NOTICE IS HEREBY GIVEN that on December 16, 2009, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on September 17, 2009, by Scott Wallace, P.E., representing South Florida Council BSA, regarding placement of treatment membranes and a UV disinfection unit inside the building. Petitioner sought a variance from subsection 64E-6.005(2), Florida Administrative Code, which requires that systems shall not be located under buildings or within 5 feet of building foundations. Notice of the petition was published in the October 2, 2009, edition of the Florida Administrative Weekly.
The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department GRANTED Petitioner’s request for a variance.
A copy of the Order may be obtained by contacting: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin #A02, Tallahassee, Florida 32399-1703.