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 ...
DEPARTMENT OF HEALTH
Division of Environmental HealthRULE 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 CertificationNOTICE 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. 34 No. 43, October 24, 2008 issue of the Florida Administrative Weekly.
Changes are in accordance with comments received before and during the public hearing comment period, and from comments received from the Joint Administrative Procedures Committee.
CHAPTER 64E-9 PUBLIC SWIMMING POOLS AND BATHING PLACES
64E-9.001 General.
(1) through (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 (2007, with 2009 amendments) also have application to public pools.
Rulemaking 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 (6) No change.
(7) “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 F1346-91 (2003) may also be considered as an effective barrier.
(8) through (19) No change.
(20) “Pool Turnover” – The circulation of the entire pool volume through the filter system. Pool volume shall be determined from the design water level which is the normal operating water level; for gutter type pools is the horizontal plane of the upper lip of the gutter and for skimmer pools is the centerline of the skimmer opening.
(21) through (27) No change.
(28) “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) through (42) No change.
Rulemaking 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 chapter section are herein incorporated by reference and may be obtained from the department, at: http://www.doh.state.fl.us/environment/water/swim/download.html, or write to DOH, Bureau of Water Programs, mail bin C-22, 4052 Bald Cypress Way, Tallahassee 32399-1742, or at the local cCounty hHealth dDepartment. The following forms are for use by the department or the public:
(a) through (c) No change.
(2) No change.
Rulemaking Specific Authority 381.006, 514.021 FS. Law Implemented 381.006, 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) No change.
(a) Applicants for a swimming pool exemption pursuant to (2)(a) or (2)(b) or (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; and form DH 4065 for 32 units or less, or DH 1704 for more than 32 units, 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; and a completed form DH 4065 for 32 units or less, or DH 1704 for more than 32 units.
3. For exemption as a water therapy facility pool: along with a completed form DH4144:, 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 tThis medical 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) No change.
(2) No change.
(3) An exemption from department rules does not exempt the pool from Florida Building Code (2007 with 2009 amendments) requirements, found in sections 11 and 424.1.
Rulemaking 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, Drinking Water Treatment Chemicals-Health Effects dated September, 2005, 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 – 100 mg/L maximum in pools, with 40 mg/L as the recommended maximum, and 40 mg/L maximum in spa pools.
5. through 7. No change.
(e) Landscape irrigation water that wets the wet deck area of the pool, the pool itself, enters the collector tank, or wets an interactive water feature must be potable water from a public water system.
(2) through (3) No change.
(4) Food and beverages, drink and glass containers are prohibited in the pool and on the pool wet deck area; animals and glass containers are prohibited within the fenced pool area, or 50 feet from pool edge when no fence exists.
(5) through (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 and, 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 the Centers for Disease Control and Prevention’s Control’s (CDC) “Fecal accident response recommendations for Aquatics Staff” dated February 15, 2008, found on the department’s internet web site: http://www.floridashealth.org/Environment/water/swim/index.html. http://www.cdc.gov/healthyswimming/fecalacc.htm. 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.
(15) For pools used at night or when adequate natural lighting is not available, the lighting requirements of paragraph 64E-9.006(2)(c), F.A.C., shall be met.
Rulemaking 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.
No change.
(1) through (7)(a) No change.
(b)1. through 3. No change.
4. The unit shall meet the requirements of the NSF/ANSI standard 50-2007.
(c) through (d) No change.
Rulemaking 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 specifications standards violate Chapter 64E-9, F.A.C., rule requirements or the approval criteria of NSF/ANSI Standard 50-2007 or NSF/ANSI Standard 60-2005 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 one four square inches on all sides, 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 one inch on all sides 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 shear 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). Tiles shall not have sharp edges exposed that could cause bather injury.
(b) through (e)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 shall 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 as detailed in sub-subparagraph 64E-9.006(1)(c)3.e., F.A.C., above, 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) through (g) 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 of more than three-sixteenths inch (3/16'') deep that accumulate soil are prohibited. If settling or weathering occurs that would cause standing water, the original slopes shall be restored or corrective drains installed. 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) through (c)3. No change.
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 for overhead conductor clearances to pools that meet the safety standards 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 Fire Protection Association 70, National Electrical Code (NEC), 2008 Edition, effective August 15, 2007, and 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 shall be provided on form DH916 from the electrical contractor or the electrical inspector certifying compliance with the National Electrical Code. Where emergency cut-off switches are provided on existing or new pools, the alarm and signage specified in subsection 64E-9.010(16), F.A.C., for spa pools shall be provided within 180 days of effective date of this rule.
