Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Environmental Health
RULE NO: RULE TITLE
64E-15.002: Sites - Mobile Home, Lodging, and Recreational Vehicle Parks
64E-15.003: Water Supply
64E-15.004: Sewage Disposal
64E-15.006: Plumbing
64E-15.007: Garbage and Refuse Disposal
64E-15.009: Recreational Camp Standards
64E-15.010: Permits and Fees
PURPOSE AND EFFECT: Develop rules to clarify language; bring incorporated references current; incorporate necessary modifications to avert waterborne pathogen transmission; and remove certain language to eliminate the need for variances being filed by the regulated community and incorporate a form by reference. The effect will be to provide a greater usability for the regulated community and the department.
SUMMARY: The proposed rule incorporates changes suggested by the Office of General Counsel. The proposals address rules and/or rule titles, codes and referenced standards; forms, waterborne pathogen transmission; setbacks in RV parks; and a grammatical error.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. There are currently over 5500 parks and camps in Florida. This rule change has a potential impact on anyone seeking to construct or modify an RV Park or install a non-potable water system in a park or camp. The department anticipates a positive impact for industry for the construction of new or modified RV parks; no impact for changes to referenced codes, rules or referenced standards; and a negative impact on those existing parks that have potable and non-potable water pipes co-located in parks or camps. The department does not believe there to be more that 12 parks or camps where potable and non-potable water supplies are co-located. No effect on revenues or expenditures is anticipated for any governmental entity other than the Department of Health. The estimated costs to the department for this proposed rule change are $3000.00. No new filing fees, licenses or licensing fees are required. Approximately 12 parks are anticipated to be adversely affected; new RV parks will be positively affected; and other existing parks will experience a no effect. The estimated cost for compliance, where potable and non-potable water spigots co-located, is between $1.00 and $10.00 per space. There is no anticipated impact on small counties or small cities. The affected parks are not mandated how to correct the co-location of potable and non-potable water but are allowed to formulate their own options to meet the requirements. There have been no written proposals submitted under paragraph 120.541(1)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 381.006, 513.05 FS.
LAW IMPLEMENTED: 381.006(1), (4), (6), (7), (14), 381.0072, 386.041, 403.862(1)(f), 513.012, 513.03, 513.05, 513.08, 553.73 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Laura Wehunt, Bureau of Community Environmental Health Programs, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1710. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David B. Wolfe, HSEC, 4052 Bald Cypress Way, Bin #A08, Tallahassee, FL 32399-1710

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-15.002 Sites – Mobile Home, Lodging, and Recreational Vehicle Parks.

(1) through (2) No change.

(3) Recreational Vehicle Parks. The minimum size and location of each recreational vehicle space constructed or developed after the effective date of this rule shall be as follows:

(a) Each recreational vehicle space shall contain a minimum of 1200 square feet.

(b) The density shall not exceed 25 recreational vehicle units per acre of gross site.

(c) Each tent space shall contain a minimum of 500 square feet.

(d) All recreational vehicle units or accessory buildings shall be parked or located 25 feet from any public street or highway right-of-way.

(d)(e) Each recreational vehicle space shall be clearly identified.

Rulemaking Specific Authority 381.006, 381.011(13), 513.05 FS. Law Implemented 513.012, 513.05 FS. History–New 5-20-96, Formerly 10D-26.110, Amended__________.

 

64E-15.003 Water Supply.

(1) The water supply for each Mobile Home Park, Lodging Park, Recreational Vehicle Park, or Recreational Camp, shall comply with the provisions of Chapter 64E-8, F.A.C., Drinking Water Systems; or Chapter 62-550, F.A.C., Drinking Water Standards, Monitoring and Reporting Permitting and Construction of Public Water Systems, 40 CFR 141, Subpart I – Control of Lead and Copper, Edition of July, 2000, which is incorporated herein by reference and available free on the internet at http://ecfr.gpoaccess.gov, 40 CFR 141 Subpart L – Disinfection and Residuals, Disinfection Byproducts and Disinfection Byproduct Precursers, Edition of July 1, 2003, which is incorporated herein by reference and available free on the internet at http://ecfr.gpoaccess.gov, 40 CFR 141 Subpart O – Consumer Confidence Reports, Edition of July 1, 2004, which is incorporated herein by reference and available free on the internet at http://ecfr.gpoaccess.gov, Chapter 62-551, F.A.C., Control of Lead and Copper, Chapter 62-555, F.A.C., Permitting, Construction, Operation, and Maintenance of Public Water Systems Drinking Water Standards, Monitoring and Reporting, and Chapter 62-560, F.A.C., Requirements for Public Water Systems That Are Out of Compliance. The system for each park shall be designed for the maximum water demand.

(2) No change.

(3) Every building in a recreational vehicle park which provides personal hygiene or cooking facilities shall be connected to an approved, potable water supply which meets the minimum requirements of subsection (1) above. Recreational vehicle parks shall also comply with the following additional requirements:

(a) In recreational vehicle parks, where each space is served by a water supply service connection, the connection shall be protected against the hazards of backflow and back-siphonage.

