64E-9.016. Variances  


Effective on Wednesday, July 20, 2016
  • 1A variance from requirements of these rules may be requested by the pool owner or their representative to relieve or prevent hardship only in cases involving deviations from the rule, when it is shown that the hardship was not caused intentionally by the action of the applicant, where no reasonable alternative exists and the health and safety of the pool patrons is not at risk. Application for variance shall be submitted through the county health department utilizing DOH Form 4080, Application for Variance from Chapter 64E-9, F.A.C., 07/08, which is incorporated by reference and available at 97http://www.flrules.org/Gateway/reference.asp?No=Ref-0698199. Each application can be accompanied by supportive materials such as drawings, pictures or manufacturer’s specifications and a fee must be paid in accordance with subsection 12564E-9.015(2), 126F.A.C. Applications must be received by the county health department at least 30 days prior to the scheduled meeting of the 147Governor’s Swimming Pool Advisory Board152. Walk-in applications at the Board meeting may be reviewed only if there is time available as determined by the Chair. Each walkin applicant must provide evidence they: have paid the variance fee to the county health department, have received a department review of the application, and applicant provides eight full sets of the application package to the Board.

    211Rulemaking Authority 213381.006, 214514.0115, 215514.021 FS. 217Law Implemented 219514.0115, 220514.021, 221514.028, 222514.051, 223514.06 FS. 225History–New 10-5-93, Formerly 10D-5.145, Amended 12-27-98, 5-24-09, 7-20-16.

     

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