Fla. Admin. Code Ann. R. 64E-9.0035 - Exemptions

(1) A person seeking an initial exemption, or an existing facility claiming an exemption from department regulation pursuant to the provisions of Section 514.0115, F.S., shall submit an application and supportive documentation to the department, as described below.

(a) Applicants for an exemption pursuant to Section 514.0115(2)(a) or (2)(b), F.S., shall submit either a completed form DH 4065, Application for a Swimming Pool Exemption Status - 32 Units or Less, 03/98, or a completed form DH 1704, Application for a Swimming Pool Exemption Status More Than 32 Units, 03/98, both of which are hereby incorporated by reference. Copies of these forms are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06894, and http://www.flrules.org/Gateway/reference.asp?No=Ref-06895.

(b) For purposes of determining exemption status, the term condominium shall be as defined in Chapter 718, F.S., and the term cooperative shall be as defined in Chapter 719, F.S. Applicants shall provide either the recorded declaration of condominium or the recorded cooperative documents and any additional documents which establish the criteria set forth in Section 514.0115(2)(a), or (2)(b), F.S.

(2) Beginning July 1, 2010, exemptions shall be renewed by July 1, every five years. Applicants seeking renewal, who have no changes to the pool or ownership, shall only submit the application form. If swimming pool related or ownership changes have been made, this information shall be submitted along with the application form.

(3) A person who received an exemption shall contact the department if the conditions upon which the exemption was granted change so as to eliminate the exemption status. Under such circumstances, the pool shall comply with the provisions of this chapter and Chapter 514, F.S.

(4) An exemption from department rules does not exempt the pool from other federal, state, and local requirements.

Notes

Fla. Admin. Code Ann. R. 64E-9.0035

Rulemaking Authority 381.006, 514.021 FS. Law Implemented 514.0115, 514.031 FS.

New 5-24-09, Amended by Florida Register Volume 42, Number 130, July 6, 2016 effective 7/20/2016.

New 5-24-09, Amended 7-20-16.