Florida Pool Pro
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• April 2015
21
COMMERCIAL CONNECTION
Should some be exempt?
By Gary Kaplan, Ike’s Carter Pools. /
For nearly three decades I have been in the pool business in south Florida
and have seen many mom-and-pop hotels and motels disappear to be replaced
by 200-plus unit condos. But some smaller complexes remain and have
swimming pools.
Fortunately for all, with the help of many involved, the Department of Health
(DOH) and the Building Departments found some common ground as the
battle of responsibilities dragged on. As of October 1, 2014, via changes to
Florida Statutes 514 and 553, a new or modified swimming pool must obtain an
operating permit prior to any Building Department approval and issuance of a
building permit. This logical, common sense ruling allows us, the commercial
pool contractor, an opportunity to build a pool that will be able to operate as
such when it is completed.
Under F.S. Chapter 514 the DOH has been in charge of routine checks on
water quality and safety at all public swimming pools by adopting sanitation
and safety standards in 64E-9, F.A.C. However the question that troubles me
and is often asked is, “Should some be exempt?”
Per the criteria in 64E-9.0035, F.A.C., any public pool that is a condominium
privately owned with 32 units or less can be eligible for exemption. An
application to the DOH must be renewed bi-annually, by July 1 of each even
numbered year! This, however, does not negate the pool from other federal,
state and local requirements.
The question remains, “Does this make sense?” As I researched I was
unable to provide a true number of how many of these pools are out there, or
how many are even aware that the pool is exempt?
As we all struggle with daily business we should take into consideration
some basic fundamentals of the requirements on public pools as a necessity
regardless of exempt status for sanitation and safety. Each company has to
