Warren R. Ross, Esq., on behalf of Carl and Diane Baker; Petitioners contend that they are entitled to an exemption from the requirements that they have a third party maintenance entity inspect and maintain their system, and seek a determination ...

DEPARTMENT OF HEALTH
Division of Environmental Health

NOTICE IS HEREBY GIVEN THAT the Department of Health has issued an order disposing of the petition for declaratory statement filed by Warren R. Ross, Esq., on behalf of Carl and Diane Baker on December 11, 2008. The following is a summary of the agency's disposition of the petition:
Petitioners contend that they are entitled to an exemption from the requirements that they have a third party maintenance entity inspect and maintain their system, and seek a determination from the Department that they are exempt from the requirements as set forth in the Petition and all related statutes. The exemption in Section 381.0065(4), Florida Statutes, however, applies only to the contractor registration requirements established in Part III of Chapter 489, Florida Statutes, and the rules promulgated thereunder. This statutory exemption has allowed homeowners to maintain and repair the onsite sewage treatment and disposal system that serves their own, owner-occupied single family residence. The exemption does not relieve homeowners from other requirements imposed by law. Accordingly, upon a showing to the Department that Petitioners meet non-registration requirements imposed by law, in particular the provisions of paragraphs (4)(a)-(c), of Rule 64E-6.012, Florida Administrative Code, Petitioners may, in lieu of entering into a maintenance agreement with an approved maintenance entity, maintain and repair the onsite sewage treatment and disposal system serving their owner-occupied single-family residence located in Punta Gorda, Florida. Among other conditions, the non-registration requirements also include an annual inspection of Petitioners’ aerobic treatment unit by the Department.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin #A02, Tallahassee, Florida 32399-1703.
Please refer all comments to: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin #A02, Tallahassee, Florida 32399-1703.