64E-12.001: General
64E-12.002: Definitions
64E-12.003: Water Supply
64E-12.004: Food Service
64E-12.005: Housing
64E-12.006: Insect and Rodent Control
64E-12.007: Bedding, Towels, Clothing and Personal Items
64E-12.008: Laundry
64E-12.009: Poisonous or Toxic Substances
64E-12.011: Recreational Areas
PURPOSE AND EFFECT: The purpose of the proposed rule change is to incorporate technical and scientific advancements that promote the protection of the public from a safety, health, and sanitation perspective. The effect of these changes will be to update the department’s rules to more accurately reflect today’s safety and health standards based on the Food and Drug Administration, Centers for Disease Control and Prevention, other safety related data resource guidelines and make the rules more easily understandable for the regulated community and regulatory officials. Additionally, the purpose of the proposed change is to clarify identified standards in the existing rule as requested by the regulated community and regulatory officials. Effects of these changes will provide added clarity to existing rule language.
SUBJECT AREA TO BE ADDRESSED: The changes will define terms used in statute and rule that have been identified as confusing or ambiguous, as well as incorporate current safety, health and general sanitation requirements that better safeguard the public against illnesses, injury and disease.
SPECIFIC AUTHORITY: 381.006 FS.
LAW IMPLEMENTED: 381.006(6), (16) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robin Eychaner, Environmental Specialist III, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin A08, Tallahassee, FL 32399-1710, (850)245-4277
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64E-12.001 General.
(1) This rule chapter prescribes sanitary practices relating to construction, operation and maintenance of cCommunity bBased rResidential facilities. If a requirement there is any written or implied language in this rule chapter that may conflicts with a specific requirement in any other Florida state licensing agency’s rule, then that agency’s standards shall prevail and will be addressed by that agency’s officials written to regulate a specific type community based residential facility, the rule written for that specific type establishment will be followed.
(2) Base camps of wilderness programs shall be exempt from subsections (6) and (7) of Rule 64E-12.005, F.A.C., of this chapter, and the mobile components of wilderness programs shall be exempt from all sections of this rule.
(3) Personal services may be provided to the residents through coordinated outsourcing by the community based residential facility or by a contract provider.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16), 386 FS. History–New 6-18-87, Formerly 10D-23.001, Amended________.
64E-12.002 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meaning indicated:
(1) Approved – means acceptable by law.
(2) Community Based Residential Facilities – means group care facilities as established under Section 381.006(16), F.S., used as a primary domicile by the resident and located in any building or buildings, section of a building, or distinct part of a building or other place, whether operated for profit or not, which undertakes, through its ownership or management, to provide for a period exceeding 24 hours, housing, food service, and one or more personal services for persons not related to the owner or administrator by blood or marriage, who require such services. This term does not include family foster homes as defined in paragraph 409.175(2)(e), F.S., or foster care facilities as defined in paragraph 393.063(15), F.S., of the Florida Statutes, and correctional facilities, such as detention centers, jails or prisons.
(3) Department – means the Florida Department of Health and county health departments.
(4) Food Preparation – means the manipulation of foods intended for human consumption by such means as washing, slicing, peeling, chipping, shucking, scooping, and or portioning. The term also includes those activities involving temperature changes, combining ingredients, opening ready-to-eat food packages, or any other activity causing physical or chemical alterations in the food.
(5) Hot Water – means water heated to a minimum temperature of 100 degrees Fahrenheit (OF).
(6) Law – means applicable statutes, rules, codes, or ordinances adopted by local, state, and federal agencies that have regulatory oversight or inspection authority.
(7) Minor – means any person under the age of 18 years old.
(8) Open Water Hazard – means any body of water such as canals, creeks, holding ponds, rivers, lakes, or swamps which are unrestricted by a barrier at least 4 feet in height, on or abutting the property of a community based residential facility. This term does not include pools or spas and small ornamental fish ponds, or above ground fountains which are less than 24 inches deep and have less than 200 square feet of surface area.
