65C-14.010. Safety, Sanitation and Food Service Requirements (Transferred)

(1) Inspections. Prior to the issuance of a license or to relicensing, the home or facility shall be inspected by a representative from the Department, the Department of Health, or the county health unit trained in environmental health practices. Written approval of satisfactory health and sanitary conditions must be on file. All child-caring facilities must comply with the health and sanitation standards including a maximum hot water temperature of 120 degrees Fahrenheit at the kitchen and bathroom faucets and in bathing areas to prevent scalding, as set forth in rule Chapter 64E-12, F.A.C.

(2) Radon Testing.

(a) Child-caring agencies shall verify with the Department of Health if they are required to test for radon based on the home or facility location and building type.

(b) Child-caring agencies required to test for radon shall follow the protocols and procedures outlined by the Department of Health.

(c) Child-caring agencies can perform radon testing through state certified individuals or businesses or by using a radon testing kit provided that the instructions are followed.

(3) Fire Safety.

(a) All child-caring agencies must be inspected annually by the local fire department or persons certified by the Division of the State Fire Marshal in fire prevention and safety in accordance with Rule Chapter 69A-41, F.A.C., Uniform Fire Safety Standards for Residential Child Care Facilities. A report of the inspections and approval must be on file with the Department prior to issuance of a license or relicensing of the facility.

(b) Fires, explosions or major damage to facilities which threaten the health and safety of the residents shall be reported to the Department within 24 hours of the occurrence and reports of such incidents shall be kept on file in the facility.

(c) Procedures for fire and other emergency situations, including the route of evacuation, shall be posted in conspicuous places and shall be reviewed with staff and children on a scheduled basis. The evacuation map shall:

1. Clearly identify all exits of the home, i.e. doors, windows;

2. Identify the location of any emergency equipment, such as fire extinguishers or first aid kits; and

3. Identify safe assembly points in the event of an evacuation.

(d) Fire drills shall be held no less than monthly and records of such drills shall be kept on file.

(e) Hallways, stairs and exit areas shall be well-lit and kept clear for safe exit.

(4) Transportation.

(a) Vehicles used to transport children shall be maintained in safe operating condition.

(b) The number of persons in a vehicle used to transport children shall not exceed the number of available seats; appropriate restraining devices shall be used when transporting children in automobiles.

(c) Buses or vans used to transport six (6) or more children shall be equipped with a first aid kit.

(d) The child-caring agency shall provide confirmation of liability insurance.

(e) The child-caring agency shall develop written procedures on the use of vehicles to include the accountability of passengers. 

(5) Swimming Pools, Aquatic Activities, and Bodies of Water.

(a) All child-caring agencies with swimming pools, spas, or open water hazards must have a person on staff who has completed a community water safety course administered by American Red Cross, YMCA, or a certified water safety provider.

(b) Swimming pools located on the premises of a detached one-family or two-family dwelling or a one-family townhouse not more than three stories high shall comply with the safety feature requirements of the Residential Pool Safety Act, Section 515.27(1), F.S. Facilities with swimming pools licensed prior to the enactment of the Residential Pool Safety Act shall be considered to have met this requirement.

(c) Child-caring agencies serving eight or more residents who do not meet the criteria outlined in paragraph (5)(b) shall comply with the required safety features for public swimming pools set forth in Section 514.0315, F.S.

(d) The child-caring agency shall not permit a child to participate in an aquatic activity requiring higher skills than the child’s ability, except during formal instruction.

(e) The level of supervision for children in close proximity to any body of water, including swimming pools, shall be made by the licensed out-of-home caregiver in accordance with Section 39.4091(2)(c), F.S.

(f) Lifesaving equipment shall be provided during aquatic activities and shall be immediately accessible in case of an emergency. All child-caring agencies with swimming pools, spas or near open water hazards must have lifesaving equipment availble and accessible in case of an emergency. Minimum equipment shall include the following:

1. A whistle or other audible signal device,

2. A first aid kit; and,

3. A ring buoy, rescue tube, life jacket or other flotation device with a rope attached which is of sufficient length for the area.

