61C-1.001: Definitions
61C-1.004: General Sanitation and Safety Requirements
PURPOSE AND EFFECT: The proposed rule reflects changes made to Chapter 509, F.S., by Laws of Florida Chapters 2008-055 and 2008-134. The proposed rule also provides a general update to ensure accurate and consistent requirements and terms throughout the rule and to improve readability under the plain language initiative.
SUMMARY: The proposed rule addresses changes to Chapter 509, F.S., resulting from Laws of Florida Chapters 2008-055 and 2008-134. The proposed rule also updates specific requirements in the rule for consistency with the 2001 Food Code, revises definitions, and provides a general update of the rule language to improve readability and ensure accurate and consistent terms throughout the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 509.032 FS.
LAW IMPLEMENTED: 509.032, 509.215, 509.221 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, telephone: (850)488-1133
THE FULL TEXT OF THE PROPOSED RULE IS:
61C-1.001 Definitions.
Except when otherwise defined in this rule, the definitions provided in paragraph 1-201.10(B), Food Code, 2001 Recommendations of the United States Public Health Service/Food and Drug Administration, the 2001 Food Code Errata Sheet (August 23, 2002), and Supplement to the 2001 FDA Food Code (August 29, 2003) shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.:
(1) through (7) No change.
(8) Commissary – A public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food dispensing vehicle for the purpose of providing all required support services, including potable water and wastewater disposal, that are not available on the mobile food dispensing vehicle. An approved food service establishment, commercial establishment, where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at other locations, or where liquid and solid wastes are disposed, or where potable water is obtained.
(9) through (10) No change.
(11) District – The district manager administrator in one of the established district offices of the division, or the district manager’s their designee.
(12) through (14) No change.
(15) Food establishment – As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in Chapter 509, F.S., according to the context of the applicable rule language.
(16) No change.
(17) Hot water – Hot water means a water temperature of 100 110 degrees Fahrenheit or above.
(18) through (19) No change.
(20) Owner – A person, firm or corporation who, or which, owns or controls the premises property.
(21) Packaged – Items prepared in a public food service establishment that are bottled, canned, cartoned, bagged, or securely wrapped, and sealed and sold for off-premises consumption. Such items customarily sold as “take-out” or “to-go” orders shall not be considered as packaged items for the purposes of this definition.
(21)(22) Potable water – Water satisfactory for drinking, culinary, and domestic purposes meeting quality standards of Chapters 62-550 and 62-555, F.A.C.
(22)(23) Premises – The physical public food service or lodging establishment and the contiguous land or property under the control of the operator. The physical property may include all yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises.
(24) Pre-packaged – foods which have been prepared and bottled, canned, cartoned, bagged or securely wrapped in commercial food processing establishments.
(23)(25) Railway – Either a railing or, a guardrail system of building components located near the open sides of elevated walking surfaces.
(24)(26) Remodel Remodeled – To make any The term remodeled means any change to an existing public food service establishment which affects the sanitation or safety of the establishment.
(25)(27) Sewage – Any liquid waste containing chemicals or animal, mineral, or vegetable matter, or in suspension or solution, and may include liquids containing chemicals, in solution. Included in this definition is liquid waste from sinks, bathroom toilet facilities, grinders, garbage containers, dishwashing machines, floor drains, floor washing or handwashing facilities.
(26)(28) Single – As it refers to public lodging occupancy, this term means one person.
(27)(29) Stairway – One or more flights of stairs or steps, either interior or exterior, and the landings, platforms, or other supporting structures necessary to connect separate levels in order to form a continuous passage from one level to another in a building structure.
(28) Temporary food service event – Any event of 30 or fewer consecutive days in duration, advertised and recognized in the community, where food is prepared, served, or sold to the general public.
(29)(30) Wholesome – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.
Rulemaking Specific Authority 509.032 FS. Law Implemented 509.032 FS. History–Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89, 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95, 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08,_________.
61C-1.004 General Sanitation and Safety Requirements.
The following general requirements and standards shall be met by all public lodging establishments and public food service establishments.
(1) Water, plumbing and waste. Except as specifically provided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. For the purposes of this section, the term “food establishment” as referenced in the Food Code shall apply to all public lodging and public food service establishments as defined in Chapter 509, F.S.
(a) The water supply shall meet the standards provided in Chapters 64E-8, 62-550 and 62-555, F.A.C., herein adopted by reference, where applicable.
(b) Bottled and packaged potable water shall be transported and obtained in accordance with the requirements of Title 21, Code of Federal Regulation, Parts 129 and 165, as adopted by the Department of Agriculture and Consumer Services in Rule 5K-4.002, F.A.C., herein adopted by reference.
(c) Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other than those specified in Title 21, Code of Federal Regulations 173.310, herein adopted by reference.
(d) Sewage shall be disposed of in a public sewage sewerage system or other approved sewage sewerage system in accordance with the provisions of Chapter 64E-6 or 62-601, F.A.C., herein adopted by reference, whichever is applicable. Grease interceptors shall be designed and installed in accordance with provisions of Chapter 64E-6, F.A.C., herein adopted by reference, or the local building plumbing authority having jurisdiction.
(e) All garbage and rubbish shall be removed from the establishment premises with sufficient frequency to prevent nuisance conditions and shall be disposed of in accordance with provisions of Chapter 62-701, F.A.C., herein adopted by reference.
(2) Public and employee bathrooms.
