Pools and Spas
Environmental Health Services
Public swimming pools, spas, interactive water features, wading pools, and special purpose pools are permitted annually and inspected to reduce the transmission of waterborne illness and injuries to patrons. Routine inspections are conducted to ensure compliance with state standards. Bathing places are monitored for water quality.
A public swimming pool or public pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving: camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses.
Any person wanting to operate any of the above facilities, you must comply in accordance with Chapter 64E-9, Florida Administrative Code (F.A.C.), Chapter 514 Florida Statues (F.S) and Section 454 Florida Building Code (FBC). You will be required to receive plan approval by Florida Department of Health and your local jurisdictional building department. You will need to submit the appropriate applications and applicable fees to the Florida Department of Health in Brevard County Environmental Health Services and be granted a license prior to operation. The permit year runs from July 1 to June 30. Licenses must be renewed annually; failure to renew on time will result in the assessment of a $35.00 late fee. Please contact our office for further details.
Epsom Salt Float Tanks
A floatation tank offered for public use at any location is a public pool under this definition. This device is therefore under the jurisdiction of and regulated by the DOH. The detailed criteria for equipment, design, water quality, and operation is established in the state’s public pool rules, Chapter 64E-9, Florida Administrative Code, and the Florida Building Code Section 454.1. For more information visit https://www.floridahealth.gov/environmental-health/swimming-pools/index.html.
Governor Scott signed HB1263 on April 27, 2012 which eliminated the Department of Health's ability to review and approve new construction plans and modifications for public pools and spas. These changes are reflected in Chapter 514, Florida Statutes (F.S.) and mandates that Florida's County and City building departments are now responsible for these approvals.
The U.S. Consumer Product and Safety Commission's website http://www.poolsafely.gov provides important information about the Federal Virginia Graeme Baker Act - a 2009 federal law passed to prevent pool entrapments and drowning. Below are informational videos available on their site for your viewing:
"Got it Covered" provides safety information for Lifeguards about entrapment and drowning prevention. You can view the video at https://www.youtube.com/watch?v=GQw0Yyy40Tc or order a hard copy by e-mailing firstname.lastname@example.org. This terrific new video was created by the Association of Pool and Spa Professionals in cooperation with CPSC.
"Guidance to Compliance" is CPSC's 8-chapter training video for the proper inspection of pools and spas for compliance with the Virginia Graeme Baker Pool & Spa Safety Act. This is available to order at http://www.poolsafely.gov/educational-materials-catalog/?sresult=524.
For more information regarding 2011 Legislative Changes Requiring Pool Safety Features, Virginia Graeme Baker Federal Pool and Spa Safety Act, and to download applications please visit https://www.floridahealth.gov/environmental-health/swimming-pools/index.html.
The U.S. Department of Justice which is in charge of the ADA law again has extended the pool lift installation and other accessibility requirements for retrofitting existing pools, spa pools and wading pools until January 31, 2013. Note that the building departments are responsible under the Florida Building Code Accessibility Chapter, DOH is not directly responsible for this Act, but will assist with questions. This eight month delay applies to existing pools only; the new pools built after March 15, 2012 must be built in compliance with the ADA law. You may also visit http://www.ada.gov for more information. Portable lift requirements and approvals will also be located on this site.
For questions regarding the Americans with Disabilities Act (ADA) regarding the specific requirements for swimming pools, please contact your local building department. You may also find further information regarding these requirements at the following links: http://www.ada.gov/qa_existingpools_titleIII.htm and http://www.ada.gov/pools_2010.htm.
For more information on public swimming pools in the State of Florida, please visit https://www.floridahealth.gov/environmental-health/swimming-pools/index.html.
For Pool Owners and Operators: The Florida Department of Health (Department) revised Rule 64E-9.004, of the Florida Administrative Code, effective June 11, 2023. Among other changes, the Department revised the provisions related to the level of disinfectants permitted by the rule and the test kits approved for use. We are providing this notification to you as a courtesy, as these changes may affect the current operation of your pool(s) and/or spa(s). Click here for the full letter regarding Rule 64E-9.004.
- Chapter 64E-9 F.A.C.
- Chapter 514, F.S.
- DH4080 - Application for Variance from Chapter 64E-9 Swimming Pools and Bathing Places F.A.C.
- DH4157 - Pool Owner/Operator Verification of Entrapment Safety Features
- DH4159 - State of Florida Department of Health Application for a Swimming Pool Operating Permit
- DH4159 - Application Completion Instructions
- DOH-Brevard Permit Application Sequence for Resurfacings, Modification and New Construction
- DOH Notice of Resurfacing of Public Swimming Pool Form
- DOH Public Pool HB1263 Implementation Plan
- Excerpt of HB849
- Fecal Incident Response Recommendations for Aquatic Staff
- Hyperchlorination to Kill Cryptosporidium When Chlorine Stabilizer is in Water
- Recreational Water Illness and Injury Prevention Links and Resources
- Resurfacing Notification Guidance for Existing Public Pools
- Safety Checklist for Existing Field Fabricated Suction Limiting Vent System (SLVS)
- Safety Checklist for Manufactured Safety Vacuum Release System (SVRS)
- Section 454 FBC
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