Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on November 15, 2010, the Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Routine Variance petition on October 28, 2010 for paragraph 61C-1.004(2)(a), subsections 61C-4.010(6), (7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from The Fish House, Ruskin, FL. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom on the same level be provided for use by customers and employees. They are requesting to share bathroom facilities with another nearby business.
The Petition published Vol. 36, No. 45 on 11/12/10 and after a complete review of the variance request, the Division finds that the application of this rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the bathrooms located within River Haven Mobile Home Park Municipal Building are maintained in a clean and sanitary manner, have hot and cold running water under pressure, soap, approved hand drying devices and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of the bathrooms. If the ownership of River Haven Mobile Home Park Municipal Building changes, an updated signed agreement for use of the bathroom facilities is required immediately.
A copy of the Order may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.