The Florida Swimming Pool Association (FSPA) has achieved a significant victory for the state’s pool and spa industry, securing approximately $20 million in savings.
The Florida Department of Health (DOH) announced at the start of January 2024 that it would suspend the implementation of new rules, mandating public pools and spas to maintain full-spectrum NSF 50 Level 1-certified pool and spa test kits on site (certified by the global organization, NSF International).
The Level 1 test kit rule, initially introduced during an update of operational requirements in Florida Administrative Code 64E-9, faced opposition from FSPA’s government affairs department. Led by Dallas Thiesen, senior director of government affairs, FSPA engaged with top officials in the DOH and governor’s office to address industry concerns.
As a result, the DOH not only halted the implementation of the Level 1 test kit requirement, but it also committed to reopening rulemaking to address the concerns with the rule and other aspects of 64E-9.
The original Level 1 test kit rule, effective since July 11, 2023, and set for full implementation in 2024, would have required precise measurements to NSF 50 Level 1 accuracy, posing challenges for the industry.
This requirement presented several problems for the pool and spa industry, including:
- Lack of currently available test kits capable of reading all pool chemicals and measurements to an NSF 50 Level 1 accuracy.
- Any test kits that would come close to being complaint with the proposed rule have an exorbitant cost of between $850 to $1,300 per test kit.
Full implementation would have led to erroneous pool and spa closures, imposing a financial burden exceeding $20 million on Florida public pool operators.
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