(9) Personal Services – means providing supervision, custodial care, or assisting a resident with the tasks or functions in their daily living activities, such as bathing, dressing, laundry, eating, ambulation, grooming, toileting, or monitoring medications.
(10) Potentially Hazardous Food – means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting:
(a) Rapid and progressive growth of infectious or toxigenic microorganisms; or
(b) The slower growth of Clostridium botulinum. The term “potentially hazardous food” does not include foods which have a pH level of 4.6 or below, or a water activity (Aw) value of 0.85 or less, or air-cooled hard-boiled eggs with the shell intact.
(11) Renovation – means any structural or equipment changes in the food storage, service, preparation, or dining area. This does not include replacing existing equipment with like equipment. Substantial renovation includes structural changes to an existing establishment which costs in excess of 33 percent of the assessed value of the facility as determined by the county property appraiser.
(12) Resident – means a person living residing in and receiving personal services care from a community based residential facility, or personal services through coordinated outsourcing, typically due to a specific emotional, social, or health related condition.
(13) Vector – means an organism that transmits a pathogen. This term includes, but is not limited to insects, rodents and bats.
(14) Wading Pool – means a temporary and portable pool that holds water, is less than 24 inches in depth, and without motors. It may also be known as a kiddy pool.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Amended 8-7-96, Formerly 10D-23.002, Amended________.
64E-12.003 Water Supply.
(1) Water supplies shall be adequate to serve the demands of the facility and shall be constructed, operated and maintained in accordance with requirements of Chapters 62-550 and 62-555 or Chapter 64E-8, Florida Administrative Code (F.A.C.).
(a) Routine Testing. Facilities served by a private well drinking water supply not regulated by Chapter 64E-8 or 62-550, F.A.C., shall test the water and submit bacteriological water test results to the local county health department (CHD):
1. Before opening the facility,
2. At least every 12 months,
3. Upon relocation,
4. Before having the well placed in service after construction, repair, or modification or,
5. After an emergency situation, such as a flood, that may introduce contaminants to the system.
(b) Test results must be negative for bacteriological contamination.
(c) Positive test results require the facility to temporarily provide potable water from a source approved by law for the purpose of drinking, cooking, and oral contact until test results are negative. In addition, a well that tests positive shall be disinfected, flushed, and tested for bacterial contamination.
(d) Laboratory test results must be submitted on forms provided by the testing laboratory.
(e) Testing can be obtained through the local county health department or a certified independent laboratory.
(2) Drinking water shall be accessible to all residents. When drinking fountains are available, they shall be designed in compliance with the plumbing provisions of the State Plumbing Code, Chapter 553.06, Florida Statutes (F.S.). When no approved drinking fountains are available, residents shall be provided with single service cups or clean drinking utensils which shall be stored and dispensed in a manner to prevent contamination. Common drinking cups are prohibited.
(3) No change.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Amended 8-7-96, Formerly 10D-23.003, Amended_______.
64E-12.004 Food Service: Tiers and Catering.
There are shall be three tiers levels of food service, each with different minimal requirements in community based residential facilities based on facility type or the number of residents in care. Only one tier of service as listed in sections one to three (1-3) below will be applied to any facility. Facilities receiving or providing catered food must meet applicable standards as described in subsection (4) below.
(1) Tier I. Facilities meeting the definition of “adult family-care home” regardless of the number of residents as defined in Section 400.618, F.S., and other community based residential facilities with a maximum capacity to house up to 5 residents, shall comply with the following requirements: If food service is provided in the facility for 10 or fewer residents in care, the facility shall comply with the following requirements:
(a) Food used in the facility shall be clean, wholesome, free from spoilage and safe for human consumption. Home canned food shall not be used. Canned food shall be from sources that are approved by law.
(b) The facility shall store, prepare and serve foods in such a manner as to protect food from dust, flies, rodents and other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination at all times during storage, food preparation, transportation both on and off premises, and service.
