On July 24, 2015, the Department of Health issued an order in response to a petition for a variance filed on March 25, 2015, by Bob Dapper, representing Royal Spa Corp., Indianapolis, IN. Petitioner sought a variance from various provisions of ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-9.004Operational Requirements

64E-9.006Construction Plan Approval Standards

64E-9.007Recirculation and Treatment System Requirements

64E-9.008Supervision and Safety

The Florida Department of Health hereby gives notice:

On July 24, 2015, the Department of Health issued an order in response to a petition for a variance filed on March 25, 2015, by Bob Dapper, representing Royal Spa Corp., Indianapolis, IN. Petitioner sought a variance from various provisions of Rules 64E-9.004, 64E-9.006, 64E-9.007, .and 64E-9.008, F.A.C., which require public swimming pools to: maintain a disinfectant residual, operate a recirculation system when in use, have minimum lighting for indoors, have a water line tile marker, be equipped with access by ladder or stairs, have a clear wet deck width and slope, have a 3 ft. x 6 ft. opening on the equipment enclosure, have minimal equipment area lighting, have a urinal in unisex restroom, have treatment equipment that meets national standard ANSI-NSF50, have a tile line of 6" width, have filters that meet ANSI-NSF50 , have a collector tank and gravity drainage, have automatic water makeup, have bypass and valving on heater, have automatic feeders for treatment chemicals, have ANSI-NSF50 certification and an air flow meter on the ozone system, USEPA method validation of UV system, and a pool rules sign. Notice of the petition was published in the April 12, 2015, 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 Section 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.