RULE NO: RULE TITLE
64E-12.003: Water Supply
64E-12.004: Food Service
64E-12.005: Housing
64E-12.006: Insect and Rodent Control
64E-12.007: Bedding, Towels, Clothing and Personal Items
64E-12.008: Laundry
64E-12.009: Poisonous or Toxic Substances
64E-12.010: Garbage and Rubbish
64E-12.011: Recreational Areas
64E-12.012: Radon Testing
Water Supply, Food Service, Housing, Insect and Rodent Control, Bedding, Towels, Clothing and Personal Items, Laundry, Poisonous or Toxic Substances, Garbage and Rubbish, Recreational Areas, Radon Testing
- NOTICE OF CHANGENotice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 45, November 9, 2007 issue of the Florida Administrative Weekly.
The changes are made in response to comments received from the Joint Administrative Procedures Committee, the public hearing, and comments received during the time period allowed for submission of materials.
Paragraph 64E-12.003(1)(d) has been changed so that when adopted it will read: Laboratory test results must be submitted to the local county health department in writing by the testing laboratory.
Subsection 64E-12.003(2) has been changed so that when adopted it will read: Drinking water shall be accessible to all residents. When drinking fountains are available, they shall be designed in compliance with the applicable plumbing provisions of the State Building Code, as adopted in Rule 9B-3.047, F.A.C. When no approved drinking fountains are available, residents shall be provided with single service cups or clean drinking utensils which shall be stored and dispensed in a manner to prevent contamination. Common drinking cups are prohibited.
Subsection 64E-12.004(1) has been changed so that when adopted it will read: Tier I. Facilities meeting the definition of adult family-care home regardless of the number of residents as defined in Section 429.65(2), F.S., and other community based residential facilities with a maximum capacity to house up to 5 residents, shall comply with the following requirements:
Paragraph 64E-12.004(2)(b) has been changed so that when adopted it will read: Facilities opening, initially licensed by the licensing agency, or renovating on or after January 1, 2008 shall, prior to construction or renovation of a food service operation or prior to substantial facility renovation, notify the department and provide plans of the proposed construction or renovation, for review and approval at least 90 days prior to the start of the project. Plans shall be submitted by the owner, prospective operator, or their designated representative. All plans shall be in compliance with this section, shall be drawn to scale, describe the layout, construction, finish schedule, general operation of the facility, equipment design and installation, and similar aspects of the facilitys food service operation. A copy of the intended menu shall be provided to the department as part of the plan review.
Paragraph 64E-12.004(2)(f) has been changed so that when adopted it will read: A handwashing sink, provided with hot and cold running water under pressure, shall be located within the food preparation area. A sign must be posted clearly designating the sink for handwashing purposes. A hand washing sink shall not be used for any other purpose. Facilities inspected and approved by the department prior to January 1, 2008, are exempt from this requirement until such time as kitchen renovation will occur or substantial renovation will occur at the facility.
Paragraph 64E-12.004(2)(g) has been changed so that when adopted it will read: In addition to the designated one compartment handwashing sink in paragraph (f) above, a two compartment sink or one compartment sink and a residential use dishwasher shall be provided for warewashing. Notwithstanding the provisions in paragraph (f) above, if a facility has a two compartment sink and a residential dishwasher, one compartment of the two compartment sink can be designated as a handwashing sink when labeled and used exclusively as such. Existing facilities shall have until December 31, 2008, to comply with this requirement.
Subsection 64E-12.004(3) has been changed so that when adopted it will read: Tier III. If food service is provided in a hospice facility, or a facility with a maximum capacity of 11 or more residents, it shall comply with Chapter 64E-11, F.A.C. Existing facilities shall have until December 31, 2008, to comply with the requirements of Chapter 64E-11, F.A.C., except for item (b) below.
Paragraph 64E-12.004(3)(b) has been changed so that when adopted it will read: Facilities with capacities of 11-24 residents that have been in continuous operation since initial regulation or licensing by the department prior to January 1, 2008, are exempt from subsection 64E-11.008(7), F.A.C., until the facility remodels the kitchen or dining area, or substantially remodels the facility.
Subsection 64E-12.005(1) has been changed so that when adopted it will read: The facility shall provide safe and sanitary housing free from objects, materials, and conditions of an environmental origin that constitute a danger to the residents.
Subsection 64E-12.005(10) has been changed so that when adopted it will read: Plumbing shall be maintained in compliance with the requirements of the applicable plumbing provisions of the State Building Code, as adopted in Rule 9B-3.047, F.A.C. and Chapter 553.06, F.S.
Subsection 64E-12.006(1) has been changed so that when adopted it will read: Effective control measures shall be utilized to minimize the presence of rodents, flies, cockroaches and other vectors and vermin on the premises. The primary means of pest control shall be the use of integrated pest management (IPM) systems and tools. IPM tools, such as Integrated Pest Management for Schools: How-to Manual, dated May 2, 2006, which are recognized by the United States Environmental Protection Agency, are approved practices for the control of pests throughout a residential facility. The manual is available at: http://www.epa.gov/pesticides/ ipm/schoolipm/index.html or by writing for a free copy to EPA Pesticides Section, U.S. EPA Region 9, 75 Hawthorne Street (CMD-5), San Francisco, CA 94105. Use of IPM systems and tools does not restrict the use of licensed pest control companies or individuals.
Subsection 64E-12.008(2) has been changed so that when adopted it will read: Laundry rooms shall have fixtures that provide at least 30 foot-candles of illumination, be kept clean and free of lint build-up, and be properly ventilated as specified in the applicable building provisions of the State Building Code, as adopted in Rule 9B-3.047, F.A.C. Lighting will be measured 30 inches above the floor. Clothes dryers shall be vented to the exterior. Carts used for transporting dirty clothes, linens and towels shall not be used for transporting clean articles unless the carts have been thoroughly cleaned and sanitized.
Paragraph 64E-12.0011(3)(c) has been changed so that when adopted it will read: A community based residential facility with a pool or spa not currently regulated by Chapter 64E-9, F.A.C., shall minimally, regardless of construction date, meet the barrier requirements in one of the following references: section 424.2.17 through 424.2.17.3 of the 2004 Florida State Building Code for private swimming pools or Section 515.29, F.S.
Rule 64E-12.012 has been changed so that when adopted it will read: Radon Testing shall be conducted in accordance with requirements listed in Section 404.056(4) of the Florida Statutes. Radon testing information can be obtained at 1(800)543-8279.
