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Information Regarding NEC Standard for Pool Bonding

Article 680 of the National Electrical Code (NEC), Section 680.26(7) clarifies bonding requirements for all non-current carrying metal parts. It says "All fixed metal parts shall be bonded including, but not limited to, metal-sheathed cables, and raceways, metal piping, metal awnings, metal fences, and metal door and window frames." This applies to all metal door and window frames within 5 feet horizontally of the pool wall, and 12 feet vertically above the water surface. If there is some sort of separation barrier that "prevents contact  by a person" this does not apply.

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A short video overview about Southwest Florida Building Inspections http://www.kimesengineering.com/swflbuildinginspections.html a company which offers private provider plans review, inspection services, and professional association management services. Southwest Florida Building Inspections is located at 13410 2nd Avenue NE, Bradenton, FL 34212. Call 941.747-0677 for more information.

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A promotional video for the United Pool & Spa Association sponsored by Kimes Engineering. This video features the recent golf outing at Mission Inn Resort and Club at Howey in the Hills, Florida. It is just two minutes of your time to have a look and find out how you could benefit by being a member with UPSA...

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Photos of Projects Engineered by J. Kent Kimes, Kimes Engineering. Photos provided by Dan Johnson, Swim Inc.

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“View From the Top of the Pool Slide”

Here is part two of some important documents from the Health Department in Tallahassee, Florida related to commercial pools.  The “View From the Top of the Pool Slide” is primarily guidance and interpretations offered by the State Health Office, Bureau of Water Programs in response to questions from engineers, contractors and Health Department staff statewide.  The issues #1 and #2, contain many useful interpretations related to “collector tank” retrofits…

