Fla. Admin. Code Ann. R. 64E-9.016 - Variances
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
Chapter 64E-9, F.A.C., 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 walk-in 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
Notes
Rulemaking Authority 381.006, 514.0115, 514.021 FS. Law Implemented 514.0115, 514.021, 514.028, 514.051, 514.06 FS.
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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 Chapter 64E-9, F.A.C., 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 walk-in 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.
Notes
Rulemaking Authority 381.006, 514.0115, 514.021 FS. Law Implemented 514.0115, 514.021, 514.028, 514.051, 514.06 FS.