(1) Regulation of public swimming pools and bathing places is considered by the department as significant in the prevention of disease, sanitary nuisances, and accidents by which the health or safety of an individual(s) may be threatened or impaired. Any change resulting in the operation of the pool in a manner unsanitary or dangerous to public health or safety shall subject the state operating permit to suspension or revocation. Failure to comply with any of the requirements of these rules shall constitute a public nuisance dangerous to health.
    (2) All pools which do not meet the definition of private pools are public pools.
    (3) 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-06893, 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 Florida Statutes § 120.60, 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 of a public pool by the jurisdictional building department in accordance with the Florida Building Code, Building, Chapter 4, Section 454.1.
    (b) 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 construction completion, the owner/operator or their agent shall notify 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.
    (c) 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.
    (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, that was in effect at the time of the pool’s construction permitting. Annual operating permits expire on June 30.
    (5) The 2014 FBC section 454.1 is hereby incorporated by reference, has been deemed copyright protected, and is 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, 514.0115(5), 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, 7-20-16.