DEC REQUEST DS 2015-080 STAFF ANALYSIS

ISSUE: DS 2015-080. Petitioner “Brian Kelly” seeks a Declaratory Statement concerning Sections 104.10, 105.1, 105.1.4, 105.2.2, 454.1 and 454.1.10.1 of the Florida Building Code, Building – 5^th Edition (2014)

Questions:

Is a permit required to resurface a public swimming pool or spa?

Background:

Situation:

Jennifer Hatfield, representing Shamrock Pool Services, Inc. seeks clarification on whether or not a permit is required when resurfacing a commercial pool or spa so to ensure that when performing such work they are doing so in compliance with the intent of the new Code that went into effect June 30, 2015. Services include resurfacing both commercial and residential swimming pools and spas. Shamrock Pool Service, Inc., is in the process of finalizing a project that will include resurfacing a commercial swimming pool (otherwise known as a public pool and also referred to as such within this document). The resurfacing project will involve draining the pool and then preparing the old finish to receive the new finish. This preparation will include scoring the old finish; undercutting existing tiles, return lines and light fixtures; removing all hollow spots in the old finish and then acid washing the old finish to roughen the previous surface and to remove scale and bacteria to insure proper adhesion. Then a multi--‐coat scratch coat will be installed for superior bonding.

The pool will then have non-skid mud cap tiles on the entrance steps of the pool and "no diving and depth markers" tiles installed, both per Florida Department of Health (FDOH) standards. The pool will then be refinished, which includes another acid wash to expose aggregate. The pool will then be refilled and the coping will be bleached. Any of the following items that require attention will then be replaced: gutter grates, return fittings, ladder bumpers, Virginia Graeme Baker approved main drain covers and light bulbs. The pool will then be returned to normal operation, including proper balancing of water.

It is also important to point out that the FDOH is currently alerted prior to commencement of this work; as well as once it is completed, and normal operation guidelines must be followed per FDOH guidelines.

CHAPTER 1

Section 105 PERMITS

105.1 Required

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

105.2.2 Minor repairs.

Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation

of the provisions of this code. Permits shall not be required for the following:

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

8. The installation, replacement, removal or metering of any load management control device.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

CHAPTER 4

SECTION 454

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

“Modification” means any act which changes or alters the original characteristics of the pool as approved. For example, changes in the recirculation systems, decking, treatment systems, disinfection system and pool shape are modifications.

454.1.10.1 Modifications.

Modifications include non-equivalent changes or additions to the recirculation system, treatment equipment, physical structure or appurtenances. Replacement of the pool or spa shell is considered to be construction of a new facility and shall be processed as such. The installation of new decking is not considered a modification if it is installed in conformance with Section 454.1.3.1, and deck markings are upgraded in accordance with Section 454.1.2.3. Resurfacing the pool interior to original nontoxic, slip-resistant and smooth specifications or equivalent replacement of equipment are not considered modifications.

454.1.10.2 The painting of pools shall not be considered a modification provided the following conditions are met:

1. Only paints designated by the manufacturer as pool paints are used.

2. All step stripes, slope break markers and safety line, and depth and NO DIVING markings shall be provided to comply with the applicable provision (s) this section.

454.1.10.3 The installation of copper or copper/silver ionization units and ozone generators capable of producing less than a pool water ozone contact concentration of 0.1 milligrams per liter (mg/L) shall not be considered a pool modification provided compliance when the following is met:

1. The ionization or ozone generator unit complies with paragraph 64E-9.007(16)(e), Florida

Administrative Code.

2. The manufacturer provides one set of signed and sealed engineering drawings indicating the following:

a. The unit does not interfere with the design flow rate.

b. The unit and the typical installation meet the requirements of the National Electrical Code.

c. A copper test kit and information regarding the maximum allowed copper and silver level

and the minimum required chlorine level shall be available to the pool owner.

d. The unit shall meet the requirements

Analysis

Question: Is a permit required to resurface a public swimming pool or spa?

Answer/Recommended Answer by the Petitioner: Yes, resurfacing a public swimming pool required a permit, per Section 105.1 of the 5^th Edition (2014) Florida Building Code, Building.