A 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 Fl. Admin. Code Chapter 64E-9, 07/08, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06981. 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 64E-9.015(2), F.A.C. Applications must be received by the county health department at least 30 days prior to the scheduled meeting of the Governor’s Swimming Pool Advisory Board. 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.
Rulemaking Authority 381.006, 514.0115, 514.021 FS. Law Implemented 514.0115, 514.021, 514.028, 514.051, 514.06 FS. History—New 10-5-93, Formerly 10D-5.145, Amended 12-27-98, 5-24-09, 7-20-16.

Terms Used In Florida Regulations 64E-9.016

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.