On February 21, 2017, the Department of Health issued an order in response to a petition for a variance filed on October 5, 2016 by Alvaro Mendoza, representing Commercial Energy Specialists, regarding ultraviolet light water treatment devices for ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-9.001:General

The Department of Health hereby gives notice:

On February 21, 2017, the Department of Health issued an order in response to a petition for a variance filed on October 5, 2016 by Alvaro Mendoza, representing Commercial Energy Specialists, regarding ultraviolet light water treatment devices for public swimming pools. Petitioner sought variance from section 454.1.6.5.16.6 - 3., of Florida Building Code, Building, Chapter 4-Special Occupancy, as this section is incorporated by reference in Rule 64E-9.001, Florida Administrative Code; that requires UV light devices be validated under a code-referenced US Environmental Protection Agency guidance protocol. Notice of the petition was published in the November 1, 2016, edition of the Florida Administrative Register. The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner's particular circumstance. Therefore, pursuant to the requirements of subsection 120.542(2), Florida Statutes, the Department GRANTED WITH CONDITIONS Petitioner's request for a variance.

A copy of the Order or additional information 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.