(b) All recreational vehicle parks shall provide at least one easily accessible, backflow and back-siphonage protected potable water supply station with a water supply outlet for filling vehicle storage tanks. Recreational vehicle parks constructed after the effective date of this rule shall provide a potable water supply station for each 100 spaces, or fraction thereof, that do not have water hookups at the site. Recreational vehicle parks constructed after the effective date of this rule shall provide a potable water supply station for each 250 spaces, or fraction thereof, when more than 50 percent of the spaces have water and sewer hookups.

(c) Non-potable water accessibility shall not be co-located with potable water access points (hydrants, taps, or hose bibbs). Non-potable water access shall be designated and secured to prevent use as a potable water supply. Residents and guests shall be informed how to identify any non-potable water accessibility points within a park or camp.

Rulemaking Specific Authority 381.006, 381.011(13), 513.05 FS. Law Implemented 381.006(1), 386.041, 403.862(1)(f), 513.012, 513.12, 513.05 FS. History–New 5-20-96, Formerly 10D-26.120, Amended________.

 

64E-15.004 Sewage Disposal.

(1) A safe method of sewage collection, disposal, or treatment and disposal shall be provided at each park or camp and shall be in compliance with either Chapter 64E-6, Standards for Individual Onsite Sewage Treatment and Disposal Systems, or Chapter 62-600, F.A.C., Domestic Wastewater Facilities Treatment Requirements. Transportable wastewater containers and cassette-type toilets may be used under the following conditions:

(2) through (7) No change.

Rulemaking Specific Authority 381.006, 381.011, 513.05 FS. Law Implemented 381.006(7), (14), 381.0065, 386.041, 513.05, 513.08, FS. History–New 5-20-96, Formerly 10D-26.130, Amended 1-6-03,________.

 

64E-15.006 Plumbing.

Plumbing shall be in compliance with the applicable plumbing requirements of the 2007 edition of the Florida Building Code, herein incorporated by reference and available free on the internet at http://www2.iccsafe.org/states/florida_codes/ provisions of the State Building Code, as adopted in Rule 9B-3.047, F.A.C.

Rulemaking Specific Authority 381.006, 381.011, 513.05 FS. Law Implemented 381.006(6), (14), 386.041, 513.05, 513.08, 553.73 FS. History–New 5-20-96, Formerly 10D-26.150, Amended_________.

 

64E-15.007 Garbage and Refuse Disposal.

(1) through (2) No change.

(3) All garbage shall be collected twice weekly or in accordance with the frequency of the collection jurisdiction and transported in covered vehicles or covered containers. Burning of refuse in the park or camp is prohibited, except in incinerators for which the design and location has been approved by the Department of Environmental Protection. Refuse shall be transported and disposed of in accordance with provisions of Chapter 62-701, F.A.C., Solid Waste Management Facilities.

Rulemaking Specific Authority 381.006, 381.011, 513.05 FS. Law Implemented 381.006(4), (14), 386.041, 513.05 513.012 FS. History– New 5-20-96, Formerly 10D-26.160, Amended_________.

 

64E-15.009 Recreational Camp Standards.

(1) through (3) No change.

(4) Electric Wiring-Recreational Camps. Electric wiring shall be installed in accordance with the electrical requirements provisions of the 2008 version local electrical ordinance or if no such ordinance exists, in accordance with the provisions of the latest edition of the National Electrical Code which is incorporated herein by reference and available online from the National Fire Protection Association at www.NFPA.org.

(5) through (8) No change.

Rulemaking Specific Authority 381.006, 381.0011, 513.05 FS. Law Implemented 381.006(6), (14), 381.0072, 513.05 FS. History–New 5-20-96, Formerly 10D-26.180, Amended ________.

 

64E-15.010 Permits and Fees.

(1) through (3) No change.

(4) Enforcement. Supplemental to other enforcement remedies, citations for violation of applicable rules shall be issued on DH Form 3159, Citation for Violation, Mobile Home, Recreational Vehicle, and Lodging Park and Recreational Camps Program, which is incorporated herein by reference and furnished by the department through the county health departments.

(5) Inspections. DH Form 4039, 10/09, Mobile Home, Lodging, Recreational Vehicle Park, Recreational Camp and Migrant Park Inspection Report shall be used for inspections of all parks or camps and is herein incorporated by reference and may be obtained from the department at any of the 67 local county health departments in the state.

Rulemaking Specific Authority 381.0011(13), 381.006, 381.0084, 513.05 FS. Law Implemented 381.006(14), 381.0061, 381.008-.00895, 386.03, 512.065, 513.012, 513.02, 513.03, 513.045, 513.065 513.05 FS. History–New 5-20-96, Formerly 10D-26.190, Amended 6-23-98, 1-6-03,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: David B. Wolfe (850)245-4277
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D., M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 24, 2009