On December 14, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: On December 14, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), Florida Administrative Code, Section 6-402.11, 2001 FDA Food Code, Paragraph 61C-1.004(1)(a), Florida Administrative Code, and Section 5-203.13, 2001 FDA Food Code, Paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code from Texas Skewers located in Orlando. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees, that each establishment have at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water; and that each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to share the mop sink and bathroom facilities for use by both customers and employees with an adjacent business (Rodeway Inn; license MOT5801461) and to utilize holding tanks to provide potable water and to collect wastewater.
The Petition for this variance was published in Vol. 38/97 on December 26, 2012. The Order for this Petition was signed on January 2, 2013 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 and mop sink located within Rodeway Inn (MOT5801461) are maintained in a clean and sanitary manner and have hot and cold running water under pressure. The bathroom handwash sink must have soap, approved hand drying devices and be 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 the Rodeway Inn (KFUO Investments LLC) changes, an updated, signed agreement for use of the bathroom facilities and mop sink is required immediately. The Petitioner shall also ensure the wastewater holding tanks for the handwash and three-compartment sinks are emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash and three-compartment sinks are provided with hot and cold running water under pressure. The handwash sink must be equipped with soap, approved hand drying device and a handwashing sign.
A copy of the Order or additional information may be obtained by contacting: [e-mail]; Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.