(1) The department may adopt and enforce rules to protect the health, safety, or welfare of persons by setting sanitation and safety standards for public swimming pools and public bathing places. The department shall review and revise such rules as necessary, but not less than biennially. Sanitation and safety standards shall be limited to matters relating to source of water supply; microbiological, chemical, and physical quality of water in the pool or bathing area; method of water purification, treatment, and disinfection; lifesaving apparatus; and measures to ensure safety of bathers.
(2) The department may not establish by rule any regulation governing the design, alteration, modification, or repair of public swimming pools and bathing places which has no impact on sanitation and safety of persons using public swimming pools and bathing places. Further, the department may not adopt by rule any regulation governing the construction, erection, or demolition of public swimming pools and bathing places. It is the intent of the Legislature to preempt those functions to the Florida Building Commission through adoption and maintenance of the Florida Building Code. The department shall provide technical assistance to the commission in updating the construction standards of the Florida Building Code which govern public swimming pools. This subsection does not abrogate the authority of the department to adopt and enforce appropriate sanitary regulations and requirements as authorized in subsection (1).
History.—ss. 2, 14, ch. 85-173; s. 65, ch. 87-225; s. 4, ch. 91-429; s. 49, ch. 2000-141; s. 48, ch. 2000-242; s. 27, ch. 2000-367; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 104, ch. 2012-184.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 514 - Public Swimming and Bathing Facilities
514.0115 - Exemptions From Supervision or Regulation; Variances.
514.021 - Department Authorization.
514.023 - Sampling of Beach Waters; and Public Bathing Places; Health Advisories.
514.0231 - Advisory Committee to Oversee Sampling of Beach Waters.
514.025 - Assignment of Authority to County Health Departments.
514.028 - Advisory Review Board.
514.031 - Permit Necessary to Operate Public Swimming Pool.
514.0315 - Required Safety Features for Public Swimming Pools and Spas.
514.033 - Creation of Fee Schedules Authorized.
514.05 - Denial, Suspension, or Revocation of Permit; Administrative Fines.
514.06 - Injunction to Restrain Violations.
514.071 - Certification of Swimming Instructors and Lifeguards Required.
514.072 - Certification of Swimming Instructors for People Who Have Developmental Disabilities.