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 ...
Division of Environmental Health
RULE NOS.:RULE TITLES:
64E-9.001General
64E-9.002Definitions
64E-9.003Forms
64E-9.0035Exemptions
64E-9.004Operational Requirements
64E-9.005Construction Plan or Modification Plan Approval
64E-9.006Construction Plan Approval Standards
64E-9.007Recirculation and Treatment System Requirements
64E-9.008Supervision and Safety
64E-9.009Wading Pools
64E-9.010Spa Pools
64E-9.011Water Recreation Attractions and Specialized Pools
64E-9.013Bathing Places
64E-9.015Fee Schedule
64E-9.016Variances
64E-9.017Enforcement
NOTICE 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. 40 No. 225, November 19, 2014 issue of the Florida Administrative Register.
DH 4159, incorporated in Rule 64E-9.001(3), has been revised to request the design engineer/architect’s contact information and has minor revisions to the instructions and form organization for improved use by the department and the applicants. DH Form 4157, incorporated in Rule 64E-9.008(10)(c)2., has been revised to update the form to include the collection of information required under section 514.0315(1), F.S. The following changes have been made to the rule text.
64E-9.001 General.
(1) through (2) No change.
(3) A As of April 29, 2012 per Sections 514.021 and 514.03, F.S., a public pool owner or their agent shall first make application to the department for an initial operating permit on form DH 4159, Application for a Swimming Pool Operating Permit, 9/2015, herein incorporated by reference and available at , along with the accompanying information listed in section 514.031(1)(a), F.S., the required fee and a copy of the construction plans and specifications. The application shall be deemed incomplete pursuant to section 120.60, F.S., until a copy of the final building department inspection is received by the department.
(a) After submitting an application for an initial operating permit, the owner or agent shall have the plans reviewed and a permit issued for the construction or modification of a public pool by the jurisdictional building department in accordance with the Florida Building Code, Building, Chapter 4, Section 454.1 424.1.
(b)(a) Upon completion of initial construction, the pool shall not be opened by the owner/operator for public use until an operational permit is issued by the department. At least 30 days prior to the scheduled construction completion, the owner/operator or their agent shall notify apply to the department in writing to request the department’s initial operating permit inspection. A copy of the final building department inspection shall be submitted with this request. for an initial operating permit on form DH 4159 Application for Swimming Pool Operating Permit, 10/2014, herein incorporated by reference and available at _________, with the required fee and a copy of the approved construction plans.
(c)(b) For modifications, the owner/operator or agent shall submit form DH 4159 to the Department and follow the same sequence in paragraphs (a) and (b), however, the department does not charge a state fee prior to the pool being reopened.
(4) Annually, the pool owner/operator shall apply for an operating permit renewal from the department on form DH 4159. Approval of the permit shall be based upon the pool’s compliance with this Chapter, with the previous operating permit, and the maintenance of the pool in the same functional, safety, and sanitation conditions as approved by the jurisdictional building department or the department. For the purposes of this determination, department staff shall refer to and use the Florida Building Code (FBC), Building Chapter 4, public swimming pool section 454.1, or its predecessor, 424.1 that was in effect at the time of the pool’s construction permitting. Annual operating permits expire on June 30.
(5) The 20142010 FBC section 454.1 is 424.1 and the 2012 Supplement are hereby incorporated by reference, has have been deemed copyright protected, and is are available for inspection at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way, Tallahassee, Florida 32399-1710 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
Rulemaking Authority 381.006, 514.021 FS. Law Implemented 381.006, 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, 5-24-09, .
No change.
64E-9.008 Supervision and Safety.
(1) through (10)(c)1. No change.
2. The owner/operator shall provide a completed form DH 4157, Pool Owner/Operator Verification of Entrapment Safety Features, 09/2015 02/13, herein incorporated by reference and available at ____________, to the department when a change in the safety feature occurs.
3. through (13) No change.
Rulemaking Authority 381.006, 514.021, 514.071 FS. Law Implemented 381.0015, 381.006, 514.021, 514.025, 514.03, 514.031, 514.0315, 514.05, 514.06, 514.071 FS. History–New 10-5-93, Formerly 10D-5.134 and 10D-5.137, Amended 12-27-98, 5-27-04, 5-24-09, .
No change.
