Pool Side Facilities – Residential Dwelling Units
Clarification of 2004 FBC – May 30, 2007
Public pools located at certain condominium developments are totally exempt from regulation by the Florida State Health Department, except for water quality standards, pursuant to the provisions of Chapter 514.0115, Florida Statutes (FS) and Section 64E-9.016, Florida Administrative Code (FAC). The purpose of this notice is to remind design professionals and developers that the exemptions mentioned above do not apply to, and in no way affect, the provisions of the Florida Building Code (FBC) with respect to the design and construction of public pools.
For public pools which are regulated by the Florida State Health Department, there is a second exemption provision within 64E-9 FAC, specifically set forth at 64E-9.006(2)(f)(4), which pertains to public pools located in developments with multiple living units. The provisions of 64E-9.006(2)(f)(4) are similar - but not identical - to a focused exemption provision of the FBC set forth at 418.104.22.168. In an effort to achieve parity between the State Health Department regulations and the FBC, the Building Officials Association of Florida (BOAF) has issued two advisory interpretations pertaining to FBC 422.214.171.124, dated January 7, 2005 and March 18, 2007. These interpretations slightly modify the provisions of 4126.96.36.199 to include the words "horizontal" and "unless served by an elevator" as set forth in context below:
FBC 2004 Article 4188.8.131.52 Sanitary facilities.
Separate sanitary facilities shall be provided and labeled for each gender and shall be located within a 200-foot (60 960 mm) radius of the nearest water’s edge of each pool served by the facilities.
Exception: Where a swimming pool serves only a designated group of residential dwelling units and not the general public, poolside sanitary facilities are not required if all living units are within a 200-foot (60 960 mm) horizontal radius of the nearest water’s edge [Ref: 64E-9.006(f)4 Department of Health Rule adopted by the Florida Building Code and BOAF Informal Interpretation], are not over three stories in height unless served by an elevator [Ref: 64E-9.006(f)4 Department of Health Rule adopted by the Florida Building Code and BOAF Informal Interpretation] and are each equipped with private sanitary facilities.