(c) Food storage equipment shall be provided to keep all potentially hazardous foods at safe temperatures, 415ºF degrees Fahrenheit or below or 140ºF degrees Fahrenheit or above, except during necessary periods of preparation and service. Potentially hazardous food shall not have been out of temperature more than 4 cumulative hours during the course of thawing, preparation, service and cooling.
(d) No change.
(e) Refrigeration units and hot food storage units used for the storage of potentially hazardous foods shall be provided with a numerically scaled indicating thermometer accurate to plus or minus 3OF. The thermometer shall be located in the warmest or coldest part of the units as may be applicable and of such type and so situated that the temperature can be easily and readily observed.
(f) Labeling and Dating. Food containers shall be labeled with their contents and labels shall correctly identify the contents of the container. Potentially hazardous foods and potentially hazardous foods that are in a form which is edible without washing, cooking, or additional preparation, including previously cooked foods such as leftovers, must be stored in accordance with the date marking and disposition requirements of subsections 64E-11.004(14) and (15), F.A.C.
(2) Tier II. Except as described in subsection (1) above, if If food service is provided in a the facility with a maximum capacity to house from for 6 to 101 residents or fewer more, but fewer than 25, residents in care, the facility shall comply with the following requirements:
(a) In Chapter 64E-11, F.A.C.:
1. Sections 64E-11.002, Definitions;
2. 64E-11.003, Food Supplies;
3. 64E-11.004, Food Protection;
4. 64E-11.005(1)(2)(b., c., e., f.)(3)(4)(5), Personnel;
5. 64E-11.013(3)(c),1.,2.,4. of Chapter 64E-11, F.A.C., shall apply.
(b) Facilities opening, initially licensed by the licensing agency, or renovating on or after October 1, 2007 shall, prior to construction or renovation of a food service operation or prior to substantial facility renovation, notify the department and provide plans of the proposed construction or renovation, for review and approval at least 90 days prior to the start of the project. Plans shall be submitted by the owner, prospective operator, or their designated representative. All plans shall be in compliance with this section, shall be drawn to scale, describe the layout, construction, finish schedule, general operation of the facility, equipment design and installation, and similar aspects of the facility’s food service operation. A copy of the intended menu shall be provided to the department as part of the plan review.
(c) The floor surfaces in kitchens, all the rooms and areas in which food is stored or prepared and in which utensils are washed or stored, shall be of smooth, nonabsorbent material and constructed so they it can be easily cleaned and shall be kept clean and in good repair.
(d) The walls and shelving ceilings of all food preparation areas, food storage areas, utensil washing and handwashing rooms or areas shall have smooth, easily cleanable surfaces. Walls shall be washable up to the highest level reached by splash or spray.
(e) Hot and cold running water under pressure shall be easily accessible where food is prepared and where utensils are washed.
(f) A hHandwashing sink facilities, provided with hot and cold running water under pressure, shall be located within the food preparation area. A sign must be posted clearly designating the sink for handwashing purposes in new residential facilities and residential facilities which are extensively altered. A hand washing sink shall not be used for any other purpose. Facilities inspected and approved by the department prior to October 1, 2007, are exempt from this requirement until such time as kitchen renovation will occur or substantial renovation will occur at the facility.
(g) In addition to the designated one compartment handwashing sink in paragraph (f) above, a two compartment sink or one compartment sink and a residential use dishwasher shall be provided for warewashing. Not withstanding the provisions in paragraph (f) above, if a facility has a two compartment sink and a residential dishwasher, one compartment of the two compartment sink can be designated as a handwashing sink when labeled and used exclusively as such. Existing facilities shall have until October 1, 2008, to comply with this requirement.
(h) Multi-use equipment and utensils shall be constructed and repaired with materials that are non-toxic, corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under conditions of normal use; and shall not impart odors, color or taste nor contribute to the contamination of food.
