So, you want a variance from the Pool Rules...
Commercial/Public Pool, Spa, Wading Pool & Interactive Water Feature
Variances from the State Rule 64E-9, Florida Administrative Code (F.A.C.)
The Tallahassee Health Department office (State Health Office) issues final Variance Decisions.
The Governor’s Swimming Pool and Bathing Places Advisory Board, reviews variance applications and makes recommendations to Tallahassee.
The Local Health Department office receives the fee and application, may conduct site inspection, and forwards the application to Tallahassee for inclusion on the Advisory Board agenda.
The applicant is the owner or representative authorized in writing, who signs the Variance Application and receives the final Variance Decision.
Kimes Engineering, if desired, can prepare the Variance Application and represent the owner at the Advisory Board meeting when the Variance request is considered.
The Variance Application and supporting information is prepared. This does not require an engineer, but Kimes Engineering is available with the expertise to complete these materials.
11 copies of the Application, supporting documentation, and fee are submitted to the Local Health Department office 60 days prior to the Advisory Board meeting. A receipt of fee is issued.
After review, the Local Health Department forwards 10 applications to the Tallahassee Office to insert in the Advisory Board’s agenda.
The Advisory Board meets the 2nd Wednesday of every ODD month, at the Regional State Health Office located at 400 W Robinson St, Orlando Fl, beginning at 9:30 am.
The Advisory Board’s decision is a recommendation to the Tallahassee Office, who issues the official decision on the Variance request, usually within 30 to 45 days following the meeting.
If desired to have a Variance Application considered at the next meeting, but the 60 day submittal deadline has passed, the Advisory Board does accept and consider “walk on” applications presented in person.
In the case of a “walk on”, one copy of the Application and the fee are still submitted to the Local Health Department, who issues a receipt for the fee, and returns one copy of their signed page 2 of the application with any comments they may make.
10 copies, with the receipt are taken to the Advisory Board meeting, for the “walk on” presentation.
SAMPLE OF THE REQUIRED VARIANCE FORM
(Recommend downloading official form from Florida Department of Health Website)
Application No._____________
Check #____________________
ENVIRONMENTAL ENGINEERING
APPLICATION FOR VARIANCE FROM CHAPTER 64E-9,
FLORIDA ADMINISTRATIVE CODE SWIMMING POOLS AND BATHING PLACES
In order to solicit a variance recommendation from the Advisory Review Board, it is necessary to have a letter or inspection report from environmental engineering or the local county health department indicating that your proposed project, plan, or product does not meet one or more of the rule requirements set forth in Chapter 64E-9, Florida Administrative Code. A copy of the letter or report must accompany this application. Additionally, a processing fee of $300 must be provided.
PART I (To be completed by the applicant):
1. Name of Agent or Applicant:
2. Street Address: ______________________________________
State : _____________ Zip: ____________ Telephone: ( ) -
3. Name of Plan, Project, or Product :
Street Address: _______________________________________ City:
State : _____________ Zip: ____________ Telephone: ( ) - County:
Street Address: _______________________________________ City:
State : _____________ Zip: ____________ Telephone: ( ) - License Number: __________
5. Engineer's Name and License #:
6. State reason(s) for variance request. Attach eight copies of applications, drawings, specifications, photos, etc., that clearly illustrate this variance request. (Attach separate sheet if necessary.)
7. State hardship and justification as to why the variance would relieve the hardship. (Attach separate sheet if necessary.)
8. State any additional reason or provide any technical documentation to support your supposition that a variance would not likely result in an impairment to public health. (Attach a separate sheet if necessary.)
9. Forward to environmental engineering or local county health department having authority for review and completion of Part II.
Signature of Owner or *Owner's Agent
*Provide a letter from owner granting DH 4080, 7/08, 64E-9.003, F.A.C. permission to act on his behalf.
PART II (To be completed by Environmental Engineering/County Health Department prior to submittal.):
1. Specific Section(s) of Chapter 514, F.S. and/or 64E-9, F.A.C. involved in this variance:
2. State facts regarding this matter that would help make informed decisions.:
3. The department is aware of this request and has collected the appropriate fee.
DOH Engineer/Environmental Health Director Date
Instructions for CHD and/or Environmental Engineering:
1. County Health Department shall forward completed application and fee to The Bureau of Water Programs in Tallahassee.
2. In the spaces above list any additional details of your evaluation telling why the standards cannot be met and/or why they should be met.
3. This completed form must be received in the above office at least 30 days in advance to any scheduled Advisory Review Board meeting date.
4. Attach any supporting documentation you deem necessary to clearly explain the code violation and the variance request.http://www.doh.state.fl.us/environment/water/swim/download.html
