This week, the Florida Department of Health announced that it is suspending the implementation of new rules that would have required all public pools and spas to keep full spectrum NSF 50 Level 1 Certified pool and spa test kits on site.  The Level 1 test kit rule was pushed by the Florida Department of Health during an update of operational requirement for public pools and spas in Florida Administrative Code 64E-9.

The new rule, which had been in effect since July 11, 2023 with full implantation planned for 2024, would have required all chemicals and measurements taken when testing the water quality of pools and spas be done to NSF 50 Level 1 accuracy. This presented several problems. First, there is no currently available test kit that can read all pool chemicals and measurements to an NSF 50 Level 1 accuracy. Second, the test kits that come close to being complaint with the proposed rule cost between $850 - $1300 per test kit. Full implementation of this rule would result in erroneous pool and spa closures and would have cost Florida Public operators over $20 Million to attempt to comply with this rule.

FSPA engaged with top staff in the Governor's Office and the Florida Department of Health to raise the Florida pool and spa industries' issues with this rule change. As a result of FSPA’s efforts, the Department of Health has suspended implementation of the Level 1 test kit requirement and will be re-opening rulemaking to address FSPA’s concerns with the rule and other parts of 64E-9.

Read the full memo from the Department of Health here.

If you have any questions about this issue, please contact Dallas Thiesen, FSPA Sr. Director of Government Affairs, at Dallas@FloridaPoolPro.com.

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