Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64E - Division of Environmental Health
Chapter 64E-9 - PUBLIC SWIMMING POOLS AND BATHING PLACES
Section 64E-9.017 - Enforcement
Universal Citation: FL Admin Code R 64E-9.017
Current through Reg. 50, No. 187; September 24, 2024
Any public pool can be immediately posted closed by the department as not being in compliance with this chapter whenever any of the following conditions occur:
(1)
(a) The disinfectant level is below the
minimum or above the maximum that is prescribed in this chapter.
(b) The pH of the pool water is below 7.2 or
above 7.8.
(c) The clarity of the
pool water is such that the main drain grate is not readily visible from the
pool deck.
(d) The recirculation
system or disinfection feeding equipment is missing or not
functioning.
(e) Any portion of the
anti-entrapment system is missing or not functional, or a main drain
cover/grate is missing, unsecured, improperly secured, damaged, or does not
meet the requirements of this chapter by the dates specified.
(f) Operation without a valid
permit.
(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
equalizer grate does not exceed 1.5 feet per second, or the corrective actions
specified in this chapter and Section
514.0315, F.S., 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 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 original approved
plans and application, corrective actions and replacement shall be allowed to
occur to bring the pool back 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 repair is regulated under the FBC 454.1 by the jurisdictional
Building official.
6. Other
unsanitary or unsafe conditions apparent to the department or the design
engineer.
(b) Whenever
any of the conditions subparagraphs 1 through 6, above, exist, the owner shall
make application to the jurisdictional Building department for a modification
permit to authorize any construction required to restore the condition of the
pool to an approved or original condition. A copy of this permit application
shall be provided to the department.
Rulemaking Authority 381.006, 514.021, 514.05 FS. Law Implemented 381.006, 514.021, 514.04, 514.05, 514.06 FS.
New 10-5-93, Formerly 10D-5.146, Amended 12-27-98, 5-27-04, 5-24-09, 7-20-16.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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