Staff Analysis for Declaratory Statement Request DS2014-032

Issue: DS2014-032. The Petitioner, Ryan Holland, Owner of Evolution Pools & Construction Inc., seeks a Declaratory Statement on Chapter 4, section 424.1, 424.1.3.1.6, and 424.2.17.1 through 424.2.17.3 of the 2010 Florida Building Code, Building.

Petitioner in DS2014-032 seeks clarification of the following questions:

Question 1: Is a Baptismal special use pool considered to be a commercial pool?

Question 2: Does this special use pool require a 48 inch high fence?

Background:

Situation:

Ryan Holland, Owner and Operator of Evolution Pools & Construction Inc.in Florida, is requesting clarification on the use of an ASTM approved safety cover on a special use pool (baptismal pool) in lieu of using a 48 inch high fence. Mr. Holland has been requested to build a baptismal pool or “special use” pool. This type of pool is only used in a church religious ceremony to baptize their members and not used for bathing or open to the public.

Mr. Holland has a question about the requirements of Chapter 4 of the Florida Building Code. The Code requires an “Effective barrier” be in accordance with 424.1, which requires a 48-inch minimum height fence or a safety cover that complies with ASTM F1346-91. However, there is nothing in section 424.1 that specifies the requirements for a baptismal pool. Mr. Holland did ask the State Health Department if they consider this type special use pool to be covered under 424.1 Public Swimming Pools and Bathing Places. Their answer is that they do not consider these pools to be covered by 64E-9 or the Florida Building Code, Building Section 424.1 Public Swimming.

DOH – Interoffice Memorandum of March 30, 1999 (see attached)

“Public swimming pools and public pools are defined in chapter 514, F.S, ….Baptismal pools are not used for bathing or swimming and, therefore, are not to be regulated under Chapter 514, F.S. This does not mean that swimming pools at churches used for both swimming and baptismal practices are exempt from regulation. Only structures that are used strictly for baptismal or similar functions are exempt”.

The 2013 Florida Statutes

514.011 Definitions.—As used in this chapter:

(2) “Public swimming pool” or “public pool” means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. 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.

(3) “Private pool” means a facility used only by an individual, family, or living unit members and their guests which does not serve any type of cooperative housing or joint tenancy of five or more living units.

Relevant Code Sections

SECTION 424 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRIVATE)

424.1 Public swimming pools and bathing places

Public swimming pools and bathing places shall comply with the design and construction standards of this section.

424.1.1 Flood hazard areas.

Public swimming pools installed in flood hazard areas established in Section 1612.3 shall comply with Section 1612.

NOTE: Other administrative and programmatic provisions may apply. See Department of Health (DOH) Rule 64E-9, Florida Administrative Code and Chapter 514, Florida Statutes.

“Bathing load” means the maximum number of persons allowed in the pool or bathing place at one time.

“Department” means Department of Health.

“Effective barrier” A barrier which consists of a building, or equivalent structure, plus a 48-inch (1219 mm) minimum height fence on the remaining sides or a continuous 48-inch (1219 mm) minimum height fence. All access through the barrier must have one or more of the following safety features: alarm, key lock or self-locking doors and gates. Safety covers that comply with the American Society for Test Materials standard F1346-91 (2003) may also be considered as an effective barrier.

A “public swimming pool” or “public pool” means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. 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. The term does not include a swimming pool located on the grounds of a private residence.

“Special purpose pool” means a public pool used exclusively for a specific, supervised purpose, including springboard or platform diving training, SCUBA diving instruction, and aquatic programs for persons with disabilities, preschool or kindergarten children.

424.2 Private swimming pools.

424.2.2 Definitions.

SWIMMING POOL, PRIVATE. Any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches (610 mm) deep including but not limited to inground, aboveground, and onground swimming pools, hot tubs, and nonportable spas.

Staff Analysis: Based on the above facts and circumstances, staff provides the following answers to proponent’s questions:

Question #1:

To the question #1: Is a baptismal special use pool considered to be a commercial pool? If

Answer: No. The project in question “baptismal pool – not for use for bathing or swimming” falls outside the scope of the definition for “Public Swimming Pools” as defined in Section 424.1 of the 2010 Florida Building Code (FBC), Building and therefore it is not subject to the provisions of Section 424, Swimming Pools and Bathing Places (Public and Private) of the FBC, Building.

Question #2:

To the question #2: Does this special use pool require a 48-inch high fence?

If the answer to question 1 is that this is not a commercial pool then this would have to be classified as a residential pool. The code is very clear that an approved ASTM F 1346 cover can be used on a residential pool to comply with 42.2.17 through 424.17.3.

Answer: No. The project in question “baptismal pool – not for use for bathing or swimming” falls outside the scope of the definition for “Private Swimming Pool/Residential” as defined in Section 424.2.2 of the 2010 Florida Building Code (FBC), Building and therefore it is not subject to the provisions of Section 424.2, Private Swimming Pools, of the FBC, Building.