At Last! Florida Department of Health and newly passed Florida State Legislature Bills Give Control Back to Pool Owners!

 

• What is this new letter from the Florida Department of Health?
• What does this letter mean for Commercial Pool Owners and Operators?
• There is some verification form that must be sent back in…what is this? Do I fill this out now?
• My spa was closed for non-compliance..can it be re-opened?

 

In Brief:

You may have recently received a letter from the Florida Department of Health concerning anti-entrapment drain covers and a system that protects against entrapment. This letter is intended to notify Commercial Pool Owners and Operators about a recent change in Florida statues giving owners new choices for entrapment protection.

Background:

As you recall, the Federal Pool and SPA Safety Act (VGB) was passed in 2008. This law mandated the installation of anti-entrapment drain covers and additional measures if your pool or spa main drain was direct suction. Florida building code, as administered by the Florida Department of Health for public pools, mandated gravity drainage (collector tank) as the ONLY available solution for direct suction pools and spas.

 

What’s changed?

Of all the recent Florida State Legislature Bills, HB-849 radically changed the rules. Sort of a, “out with the old, in with the new”. The new law completely SUPERSEDES Florida Administrative Code 64E-9 for any pool, spa or wading pool built before 1993 (with respect to pool entrapment protection). Per the new law, now the OWNER decides which of five available options are most appropriate for their facility. This is huge. Effective July 1, 2011 the Department of Health can no longer mandate a collector tank as your only option! This law change recognizes four other choices for swimming pool safety equipment for pool entrapment hazards. An important note: now the new law more closely mirrors the Federal Pool and Spa Safety Act of 2008. Side note…most other states already allowed these other options.

 

What are the choices now? Effective July 1, 2011, the new water safety code for swimming pools allows:

• Gravity Drainage
• Main Drain Disablement
• Safety Vacuum Release System (SVRS)
• Safety Limiting Vent System (SLVS)
• Automatic Pump Shut-Off System

 

What is the difference? How do you decide?
First, look here at your options (to view option details, please click on the option name)

Option	Relative Cost	Engineer/Permits required?	Time to install	Active/Passive System	Monthly Test Required	Potential Liability?
Gravity Drainage/ Collector tank	$15,00 – $20,000 estimated	YES	2 – 3 weeks (after permits)	PASSIVE…nothing else required	NO	Ask your insurance carrier
Main Drain Disablement	NOT available	YES	2 – 3 weeks (after permits)	PASSIVE…nothing else required	YES	Ask your insurance carrier
Safety Vacuum Release System	$1100.00 – $1400.00	NO	1-2 day	ACTIVE	YES	Ask your insurance carrier
Safety Limiting Vent System	Indeterminate.. must have been part of original construction	NO	n/a	PASSIVE…nothing else required	YES	Ask your insurance carrier
Automatic Pump Shut off System	$1250.00 – $1800.00	NO	1-2 day	ACTIVE	YES	Ask your insurance carrier

Table 1: Entrapment Options

 

Related Questions?

Question: What is all this paperwork with the letter..I see checklist, verification forms, etc?

Answer: In an attempt to be helpful, the Florida Department of Health enclosed ALL the paperwork associated with this new law:

• Installation of Entrapment Verification…can only be filled out once a device is installed
• Safety Checklist for SVRS Systems…to be used/retained AFTER installation of an SVRS
• Safety Checklist for SLVS System… to be used/retained AFTER verification of an SLVS: Note that an SLVS must already exist..as part of the original construction…this checklist is for monthly verification purposes only.
• Copy of excerpt of HB 849 for your reading pleasure

Question: Can I reopen my Spa…it was closed for non-compliance?

Answer: YES…as soon as you comply with any one of the newly available options, the Florida Department of Health will reopen your SPA.

Question: I already have plans and permits for a collector tank…can I still choose another option?

Answer: YES…per the Florida Department of Health…” Those spa pools that have already begun the DOH permitting process or actual construction have the right to change their option as well. Wading pools and spa pools that closed last May 24, 2010 or July 1, 2010, respectively,also have the right to reopen after compliance with the new law. “

Question: Do you have any recommendations?

Answer: Yes…Pool XPerts USA, our engineering department, and the Florida Department of Health Engineers unanimously agree that gravity drainage is absolutely the safest option. We strongly encourage this option and at the same time respect your right to choose. Be careful to consider the cost, the benefits and the potential liability.

 

Here’s what’s next? Remember this letter only applies if your pool or spa is direct suction and you have not yet installed a gravity drainage system.  Be aware that if you have not yet installed an anti entrapment device then your pool/spa/kiddie pool is not in compliance and the Health Dept will close it down when they schedule the next inspection.

1. Carefully review your options. You may decide to have a special board meeting to discuss your new options. Additionally, Pool XPerts USA strongly encourages you to confer with your insurance carrier before making any decision
2. Schedule an appointment with Pool XPerts USA to discuss your decision and begin your compliance process
3. Schedule your Anti-Entrapment Protection Device installation
4. Fill out the Florida Department of Health enclosed verification form (in conjunction with Pool XPerts USA) and submit to your county Department of Health
5. If you chose an SVRS or a SLVS system, arrange for monthly testing and accurate record keeping.

 

Contact us today so we can answer any questions you may have by filling out the form below or calling 954-653-9797 ext 4. Someone will contact you within 24 hours of your web form submission.