View from the Top of the Pool Slide FDOH Bureau of Water Programs Issue #2, March, 2010 1) Question: Fencing Pool Heaters The rule at 64E-9.006(2)(e) requires retrofitting of existing pool heaters with an equipment area fence or room to protect children from burns and to avoid vandalism. Can this barrier requirement be waived for the heaters that are not a hazard? Answer: Yes, an enclosure or room is NOT required for the heater when all of the following conditions exist as determined by the CHD pool inspector: a) the existing heater has no hot exterior surfaces that can be touched, b) the heater has no switches readily accessible that can be adjusted by unauthorized persons, and c) the heater has no valves that can be readily accessed by unauthorized persons (switches and valves may use locking devices to avoid the retrofit enclosure if they are currently accessible). 2) Question: Offset Spa Retrofit Compliance Date / Wading Pool Retrofit At 64E-9.007(10)(f), the pool and spa gravity drain/collector tank retrofit dates are specified for pools and spas separately, what date shall be used for an offset spa built into the side of a pool with circulation water through the wall opening? Answer: If the offset spa is under direct suction the spa needs to be retrofitted by the required spa retrofit date in the rule. Where there is a wading pool and main pool on the same recirculation system, the wading pool date prevails, or the wading pool can be closed from use and the connection for it to the recirculation system disconnected, for example cut and capped, until such time as the recirculation system is retrofitted. 3) Question: Skimmer Equalizer Line VGB Compliance Under 64E-9.007(3)(b)3., skimmer equalizer lines must be ASME compliant by November 20, 2009. Though there are several approved covers for the one or two inch sized equalizer line, these covers stand out from the wall more than an inch and present an injury potential, so many pool owners prefer to plug their equalizer line. You may wish to alert owners that when activated by the skimmer clogging, this line prevents pump cavitation and subsequent heat failure. How do we allow skimmer equalizer lines to be plugged if an ASME approved drain cover is not installed? Answer: One acceptable permanent means is to screw PVC plugs into both ports of the equalizer line, one in the wall, and one in the bottom of the skimmer. The plug must be tightly torqued in, and the pool wall plug should have a flush with the wall or recessed or internal socket head, again to avoid injuries. Future CHD inspections need to verify these remain in place. Plugging with concrete or hydraulic cement is acceptable too. 4) Question: Glass Near Pools Under 64E-9.008(7)2., it is stated that no glass shall be allowed inside the fence or within 50 feet of an unfenced pool, yet at 64E-9.004(4), ‘…glass containers are prohibited’…. Does the prohibition in 64E-9.008 include glass tables? Answer: The intent of the rule change at 64E-09.004 was to keep breakable bottles from near the pool and the deck. However, 64E-09.008 can be applied to other glass items. So, some investigation may be needed. If the tables are made of glass, and were there before the May 24, 2009 rule revision, they are grandfathered. If brought into the fenced or 50 foot zone since the effective date of the rule change, they need to be made from one of the many brands of transparent plastic such as PMMA ‘acrylic glass’ (ex. Lucite, Plexiglas) or polycarbonate (ex. Lexan). Less desirable than plastic, laminated glass (like car windshields) and tempered glass (which breaks into small squares) are safer than shard producing glass and may be considered for variance. No matter what material, they may never be closer than four feet (4’) from the pool edge. 5) Question: Service Animals Under 64E-09.008(7), animals are prohibited in the fenced pool area. Can service animals be allowed in the fenced area? Answer: Yes, however the service animal is not allowed in the pool water nor on the wetted area of an IWF. Service animals on a pool’s wet deck is a poor public health practice. The state law, however, allowing a service animal to go where their owner goes, effectively overrules our pool rule prohibition. Refer to Ch. 413.08, FS, and note the one exclusion: (3)(e) A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal's behavior poses a direct threat to the health and safety of others… thus service animals not being allowed in the pool water nor on the wet deck including the wetted area of an IWF is still applicable. 6) Question: Contractors Allowed to Perform Public Pool Work What types of contractors can legally do modifications for the collector tank retrofits and the resurfacing of existing pools? Answer: Our Office of General Counsel had received a formal declaratory statement from the Construction Industry Licensure Board (CILB). It addresses the requirement that only commercial pool contractors are allowed to conduct public pool modifications such as suction to gravity drain conversions and collector tank retrofits. It is fairly specific and clear. (See attached) We also had a teleconference with the CILB Executive Director to discuss the issue of resurfacing public pools by residential pool/spa contractors and servicing pool/spa contractors. Resurfacing and new decking work is NOT deemed a modification under 64E-9.005(2) but there are numerous upgrade requirements and a notification period. The CILB Director's verbal determination was that the language at 489.105(k & l), F.S., was sufficiently plain to allow both types of pool contractors to do resurfacing and decking work. The requirements in 64E-09 must be followed by any contractor that conducts work on public pools. Should there be a violation of the DOH rule during a resurfacing project, please ensure that the violation is corrected using normal DOH compliance procedures. We also ask that you report the violation to the building code official in the county or city where the pool is located and copy Bob Vincent at the Bureau of Water Programs. Related CHD questions: 6a. Where can I find the scope of work of the three types of swimming pool/spa contractors? Answer: Refer to 489.105, FS, see paragraphs j, k, and l; for the law, go to: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_S tring=&URL=Ch0489/SEC105.HTM&Title=->2009->Ch0489- >Section%20105#0489.105 For general CILB information about contracting. licensing and scope of work, see also http://www.myfloridalicense.com/dbpr/pro/cilb/codes.html 6b. Who can build a public pool? Answer: Only a commercial pool contractor can construct the entire public pool, spa or any of the other types regulated under 64E-9, FAC. Be aware that a General Contractor as defined under Ch 489.105(3)(a) is allowed under Ch 489.113(3)(c) to perform structural swimming pool work. 6c. Who can "modify" a public pool? Answer: According to the definition of a modification at 64E-9.002(14) and the details under 64E-9.005(2), only commercial pool contractors may do this work. This is reflected in the declaratory statement by the CILB. The collector tank retrofits for suction to gravity drainage required by DOH rule during the next several years must be done as modification permits, so a professional engineer and a commercial pool contractor must do the plans application and the construction. 6d. Who can "repair or resurface" a public pool? Answer: The scope of work for the residential and servicing pool/spa contractors defined at 489.105(k) & (l) allows both types of contractors to repair or resurface public pools. A commercial pool/spa contractor may do this work too. 6e. How do we deal with 64E-9 rule violations? Answer: The engineers must not approve contractor errors made while building new and modified pools and must ensure that errors are corrected, or that the error/violation of DOH rule receive a variance. The CHDs' pool staff must not approve the errors on resurfacing projects, and ensure they are corrected or receive a variance. Both the pool owner and the contractor should be notified with the same denial letter. Licensing violations by a pool contractor should to be referred to the city or county contractor licensing official and/or the building code official for their resolution. Where construction violations are egregious or not corrected, these should be referred to the local building official also while the CHD takes compliance action against the pool owner. 6f. What about the pool specialty contractors? What type of work can they perform? Answer: There are several types of these contractors (refer to http://www.myfloridalicense.com/dbpr/pro/cilb/documents/cilb_faqs_swim.pdf ), Please note that the pool specialty contractor must work directly for one of the three types of pool contractors licensed under Chapter 489. The specialty contractor may not contract directly with the public. 7) Question: When Does Grandfathering Expire When a permit expires or the property is foreclosed and the transitional owner does not keep the pool permit active, how long shall we wait before inactivating the grandfathered rule requirements that would be violations under the most current rule version? Answer: The pool may be closed for violation of the rule anytime conditions warrant it in accordance with 64E-9.017, and the enforcement protocol for pools dated December 22, 2006. When the permit expires on June 30, you should alert the property owner by certified delivery that if they leave the pool unpermitted for one year, the pool will no longer be considered grandfathered under its original approval. Upon the next July 1, for the pool to be reopened, the pool would need to be brought into compliance with the present day 64E-9, FAC. We would expect a variance request when this occurs. Attachment as separate document: Construction Industry Licensure Board (CILB) Declaratory Statement – referencing work allowed to be performed on public pools by the various types of pool contractors