(i) All multi-use eating and drinking utensils shall be thoroughly cleaned with hot water and an effective detergent, then shall be rinsed free of such solution, then effectively sanitized as defined in Chapter 64E-11, F.A.C.
(h) A three compartment sink or two compartment sink and dishwasher with an effective, automatic sanitizing cycle, shall be provided. Machine sanitization may be accomplished by the use of chemical solutions, hot water or hot air. After sanitizing, utensils shall be air dried and properly stored. Other types of warewashing devices may be approved by the county health unit.
(j) Refrigeration units and hot food storage units used for the storage of potentially hazardous foods shall be provided with a numerically scaled indicating thermometer accurate to plus or minus 3 degrees Fahrenheit. The thermometer shall be located in the warmest or coldest part of the units as may be applicable and of such type and so situated that the temperature can be easily and readily observed.
(k) Potentially hazardous foods and potentially hazardous foods that are in a form which is edible without washing, cooking, or additional preparation, including previously cooked foods such as leftovers, must be stored in accordance with the date marking and disposition requirements of subsections 64E-11.004(14) and (15), F.A.C.
(l) The facility shall protect food and food equipment from all sources of contamination at all times during storage, food preparation, service, and transportation both on and off premises.
(j) No live animals shall be kept or allowed in the food storage, preparation and serving area.
(m) Live animals and pets living in or visiting a community based residential facility shall not enter the kitchen or any food preparation areas when food is being prepared or served. Preventing pets and animals from entering the kitchen or food preparation areas must be effective and may consist of passive restraint through obedience training, use of physical barriers such as a gate, physical restraint such as limiting the animal to a room outside of the kitchen or food preparation area, or any other effective means. Animals and pets shall not be fed, watered, bedded, kept, or caged in the kitchen, food preparation, food storage, or dining area. Animal care supplies shall not be kept in the kitchen or other food storage areas. If live animals have access to kitchen and dining areas during non-food preparation and service times, then the facility shall effectively sanitize the dining tables, kitchen counter top surfaces, food preparation surfaces, and other similar surfaces immediately before the next meal service or food preparation begins. Persons handling or having direct physical contact with an animal must wash their hands immediately prior to preparing or serving food.
(n) As part of an organized activity, residents may participate in food preparation under direct supervision of the designated staff person in charge of food service activities, who is knowledgeable in food hygiene safety.
(o) Labeling. Food containers shall be labeled with their contents and labels shall correctly identify the contents of the container.
(3) Tier III. If food service is provided in a hospice residential unit or a the facility with a maximum capacity of for 1125 or more residents, it shall comply with Chapter 64E-11, F.A.C. Existing facilities shall have until September 30, 2008, to comply with the requirements of Chapter 64E-11, F.A.C., except for item paragraph (b) below.
(a) Any organized food preparation activity in which residents may participate in food preparation as part of the organized activity, under the direct supervision of a trained food service employee per Rule 64E-11.012, F.A.C. This does not apply to specific designated therapeutic classes with activities for an individual or a group of individuals as part of their occupational, physical, or rehabilitation therapy activities to regain basic self sufficiency skills. These therapy classes are provided by a licensed occupational or physical therapist.
(b) Facilities with capacities of 11-24 residents that have been in continuous operation since initial regulation or licensing by the department prior to October 1, 2007, are exempt from subsection 64E-11.008(7), F.A.C., until the facility remodels the kitchen or dining area, or substantially remodels the facility.
(4) Catering. If food is catered from outside sources, the caterer shall be licensed or regulated by a state or federal regulatory food program with Chapter 64E-11, F.A.C. Catered food once delivered to a community based residential facility must be adequately protected. If a community based residential facility caters additionally to outside sources, it must meet all Chapter 64E-11, F.A.C., licensing standards.
(a) When catering is provided as the primary means of food supply, a copy of a current catering agreement shall be provided to the local county health department at least annually and when a change in the agreement occurs. The agreement shall minimally include the designated delivery times, method of hot and cold holding once food is delivered, whether bulk or individually portioned food will be provided, and a designated responsible party for cleaning and sanitizing any multi-use equipment and utensils.
