Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on November 25, 2008, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received a Routine Variance for subsection 61C-4.010(6), Florida Administrative Code, from Partytime Playhouse located in St. Cloud. The above referenced F.A.C. states… the physical facilities at public food service establishments shall be subject to the provisions of Chapter 6, Food Code…Studs, joists, and rafters may not be exposed in areas subject to moisture. Specifically, the Petitioner requests to operate with exposed studs, joists or rafters in an indoor bar that has recently been added to an existing establishment.
This variance was approved contingent upon the Petitioner having a limited menu in the inside snack bar area where there are exposed studs, joists or rafters. The studs, joists and rafters shall be smooth, nonabsorbent, easily cleanable and maintained in good repair. Food preparation is limited to hot holding of precooked food items and cold holding of prepackaged food items; there will be no other food in this area. Only single-service items may be utilized for customers. If the surface of the studs, joists or rafters or the covering between these structures become weathered and/or cracked rendering them uncleanable, the variance will be rescinded and a properly finished ceiling will be required. Any violation of the variance is equivalent of a violation of the rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us.