(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. Any fence or gate installed shall use members spacing that shall not allow passage of a 4 inch diameter sphere. 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 powered intake within 6 inches of the floor 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 specified approved by the design department engineer who must consider anticipated workload including equipment removal, and the ladder slope, tread height and width, and construction material of the ladder. 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 40 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., F.A.C., below. Each shall include a water closet, a diaper change table, a urinal, and a lavatory; a urinal is optional. Pools with a bathing load larger than 40 90 persons shall provide separate sanitary facilities labeled for each sex. The entry doors of all such restrooms must be located within a 200 foot walking distance of the nearest water’s edge of each pool served by the facilities.
1. through 2. No change.
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 coved where either floor or wall is not made of waterproof materials such as tile or vinyl or the intersection is not sealed waterproof.
4. through 7. No change.
(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, shall be through self-closing self-latching lockable gates of 48 inch minimal height from the floor or ground 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. If the self-closing self-latching gate is also self-locking and is operated by a key lock, electronic opener, or integral combination lock, then the operable parts of such locks or openers shall be 34 inches minimum and 48 inches maximum above the finished floor or ground. 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 consideration shall be given to the U.S. Consumer Product Safety Commission (CPSC) Publication No. 362, March 2005, guidelines available from CPSC.gov, or the Florida Building Code, 2007 with 2009 amendments, sections 424.2.17.1.1 – 424.2.17.1.8 R4101.17.1.1-R4101.17.1.8. Safety Covers that comply with ASTM Standard F1346-91 (Reapproved 2003), titled Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, and available from ASTM.org, do not satisfy this requirement.
Rulemaking 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) through (3) No change.
(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 one inch on all sides 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 one inch on all sides 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 and shall be flush with the surrounding area or be recessed no more than 3/8 inch.
2. through 3. No change.
(b)1. through 2. No change.
3. Recessed automatic surface skimmers may shall be installed with an equalizer valve and an equalizer line when the skimmer piping system is connected directly to pump suction. If installed, tThe equalizer valve shall be a spring loaded vertical check valve which will not allow direct suction on the equalizer line. Float valves are prohibited. The equalizer line inlet shall be installed at least one foot below beliow the normal pool water level and the equalizer line inlet shall be protected by an ASME/ANSI A112.19.8-2007 compliant cover/grate. The equalizer line shall be sized to handle the expected flow with a two inch minimum line size. For existing pools, within 180 days of effective date of this rule, skimmer equalizer lines shall be permanently plugged or ASME/ANSI A112.19.8-2007 compliant covers/grates shall be installed at the inlet.
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 one inch on all sides four square inches. Glazed tile that is smooth and easily cleanable shall be utilized.
(4) through (9) No change.
(10) (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 as described in the collector tank definition, the first paragraph of Rule 64E-9.005, subsections 64E-9.007(8) and 64E-9.007(10), F.A.C., on or before the following dates to eliminate direct suction through the main drain.
1. No change.
2. All existing public pools with direct suction main drains shall install as soon as possible, but in no case later than 180 120 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/grates and the main drain cover/grate 1.5 feet per second water velocity requirement of this rule.
3. through 4. No change.
(g) No change.
(11) through (15) No change.
(16)(a) through (e) No change.
(f) Ultraviolet (UV) light disinfectant equipment may be used as supplemental water treatment on public pools (and additional alternative treatment on IWFs) subject to the conditions of this paragraph and manufacturer’s specifications. UV is encouraged to be used to eliminate or reduce 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 such that when the UV equipment fails to produce the required dosage as measured by an automated sensor, the feature pump(s) are disabled so the water features do not operate.
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, which is publication number EPA 815-R-06-007 available from the department at http://www.floridashealth.org/Environment/water/swim/index.html or at http://www.epa.gov/safewater/disinfection/lt2/pdfs/guide_lt2_uvguidance.pdf.
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.
5. The UV equipment shall not be located in a side stream flow and shall be located to treat all water returning to the pool or water features.
(17) No change.
Rulemaking 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) through (1)(a) No change.
(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, or by Medic First Aid International, Inc., or by American Safety and Health Institute.
(c) through (e) No change.