(a) Each public lodging establishment and public food service establishment shall provide a minimum of one be provided with adequate and conveniently located bathroom facility facilities for its employees and customers guests in accordance with provisions of these rules, the Florida Building Code, and the local building plumbing authority having jurisdiction. Public bathroom access to toilet facilities shall be located so that customers are not required or allowed to pass be permitted through food preparation, storage, or warewashing areas to access the public bathroom facility. Bathroom fixtures shall be of readily cleanable sanitary design. Bathroom facilities shall be kept clean, in good repair and free from objectionable odors. Bathroom facilities Bathrooms shall provide at least 20 foot candles of light. The walls, ceilings and floors of all bathroom facilities shall be kept in good condition. Toilet paper shall be provided in each bathroom facility.
(b) Bathroom facilities Public bathrooms shall be completely enclosed and shall have tight-fitting, self-closing doors. Such doors shall not be left open except during cleaning or maintenance. Bathroom facilities located or, in public lodging establishments or bathrooms located outside a public food service establishment, may have entrances and exits constructed in such a manner as to ensure privacy of occupants. Such doors shall not be left open except during cleaning or maintenance.
(c) Handwashing signs shall be posted in each bathroom facility used by employees.
(d) For the purposes of this section, the term toilet shall mean a flush toilet properly plumbed, connected and discharging to an approved sewage disposal system. In a bathroom facility where more than one toilet is provided, each toilet shall be separated by a partition from adjoining fixtures and a door shall be provided which will partially conceal the occupant from outside view.
(e) No change.
(3) Vermin Control – Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material shall not be less than 16 mesh to the inch or equivalent, tight-fitting and free of breaks. Insecticides or rodenticides, when used, shall be used in compliance with Chapter 5E-14, F.A.C., herein adopted by reference.
(4) No change.
(5) All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, F.S., and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 69A-3, F.A.C., herein adopted by reference.
(5)(6) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions.
(6)(7) Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables.
(8) Flammable materials inside an establishment shall be stored in approved-type containers (maximum size 5 gallons) and in such a manner as to prevent a fire hazard.
(7)(9) Fire safety equipment.
(a) All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with the Florida Fire Prevention Code as approved by the local fire authority. Fire Extinguisher Installation – Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers, herein adopted by reference.
(b) A standard state approved service tag shall be attached to each extinguisher and a person holding a valid state permit issued by the State Fire Marshal shall recharge or inspect the extinguisher and shall prepare the tag to include the information required by Rule 69A-21.241, F.A.C., herein adopted by reference.
(c) Fire Hose Maintenance – Inspections shall be made every 6 months to assure that the hose is in proper position on the racks and that all of the equipment is in place and in good condition. The hose shall be removed and re-racked at least annually and new gaskets installed in the couplings, both at the hose valves and at the nozzles if necessary. Where couplings are polished, care should be taken to see that polish used does not touch fabric of hose.
(b)(d) Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety.
(c)(e) Specialized Smoke Detectors – Specialized smoke detectors for the deaf and hearing-impaired shall be made available upon request by guests in transient public lodging establishments without charge. Failure of the operator to inform any employee charged with registering guests of the location of such detector constitutes failure to make such detectors available.
(8)(10) Means of access, including entrances, halls, and stairways, must permit unobstructed travel at all times and be maintained free of obstructions and fire hazards. Halls, entrances and stairways shall be clean, ventilated and well-lighted day and night. Hall and stair runners shall be kept in good condition. Railways, as defined in subsection 61C-1.001(23), F.A.C., Hand rails shall be installed on all stairways and guard rails around all porches and steps. Adequate means of exit shall be provided pursuant to NFPA 101. Exits shall be clearly marked with approved illuminated exit signs.
(11) Electrical wiring – To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used except during cleaning, maintenance and other temporary activities. Only a wall switch or approved pull cord shall be permitted in bathrooms. In accordance with the provisions of NFPA 70, the National Electrical Code, as adopted by the Division of State Fire Marshal in Chapter 69A-3, F.A.C., sufficient electrical outlets shall be provided.
(9)(12) Heating and ventilation – The heating and ventilation system shall be kept in good repair or be installed to maintain a minimum of 68 degrees Fahrenheit throughout the building. The insurance inspector’s boiler report is required annually for power boilers and high pressure/high temperature boilers and biannually for low pressure steam or vapor heating boilers and shall be posted in the boiler room. The provisions of this section do not apply to the common areas of resort condominiums.
(13) Gas appliances – All appliances, including water heaters using gas, shall be kept in good repair and properly vented when manufacturers’ instructions require venting of the appliance and shall meet the following requirements:
(a) All appliances shall have a nationally recognized testing laboratory seal such as AGA or UL seal.
(b) Heating appliances shall be properly sized in BTU input for room air space. Proper sizing of heating appliances shall be determined in accordance with the provisions of NFPA 54, the National Fuel Gas Code, as adopted by the Division of State Fire Marshal in Chapter 69A-3, F.A.C.
Rulemaking Specific Authority 509.032 FS. Law Implemented 509.032, 509.215, 509.221 FS. History–Amended 2-20-64, 7-14-67, 2-8-69, Revised 2-4-71, Amended 2-17-73, Repromulgated 12-18-74, Amended 9-19-84, Formerly 7C-1.04, Amended 12-31-90, 2-11-92, 2-27-92, 6-15-92, Formerly 7C-1.004, Amended 3-31-94, 10-9-95, 9-25-96, 5-11-98, 7-2-98, 2-24-08, 8-12-08,________.