This rule amendment corrects Division of State Fire Marshal and Department of Agriculture and Consumer Services Florida Administrative Code (F.A.C.) citations and rules adopted by reference in Chapter 61C-1, F.A.C. These changes are necessary due to ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-1.004: General Sanitation and Safety Requirements
PURPOSE AND EFFECT: This rule amendment corrects Division of State Fire Marshal and Department of Agriculture and Consumer Services Florida Administrative Code (F.A.C.) citations and rules adopted by reference in Chapter 61C-1, F.A.C. These changes are necessary due to the transfer of Title 4A, F.A.C., to Title 69A, F.A.C.; and the adoption of federal standards for the regulation of bottled water.
SUMMARY: These amendments correct Division of State Fire Marshal and Department of Agriculture and Consumer Services F.A.C. citations and rules adopted by reference in Chapter 61C-1, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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(2)(d), 509.032(3), 509.032(6) FS.
LAW IMPLEMENTED: 509.032(2)(d), 509.032(3)(a), (b), (c), 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, Department of Business and Professional Regulation, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, FL 32399-1012; Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-1.004 General Sanitation and Safety Requirements.

The following general requirements and standards shall be met by all public lodging 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, herein adopted by reference. 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 establishments as defined in Chapter 509, F.S.

(a) No change.

(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 Chapter 5E-15, F.A.C., herein adopted by reference.

(c) through (e) No change.

(2) through (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 4A-3, F.A.C.

(6) through (8) No change.

(9) Fire safety equipment.

(a) No change.

(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 4A-21.041, F.A.C., herein adopted by reference.

(c) through (e) No change.

(10) No change.

(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 4A-3, F.A.C., Uniform Fire Safety Rules and Standards, sufficient electrical outlets shall be provided.

(12) No change.

(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 4A-43 and 4A-55, F.A.C., for public lodging establishments and public food service establishments, respectively.

Specific Authority 509.032(2)(d), 509.032(3), 509.032(6) FS. Law Implemented 509.032(2)(d), 509.032(3)(a),(b),(c), 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, 6-15-92, Formerly 7C-1.004, Amended 3-31-94, 10-9-95, 9-25-96, 5-11-98, 7-2-98, _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Holly Benson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2007