(2) through (6) No change.
(7) No change
1. No food or beverages, drink, glass or animals in pool or on pool wet deck.
2. No glass or animals in the fenced pool area (or 50 feet from unfenced pool).
3. Bathing load: __ persons.
4.3. Pool hours: __ a.m. to __ p.m.
5.4. Shower before entering. Pools of 200 square feet in area or greater without an approved diving well configuration shall have “NO DIVING”, in four inch letters included with the above listed pool rules.
6.5. 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.
(10) Floating and climb-on devices, objects or toys that are not a part of the approved pool design shall not be tethered in the pool or installed without engineering modification application and department approval.
Rulemaking 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) through (10) No change.
Rulemaking 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 (15) No change.
(16) If 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.” Where emergency cut-off switches are provided on existing or new spa pools, the alarm and signage specified in subsection 64E-9.010(16), F.A.C., above shall be provided within 180 days of effective date of this rule.
(17) No change.
Rulemaking 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 Recirculation Attraction and Specialized Pools.
(1) through (5) No change.
(6) Zero Depth Entry Pools.
(a) through (e) No change.
(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. The design plans submitted by the applicant shall provide the volume of water in the pool area of three feet depth and less, the volume of water in the pool area greater than three feet in depth, and the total volume in the pool for determination of minimum circulation flow. The volume calculations shall provide verification that the correct volume of water is used to determine the minimum flow at the two hour and the six hour flow requirements.
(g) through (h) No change.
(7) No change.
(8)(a) through (e) No change.
(f) Hydraulics.
1. No change.
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 and the requirements at paragraph 64E-9.007(16)(f), F.A.C. This alternative must have the ability to feed 6 mg/L free chlorine to the feature water as it is returned to the spray feature. The UV disinfection equipment shall be electrically interconnected such that whenever it fails to produce the required UV dosage, the water spray features pump(s) and flow will be immediately stopped.
3. through 7. No change.
(g) through (h) No change.
(i) Play features with an overhead clearance of less than two feet shall be blocked or barricaded to preclude children becoming entrapped.
(i)(j) IWFs shall be constructed of concrete or other impervious and structurally rigid material.
(j)(k) In addition to the requirements of subsection 64E-9.008(7), F.A.C., all IWF pool rule 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.
(k)(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) No change.
Rulemaking 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 (4) No change.
Rulemaking 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) through (2)(c) No change.
(d) Annual renewal of operating permits, use form DH4063:
1. Pools greater than 25,000 gallons and bathing places – $250.00 $.250.00
2. through 4. No change.
(3) through (5) No change.
Rulemaking 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) through (2) No change.
Rulemaking 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) through (d) No change.
(e) A main drain grate is missing, unsecured, improperly secured, or damaged, or does not meet the requirements of subparagraph 64E-9.007(10)(f)2., F.A.C., by the time allowed.
(f) No change.
(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 paragraphs 64E-9.007(3)(b) and (10)(f), F.A.C., are not completed by dates specified.
(h) Any other conditions which endangers the health, safety, or welfare of persons using the pool, which may include, but is not limited to: a drowning hazard, broken glass, sharp edged or broken tile or metal, fecal accident(s), electrical code violation, or severe biological growth. 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.
(2) Correction of Unauthorized Modifications.
(a) When it is discovered that a pool has been modified from the department approved plans and application, corrective construction and replacement shall be allowed to occur to bring the pool into compliance with the plans and applications as approved without the requirement for a modification permit, unless any of the following exist:
1. Critical conditions identified in paragraphs 64E-9.017(1)(d) and (g), F.A.C., above are discovered.
2. The original approved plans and application are not available for verification.
3. The extent of the unauthorized modification cannot be readily determined by the department or the design engineer.
4. The corrective construction or replacement will place the pool in violation of current pool construction rules.
5. The construction requires concrete work or placement of underground pipes.
6. Other unsanitary or unsafe conditions apparent to the department or the design engineer.
(b) Whenever any of the conditions numbered 1 through 6 above exist, the owner shall make application to the department with form DH 914 pursuant to subsection 64E-9.005(1), F.A.C., for a modification permit to authorize any construction required to restore the condition of the pool to an approved or original condition.
Rulemaking 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 (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.
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.
(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.
(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.
(7)(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, F.S., and Chapter 64E-9, F.A.C.”
(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.
Rulemaking 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,________.
