On August 31, 2017, the Department of Health issued an order in response to a petition for a variance filed on April 25, 2017, by Matthew Kirby, representing Oldcastle Precast. Petitioner sought a variance from Rule 64E-6.013(1)(b)4. (subsequently ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.013:Construction Materials and Standards for Treatment Receptacles

The Florida Department of Health hereby gives notice:

On August 31, 2017, the Department of Health issued an order in response to a petition for a variance filed on April 25, 2017, by Matthew Kirby, representing Oldcastle Precast. Petitioner sought a variance from subparagraph 64E-6.013(1)(b)4 (subsequently amended to paragraph 64E-6.013(11)(b)), and paragraphs (2)(b), and (7)(a), Florida Administrative Code, which limit the repair of chips below the water line, require a minimum tank depth of 40 inches and require an outlet T that extends to within 8 inches of the tank bottom. Notice of the petition was published in the April 26, 2017, 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.