Permit/Authorization, 07/08, herein incorporated by reference and available at _______, to the Department prior to the pool being reopened.
(4)(5) Annually, the pool owner/operator shall apply for an operating permit renewal from the department on form DH 4159 916. Approval of the permit shall be based upon the pool’s compliance with this Chapter, with the previous operating permit, and the maintenance of the pool in the same functional, safety, and sanitation conditions as approved by the jurisdictional building department or the department. For the purposes of this determination, department staff shall refer to and use the Florida Building Code (FBC), Building Chapter 4, public swimming pool section 424.1 that was in effect at the time of the pool’s construction permitting. Annual operating permits expire on June 30.
(5)(6) The 2010 FBC section 424.1and the 2012 Supplement are hereby 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 4052 Bald Cypress Way, Bin A-08, Tallahassee 32399-1710 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
Rulemaking Authority 381.006, 514.021 FS. Law Implemented 381.006, 514.0115(5), 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, 5-24-09,__________.
64E-9.0035 Exemptions.
(1) through (1)(a) No change.
(b)1. For purposes of determining exemption status, 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. Applicants shall provide either the recorded declaration of condominium or the recorded cooperative documents and any additional documents which establish the criteria set forth in Section 514.0115(2)(a) or (2)(b), F.S.
(2) through (4) No change.
Rulemaking Authority 381.006, 514.031 FS. Law Implemented, 514.0115, 514.031 FS. History–New 5-24-09, Amended__________.
64E-9.004 Operational Requirements.
(1) through (1)(d)2. No change.
3. When oxidation-reduction potential (ORP) controllers are required, the water potential shall be kept between 700 and 850 millivolts. Use of these units does not negate the manual daily testing requirement of subsection 64E-9.004(10)(13), F.A.C.
4. through (3) No change.
(4) Food, beverages, glass containers, and animals are prohibited in the pool. Individuals with a disability and service animal trainers may be accompanied by a service animal, as defined in 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) through (8) No change.
(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 bromine level, total alkalinity, calcium hardness, and pH. NSF/ANSI Standard 50-2012 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 Standard 60-2011 approved chemicals that are fed or added to a public pool, or the chemical cannot be used. NSF/ANSI Standard 50-2012, Equipment for Pools, Spas, Hot Tubs, and other Recreational Water Facilities, September 16, 2012, is hereby incorporated by reference, has been deemed as copyright protected, and is available for review at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way 4052 Bald Cypress Way, Bin A-08, Tallahassee, Florida 32399-1710 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
(a) through (d) No change.
(10) The keeping of a daily record of information regarding pool operation, using form DH 921, Monthly Swimming Pool Report, 3/98, hereby incorporated by reference and available at __________, shall be the responsibility of the pool owner or operator. Customized report forms may be substituted provided they contain the appropriate information and are made available 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 and pools, and shall be retained at the pool and made available to the department upon request. Any able person can test the pool water and record it in the report.
(11) No change.
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,__________.
64E-9.008 Supervision and Safety.
(1) through (2)(a) No change.
(b) 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 2007 edition of the American Red Cross Lifeguarding Instructors Manual, the 2009 edition of the American Red Cross Water Safety Instructors Manual, the On the Guard II, The YMCA Lifeguard Manual, (2011) Fifth 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¸ have been determined to be copyright protected and are available for review at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way 4052 Bald Cypress Way, Bin A-08, Tallahassee, Florida 32399-1710 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Swimming instructors of developmentally disabled students shall also be certified in accordance with Chapter 514.072, F.S.
(c) through (10)(d)3. No change.
4. D.E. filter elements shall be maintained as installed with a minimum one inch clear spacing between elements. All cartridges used in public pool filters shall be maintained as 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. The D.E. filter tank and elements shall be maintained as 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
(10)(e) through (e)5. No change.
6. Ozone generators shall produce no more than a pool water contact concentration of 0.1 milligrams per liter (mg/L). The contact concentration in mg/L shall be calculated as the amount of ozone in grams per hours divided by the recirculation flow rate in gallons per minute times 4.41.
(11) through (13)(f) No change.
Rulemaking Authority 381.006, 514.021, 514.071 FS. Law Implemented 381.0015, 381.006, 514.021, 514.025, 514.03, 514.031, 514.0315, 514.05, 514.06, 514.071 FS. History–New 10-5-93, Formerly 10D-5.134 and 10D-5.137, Amended 12-27-98, 5-27-04, 5-24-09,__________.
64E-9.013 Bathing Places.
(1) through (2)(b)1. No change.
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(3)(4), F.A.C.
(2)(b)3. through (3) No change.
Rulemaking Authority 381.006, 514.021 FS. Law Implemented 381.006, 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, 5-24-09,__________.
