The purpose and effect of the proposed rule amendments are to reduce verbiage by repealing sanitary facilities language that was identified as being unnecessary or duplicative. In addition, some language is being amended to provide more clarity, ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-10.001General

64E-10.002Special Requirements

64E-10.003Cleanliness and Maintenance

64E-10.004Soap, Towels and Toilet Tissue

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to reduce verbiage by repealing sanitary facilities language that was identified as being unnecessary or duplicative. In addition, some language is being amended to provide more clarity, while using succinct language, regarding restroom cleanliness and access standards.

SUMMARY: These rules address the general standards for operation and maintenance, special requirements and fixture ratios for temporary events and housing, restroom cleanliness, and sanitary supplies. The provisions of Rules 64E-10.003 and .004, F.A.C. are being combined and added to Rule 64E-10.001, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.006 FS.

LAW IMPLEMENTED: 381.006(6), (15) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robin Eychaner, Bureau of Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee Florida, 32399-1710, Phone number: [phone] ext 2457

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 64E-10, SANITARY PRACTICES FOR TOILETS AND WASHROOMS IN FACILITIES FOR BUILDINGS SERVING THE PUBLIC PLACES AND PLACES OF EMPLOYMENT

 

Substantial rewording of Rule 64E-10.001 follows. See Florida Administrative Code for present text.

64E-10.001 General.

(1) Toilets and washrooms shall be accessible to the public and employees, when the public place or place of employment is open and operating.

(2) The following sanitary practices shall be used for the operation and maintenance of toilets and washrooms in public places and places of employment:

(a) Floors and plumbing fixtures shall be cleaned and disinfected as needed, but no less than once a day;

(b) Plumbing fixtures and plumbing shall be maintained in good working order and free from chips, cracks, leaks, waste back-up, or seepage;

(c) Toilets and washrooms shall be furnished with soap, preferably liquid type, and single-use towels with a waste receptacle or a towel free automatic hand-drying device. The use of a common towel is prohibited; and

(d) Each toilet shall be provided with toilet tissue and dispenser.

(3) For the purpose of this rule, the term “disinfected” means the application of a product registered with the United States Environmental Protection Agency as a tuberculocidal disinfectant used in accordance with the manufacturer’s instructions.

Rulemaking Specific Authority 381.0011(13), 381.006(14) FS. Law Implemented 381.006(6), (15) FS. History–New 10-18-89, Amended 8-7-96, Formerly 10D-10.035, Amended__________.

 

64E-10.002 Special Requirements.

(1) For temporary outdoor events such as outdoor theaters and biker’s week that are not covered by Department regulations, the 1994 Standard Plumbing Code and its 1995 Revisions, or the 1994 Standard Building Code, the Department shall use the following sanitary fixture ratios for public assembly:

PLACES OF PUBLIC ASSEMBLY

MALESFEMALES

Number Toilets Urinals Sinks Number Toilets        Sinks

1–100 1 1 1 1–501 1

101–250 2 1 1 51–1402 1

251–360 2 2 1 141–2503 2

361–470 2 3 2 251–3604 2

471–580 3 3 2 361–4705 3

581–700 3 4 3 471–6906 3

701–820 3 5 4 691–9607 4

821–975 4 5 4 961–13008 4

976–11504 7 4 1301–16409 5

1151–13254 7 4 1641–200010 6

1326–14905 7 5 2001–235011 7

1491–16755 8 5 2351–270012 8

1676–18756 9 5

1876–20756 9 6

2076–22506 10 6

2251–24756 11 6

2476–27006 12 7

For outdoor events over 2700 males, add 1 toilet, 1 urinal, and 1 handwashing sink for each additional 350 males. For more than 2700 females, add 1 toilet for each 350 people and 1 handwashing sink for each 500 attendees.

(2) Temporary Housing Facilities

Wherever temporary housing is provided to more than 60 people who are homeless as a result of displacement from their homes either by immigration, natural disaster, or financial hardship, the temporary housing facility shall provide a minimum of 1 toilet, 1 handwashing sink, and 1 shower for each 20 people or fraction thereof.

Rulemaking Specific Authority 381.0011(13), 381.006(14) FS. Law Implemented 381.006(15)(6) FS. History–New 10-18-89, Amended 7-22-92, 7-3-94, 8-7-96, Formerly 10D-10.041, Amended________.

 

64E-10.003 Cleanliness and Maintenance.

Rulemaking Specific Authority 381.0011(13), 381.006(14) FS. Law Implemented 381.006(6) FS. History–New 10-18-89, Amended 8-7-96, Formerly 10D-10.044, Repealed______.

 

64E-10.004 Soap, Towels and Toilet Tissue.

Rulemaking Specific Authority 381.0011(13), 381.006(14) FS. Law Implemented 381.006(6) FS. History–New 10-18-89, Amended 8-7-96, Formerly 10D-10.047, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robin Eychaner

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 2, 2015