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“View From the Top of the Pool Slide”

Here is part one of some important documents from the Health Department in Tallahassee, Florida related to commercial pools.  The "View From the Top of the Pool Slide" is primarily guidance and interpretations offered by the State Health Office, Bureau of Water Programs in response to questions from engineers, contractors and Health Department staff statewide.  The issues #1 and #2, contain many useful interpretations related to "collector tank" retrofits...

View from the Top of the Pool Slide  

FDOH Bureau of Water Programs 

Issue #1 August, 2009   

   1) Question: 

The new 64E-9, FAC rule requires many retrofits during different specific time 

frames, should we require changes to other existing pool items when we process 

these modifications, in other words, bring the pool up to today’s standards? 

 Answer:    No, unless a pool, spa, etc. has a worn out or broken device, 

equipment, marking or surface, or the rule specifically requires a retrofitted part, 

then the pools may retain what was approved years ago at construction.  This 

assumes they have not changed anything that would have required a 

modification permit.  There are new rule criteria at 64E-9.017(2) to deal with 

unapproved modifications. 

(2) Questions from a permitting engineer: 

1. Should we apply the revised code requirements, based on the bullets A-D 

below? This is a zero entry pool. Some additional review is required. 

2. Should we require a new fee? 

Situation: 

A- Plans and DH 914 form was received before the 5/24/09, the effective date of 

the rule revisions. (Considered a preliminary application. Check was received).  

B- The application was placed in abeyance for incompleteness before the new 

rule effective date.  

C- We received a faxed response letter, only, before the rule effective date. 

D- We received the revised plans and DH 914 forms in 2009, after the rule 

effective date (Now considered a complete application). 

 Answer:  Please consider, did the abeyance letter give a time frame to 

submit the needed info?  If not, you can process plans under the old rule and old 

fee.  If it gave a time frame, and they did not meet the time frame, ask for new 

rule compliance and the new fee.  If this original application had been denied, 

they would also start over with new fee and new rule. 

(3) Question: 

We are getting an influx of modification permits to add collector tanks to spas. 

Are you going to require a full equipment list for these projects or just the pump 

flows for checking the pipe and main drain velocities? 

 Answer:  We need a list of equipment complete enough to know what is 

being added to the system.  Additionally, we need to know the filter rate, pipe 

size of the main drain line, the surface overflow pipe size and the return line size, 

filter type, filter area and pool volume.  So, you would expect specifications for 

piping, pumps, collector tank, auto level control, filter, chlorine and pH feeder, 

specification of drain cover and specification of flowmeter.  If their current 

equipment complies with the current rule, then all they need to do is make note of 

it on the plans.  See the attached DRAFT checklist for collector tank retrofits.  

Though not required, they would be wise to also upgrade their chemical control 

equipment at the same time (for those required to).  Since 64E-9.007(16) 

requires replacement of isocyanurate feeders and adding pH control feeders by 

July 1, 2011, they might as well change them during this collector tank 

modification.  We will not require ORP controllers on these 2011 chlorine feeder 

retrofits. 

(4) Question from a pool contractor: 

Recently one of our spas was inspected with the Aqua Star main drain grate 

model # RWAV 12, the inspector kicked it back.  The inspector informed me it 

had to be flush at the frame, it was too tall.  Was the rule changed? 

 Answer provided:  Yes the rule has been changed.  Since passage of the 

Virginia Graeme Baker Act by the federal government with its requirement that 

drain covers comply with ASME A112.19.8-2007, DOH has been allowing drain 

covers to protrude a short distance above the pool floor as stipulated by the 

ASME Standard.  This has been our policy since early 2008, and has been 

addressed in the May 24, 2009 code revision by removal of the “must be flat and 

flush with the surrounding area” requirement entirely.  However, the grates that 

are ASME approved have been tested at labs to exacting conditions to meet the 

ASME criteria, and these must be installed in accordance with the manufacturer's 

specifications.  It is clear from the product specification sheets that the two types 

(R and non-R) have differing sizes (width and height), and also have differing 

frames that they fit.  DOH rule requires that all products installed in public pools 

be installed in accordance with manufacturer's specifications.  Therefore, please 

assure that this occurs on all drain cover replacement installations. 