(b) Upon delivery of catered food to a community based residential facility, catered food must be adequately protected from contamination. The facility shall maintain a daily log indicating the date and time of delivery, name or type of potentially hazardous food(s), and using an accurate food thermometer measure and log the food temperatures upon arrival. Entries in the log shall be made at the time of delivery. These temperature logs shall be maintained and retained at the facility for a period not less than 6 months. The records required by this section must be made available for review by the department upon department request.
(c) If outside catering is not the primary means of food supply to the facility, and the facility only partakes in the occasional carry-out or delivery of items such as, pizza, wings, sub-sandwiches, fried chicken, or barbequed food, the catering requirements listed in paragraphs (a) and (b) above, do not apply.
Specific Authority 381.006, 381.006(16), 381.0072(2)(a) FS. Law Implemented 381.006(6),(16), 381.0072(2)(a), (b), (c), 386 FS. History–New 6-18-87, Formerly 10D-23.006, Amended________.
64E-12.005 Housing.
(1) The facility shall provide safe and sanitary housing free from objects, materials, and conditions that constitute a danger to the residents.
(2) Floors, walls, ceilings, windows, doors and all appurtenances of the structures shall be of sound construction, properly maintained, easily cleanable and shall be kept clean.
(a) Floor surfaces shall be of non-slip type and maintained free of loose or broken tiles and boards, holes, uneven projections, protruding nails, tears, splinters, water spillage and other tripping hazards. Bathtubs and showers shall contain slip-resistant strips, slip-resistant rubber bath mats, or slip-resistant surfaces.
(b) through (c) No change.
(d) All external windows designed to open shall be accessible and operable.
(3) No change.
(4) All areas of the facility shall be well lighted. Dormitories, bedrooms, toilets, bathing rooms, shower rooms, and dayrooms shall have light fixtures that provide capable of providing at least 20 foot candles of illumination in all areas of the room, measured at a distance 30 inches from the floor, to permit observation, cleaning and maintenance. Light fixtures shall be maintained to work as designed and kept clean.
(5) No change.
(6) No change.
(7) Mechanical cooling devices shall be used and in working condition made available for use in those areas of buildings occupied by residents when inside temperatures exceed 85° Fahrenheit. Exceptions are made when the resident is capable and in control of the thermostat or cooling devices in their personal area and chooses for it to exceed 85O Fahrenheit.
(8) All heating and cooling systems shall be consistent with current building and fire code rules applicable to the area where the facility is located, as determined by building and fire officials.
(9) No change.
(10) Plumbing shall be maintained in compliance with the requirements of the plumbing provisions of the State Plumbing Code, Chapter 553.06, F.S.
(11) through (12) No change.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Amended 8-7-96, Formerly 10D-23.009, Amended________.
64E-12.006 Vector and Vermin Insect and Rodent Control.
(1) Effective control measures shall be utilized to minimize the presence of rodents, flies, cockroaches and other vectors insects on the premises. The primary means of pest control shall be the use of integrated pest management (IPM) systems and tools. IPM tools, such as “Integrated
(2) The creation, maintenance or causing of any condition capable of propagating insects, or rodents, vectors and vermin will not be permitted. All buildings shall be effectively maintained rodent-proofed and rodent free. All outside openings shall be effectively sealed or screened with 16 mesh screening or equivalent, to prevent entry of insects, or rodents, or other vermin, except in wilderness programs when mosquito netting is provided to each resident.
Specific Authority 381.006, 381.006(16), FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Amended 8-7-96, Formerly 10D-23.010, Amended________.
64E-12.008 Laundry.
(1) No change.
