Playwell Pools Inc.

Commercial | Compliance

Florida public pool permits

A public pool in Florida answers to two offices: the county health department, which issues the operating permit, and the local building department, which issues the building permit. The order matters.

General information, not legal advice Checked against Department of Health and Florida Statutes sources, October 21, 2026.

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Who this applies to

Public swimming pools are regulated under Chapter 514, Florida Statutes, and Chapter 64E-9, Florida Administrative Code. Some association pools are exempt from most of Chapter 514 (s. 514.0115, F.S.):

  • Condominium or cooperative pools serving 32 units or fewer that are not operated as public lodging: exempt except for water quality.
  • Condominium pools serving more than 32 units whose recorded documents prohibit rentals of less than 60 days: still apply, get construction plan approval and an initial operating permit, and are inspected for water quality and lifesaving equipment.
  • HOA and property association pools serving 32 units or parcels or fewer, unless operated as public lodging: exempt except for water quality supervision and the anti-entrapment statute, s. 514.0315.

Pools outside those exemptions follow the sequence below. Confirm your pool's status with the county health department.

New construction and modification, step by step

This sequence follows the Department of Health's public swimming pool permit process guidance, which says it applies to new construction, alterations, repairs and equipment replacement.

  1. Operating permit application to the health departmentThe applicant submits form DH4159 with the plans and specifications to the county health department. Florida law puts this before the building permit application (s. 514.03, F.S.). The form names the owner, the building department, and the engineer or design architect who stamped the plans.
  2. Health department plan reviewThe department reviews the application and plans. Its process guide says comments or requests for more information should be issued within 30 days, citing s. 514.031(1)(b), F.S., and go to both the applicant and the building department.
  3. Building permitThe contractor applies to the local building department and includes the health department receipt letter. The building department reviews the plans and issues the permit once they are code compliant.
  4. Construction and inspectionsWork proceeds with the progress inspections the building department requires. The guide recommends a joint final inspection with the health department.
  5. Request the health department final inspectionThe applicant, contractor or design professional gives the department a copy of the final building inspection and requests its final inspection in writing.
  6. Operating permit, then completionThe department inspects and issues the operating permit when the pool complies. Only then does the building department issue the certificate of construction completion and close the permit.

Timing notes from the Department of Health

  • Give the county health department engineering office at least five working days ahead of your due dates to review an application.
  • Contact the department at least two weeks before the planned opening.
  • The department publishes plan review checklists for pools, spas, wading and water activity pools, slides and river rides, interactive water features and special purpose pools, written against the Florida Building Code, 8th Edition.

After opening

  • The operating permit is renewed annually and posted in a conspicuous place (s. 514.031, F.S.). Renewals, copies and status checks go through the county health department.
  • After a change of ownership or name, the new owner applies within 30 days, using sections 1 and 2 of form DH4159.

Resurfacing an existing public pool

For a resurface, the department publishes a Notice of Resurfacing of Public Swimming Pool as a voluntary guidance format for health department and building department use. It includes a checklist of the Florida Building Code 454.1.10.1 items to correct while the pool is empty. Some county health departments call it DH4159-R; ask yours which form it requires. If drain covers, sumps or other anti-entrapment parts are replaced, the notice asks for a completed DH 4157 form under s. 514.0315, F.S. More on the resurfacing page.

What changed in Chapter 64E-9

Rules 64E-9.005 (Construction Plan or Modification Plan Approval) and 64E-9.006 (Construction Plan Approval Standards) are listed as repealed, effective 7/20/2016 (rule history). Chapter 64E-9 now covers operation, including 64E-9.004 Operational Requirements (amended 6/11/2023) and 64E-9.008 Supervision and Safety. Guides that still cite 64E-9.005 or 64E-9.006 for plan approval are out of date.

Related: VGB drain safety, ADA pool access, and prequalification.

Common questions

What is Florida form DH4159?

DH4159 is the Department of Health Application for Swimming Pool Operating Permit (formerly DH918). Its instructions cover new construction, modifications of equipment, deck or pool shell that do not meet the original design, renewals of lapsed permits, and changes of owner or name.

Can the building department issue a permit for a public pool before the health department is involved?

No. Florida law requires the operating permit application to be submitted to the Department of Health before the building permit application (s. 514.03, F.S.). The department's process guide has the contractor include the health department receipt letter with the building permit application.

Can a new public pool open before the operating permit is issued?

No. Section 514.031, F.S., makes it unlawful to operate a public swimming pool without an operating permit. Separately, the permit process guide from the Department of Health has the building department issue the certificate of construction completion only after the operating permit. The department asks to be contacted at least two weeks before the planned opening.

How often is a public pool operating permit renewed?

Annually. Section 514.031(4), F.S., requires each operating permit to be renewed annually and posted in a conspicuous place. After a change of ownership, the new owner applies to the department within 30 days.

Are rules 64E-9.005 and 64E-9.006 still in effect?

No. The Florida Administrative Code lists 64E-9.005 (Construction Plan or Modification Plan Approval) and 64E-9.006 (Construction Plan Approval Standards) as repealed, effective 7/20/2016. Chapter 64E-9 now covers operation, including 64E-9.004 Operational Requirements, last amended 6/11/2023. The department's plan review checklists are written against the Florida Building Code, 8th Edition.

Is an HOA or condo pool a public pool for permit purposes?

It depends on size and use. Section 514.0115, F.S., exempts condo and co-op pools serving 32 units or fewer that are not public lodging, except for water quality, and HOA pools serving 32 units or parcels or fewer, except for water quality and drain anti-entrapment. Condo pools serving more than 32 units with a 60-day minimum rental rule still apply, get plan approval and an initial operating permit. Confirm your status with the county health department.

Sources

General information, not legal advice. Primary sources checked October 21, 2026. Rules change; confirm current requirements with the agency or your attorney before relying on them.

Building or renovating a public pool?

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