(5) Question from CHD pool staff: 

In the new code the requirement for main drain grates being flush against the 

floor has been removed.  A pool apparently has an elevated drain grate that is 

not on the website approved grate list and is a gravity drained pool.  Am I correct 

to assume that they are allowed to have these types of grates now?  And should 

I approve the retrofit form they submitted even though the grate is not approved 

by DOH? 

 Answer:  No, this drain grate is an anti-vortex drain cover (not ASME 

A112.19.8-2007 approved and therefore not DOH approved).  It should not be 

allowed to remain since the rule at the time of installation prohibited the 

protrusion. 

(6) Question: 

One of the variance applications we have is for 1" x 1" glass tile.  The 

manufacturer states that no industry standard exists for bond strength.  Do you 

know where you find the 250 psi rating for tile shear strength that is in the new 

code? 

 Answer:  Look on the tile adhesive directions for use from the 

manufacturer that may be in the adhesive packages, or found on the web page of 

the tile/adhesive companies.  If you have questions and can’t readily find the 

information, have the pool contractor or design engineer provide the 

manufacturer information to you. 

(7) Question: 

The variance form DH4080 has changed such that there is no longer a 

recommendation space from the CHD engineer.  Was this done purposefully? 

 Answer:  Yes, legal counsel suggested this be removed to assure 

consistency between the CHD and the Bureau of Water Programs as these 

conflicts have made for difficult administrative hearings. 

(8) Question: 

Do exempt condos /co-ops with direct suction main drains have to add gravity 

feed main drains and collector tanks? 

 Answer:  No.  Chapter 514.0115(2)(a) exempts facilities with less than 32 

condo or cooperative units from all construction and design requirements except 

for water quality. 

Chapter 514.0115(2)(a) requires that the over 32 condos / co-ops receive an 

initial operating permit to become exempt.  Once exempt, we have no authority to 

require any changes.  They must maintain water quality and lifesaving 

equipment.  However, they may not modify their pool or equipment, because that 

would negate their initial operating permit and approved plans. 

These exempted condos/ co-ops must still meet the new Federal VGB 

requirements because they are public by federal definition (which DOH is not 

empowered to enforce); and they are covered (not exempt) from the Florida 

Building Code section 424.1. 

(9) Question: 

Can we require pools that were permitted prior to the fencing requirements in the 

May, 2004 code to install a fence now?   

 Answer:  No, They were properly permitted under an older code and 

unless a future code change specifically requires that old pools add fences, then 

we can not require them to do so.  If your county or city has an ordinance 

requiring a fence before the state rule did in 2004, you should alert the code 

compliance section when you observe a problem. 

(10) Question: 

What if an old pool was constructed with a fence and now they wish to remove 

the fence, or it is in disrepair.  Can we require they keep it and keep it in good 

repair? 

 Answer:  Yes.  The fence was part of the original permitted pool (an 

appurtenance) and can not be removed and must be kept in good repair. 

(11) Question: 

Did the fresh water bathing area section of the rule change? 

 Answer:  Yes, significantly, especially the bacteria criteria standards for 

single samples and geometric means, and your new right to close the facility 

immediately for certain high hazards.  However, we made an error in the bathing 

load, such that the plan approval section criteria is correct, and the operations 

criteria is not, so it may be ignored.  Please read through this section and call 

your regional pool engineer at Bureau of Water Programs with questions. 

(12) Question: 

There is a newer Fecal Accident Response Protocol on the CDC’s Healthy 

Swimming webpage than we have listed in the new rule, which do we use? 

 Answer:  This newer November’08 version has a criteria for isocyanurate 

stabilizer extrapolated from their lab study and the science is not fully resolved 

yet, so we will use the February 15, 2008 version provided by CDC in their 

MMWR and that is currently posted on our web page. 

(13) Question: 

Where can I find a copy of the rule, more info, the forms, guidance on the federal 

Act, rule references, and the fecal accident protocol? 

 Answer:  See the DOH pool internet webpage:  

http://www.doh.state.fl.us/Environment/water/swim/index.html 

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A video sponsored by Kimes Engineering for a recent FSPA Event at Turtle Beach on Siesta Key (Florida Swimming Pool Association)

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Kimes Engineering and Management Services, Inc.

We will work with you to complete an exciting product on schedule. Each one of our principals is devoted to delivering quality professional engineering and design services, while maintaining high standards of customer care. We fully understand the permitting process and use our expertise to assure the progress of a project. By exploring the regulatory, environmental, and engineering factors, we focus on the best design approach to meet client needs with any detailed design.

In our ever changing and complex business environment, we work hard to serve our clients with advanced technical and professional engineering skills. We are committed to bringing every project, large or small, to fruition.

http://www.kimesengineering.com/