(2) Laundry rooms shall have fixtures that provide at least 30 foot-candles of illumination, be kept clean and free of lint build-up, and be properly ventilated as specified in the Laundry rooms shall be well lighted and properly ventilated. Clothes dryers shall be vented to the exterior. Carts used for transporting dirty clothes, linens and towels shall not be used for transporting clean articles unless the carts have been thoroughly cleaned and sanitized.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Formerly 10D-23.012, Amended________.
64E-12.009 Medications, Alcohol, Poisonous or Toxic Substances.
(1) Poisonous, or toxic substances compounds are to be stored apart from food and other areas that would constitute a hazard to the residents. All containers containing poisonous or toxic substances must be clearly labeled to indicate their contents.
(2) All toxic, poisonous, and alcoholic substances shall be kept in locked areas, such as a locked office, locked cabinet, or locked cupboard at all times when not in use. This does not apply to alcoholic beverages. Alcoholic beverages shall be kept out of a child’s reach.
(3) Medications shall be kept in locked areas, such as a locked office, locked cabinet, or locked box at all times when not in use. This is in addition to a childproof medicine bottle cap, lid, or other packaging. Exceptions are extended to adults capable of self medication, life saving medications such as epinephrine pens, insulin, nitro glycerin, or asthma inhalers that may be needed by the resident who is capable of self-medication in an emergency due to illness or disease. Medicine containers or packaging must be clearly labeled indicating the prescribed individual’s name and its contents. Medications requiring refrigeration or which are stored in a food service or food storage area, shall be stored in such a manner that they do not pose a contamination hazard to food.
Specific Authority 381.006, 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New 6-18-87, Formerly 10D-23.013, Amended________.
64E-12.011 Recreational Areas.
(1) through (2) No change.
(3) If swimming pools, spas, or open water hazards are located on the property of a available in community based residential facilityies, the pools should be facility shall provide direct supervisioned by an adult employee when in use used or when the area is occupied by children minors and other residents that cannot swim are not capable of self-preservation. The individual responsible for supervision during water activities or near water hazards must have successfully completed the community water safety course specified in paragraph (b) below.
(a) Wading or kiddy pool is not allowed.
(b) All community based residential facilities with swimming pools, spas, or open water hazards must have a person on staff who has completed a community water safety course administered by the American Red Cross, YMCA, or any aquatic training program granted approval under paragraph 64E-9.008(1)(d), F.A.C.
(c) All residential pools and spas, regardless of construction date, shall meet the requirements of Chapter 515, of the
(d) Water safety devices shall be provided for residential pools. A shepherd’s hook shall be provided securely attached to a one piece pole not less than 16 feet in length, and at least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the pool from the pool deck. Safety equipment shall be mounted in a conspicuous place and be readily available for use. Residential spas and hot tubs are exempt from this requirement.
Specific Authority 381.006, 381.006(16), FS. Law Implemented 381.006(6), (16), FS. History–New 6-18-87, Amended 8-7-96, Formerly 10D-23.015, Amended________.
64E-12.012 Radon Testing.
Radon Testing shall be conducted in accordance with requirements listed in Chapter 404 of the
Specific Authority 404.056(4), (6), 381.006 FS. Law Implemented 404.056(4), 381.006(16) FS. History–New________.
64E-12.013 Animal Health and Safety.
(1) Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations must be current at the time of inspection. Proof of rabies vaccination or veterinary certification of vaccination exemption shall be kept on the premises at all times.
(2) All animals must be kept in good health and free from disease or under treatment by a licensed veterinarian. Indoor animals frequenting the outside must have an annual screening for internal parasites by a licensed veterinarian. Any animal positive for internal parasites must be treated appropriately by the licensed veterinarian. Animals being kept or having access to the indoors must be treated for flea control throughout the year to prevent infestations.
(3) Aggressive, venomous, or potentially dangerous animals must be restricted from access by the residents at all times and kept in such a manner so as not to be able to become free roaming and cause or inflict harm to the residents, visitors, or employees. These animals may not be housed in the residents’ sleeping quarters.
Specific Authority 381.006(6), 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New________.