(g) Life jackets shall be worn during all boating activities.

(h) Prior to any extended travel in any water craft, drills will be practiced to approximate man overboard and capsize situations.

(i) Above ground pools with steps or ladders shall have them secured, locked, or removed when the pool is not in use.

(j) Wading pools shall be set up and maintained according to the manufacturer’s instructions. Wading pools shall be emptied and stored when not in use and shall be filled with clean water before each use.

(6) Other Safety Measures.

(a) The facility shall have communication access available for use in the facility at all times by staff and youth. Methods of communication may include mobile or landline telephones, computers for video communication or conferencing, or mobile devices equipped to make phone calls. Emergency numbers, such as 911, poison control, and the Florida Abuse Hotline, shall be posted in a clear and conspicuous location in the facility.

(b) The executive director or program director and/or house parent shall be required to sign the “Acknowledgement of Firearms Safety Requirements” form CF-FSP 5343, February 2015, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13066.

(c) All pets must be assessed for any safety concerns involving interaction with children in the home.

(7) Disaster Preparedness and Evacuation Plan.

(a) Each licensed child-caring agency shall have a current written disaster preparedness and evacuation plan for each facility in the event of a natural or man-made disaster. The plan shall include:

1. An outline of the facility identifying all emergency exits;

2. The location to which the agency intends to relocate the children and caregivers;

3. Emergency contact information for caregivers and the director of the agency;

4. A process for notifying the community-based care lead agency when relocation is necessitated, to include out of state travel; and

5. A list of emergency supplies maintained at each facility.

(b) The disaster preparedness and evacuation plan shall be updated at re-licensure and whenever any changes are made during the licensure year.

(c) Each licensed child-caring agency shall follow the directives of its local emergency management center.

(d) The child-caring agency shall maintain ongoing communication with the regional licensing team throughout an evacuation until their safe return.

(e) The child-caring agency shall notify the regional licensing team within one (1) calendar day upon learning of any structural damages to the property or building, including loss of electricity and water.

(f) The regional licensing team is responsible for conducting an on-site visit, within five (5) business days or as soon as it is safe to do so in the event travel is restricted, to inspect and assess any damages prior to children re-occupying the property. 

(g) The child-caring agency shall develop a plan to shelter-in-place in the event of an emergency that requires the facility to lockdown.

(8) Communicable Disease Prevention and Preparedness

(a) The child-caring agency shall develop policies and procedures outlining admission criteria, prevention measures to prevent the spread of a pandemic or epidemic, accommodations for visitation and schooling, capacity and ratio, plans for emergency volunteers, and safety measures for children and staff.

(b) In the event of a pandemic or epidemic, the child-caring agency may utilize resources issued by the Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), Florida Department of Health (DOH), or other health entity responsible for the prevention and control of disease in the community. The child-caring agency shall escalate any conflicting resources to the Regional Licensing Authority. To limit the spread of germs and prevent infection such precautions include, but are not limited to:

1. Avoiding close contact with people who are sick;

2. Covering mouth and nose when coughing or sneezing to prevent others from getting sick;

3. Washing your hands often to protect from germs;

4. Avoid touching your eyes, nose, or mouth;

5. Clean and disinfect frequently touched objects and surfaces; and

6. Practicing good hygiene habits. 

(c) The child-caring agency shall ensure all youth have up to date consent forms for medical care and treatment.

(9) Food Service.

(a) The child-caring agency shall have a procedure for the overall management of the food service. All menus shall be approved by a registered dietitian for nutritional adequacy every two years for the particular population of the group home. Residential programs participating in the United States Department of Agriculture Food and Nutrition Service shall be considered to have met this requirement.

(b) The child-caring agency shall serve staff members and the children in care the same food, except when age or special dietary requirements dictate differences. Staff on duty shall eat their meals with the children.

(c) All child-caring agencies shall serve three (3) well-balanced meals a day in the morning, noon, and evening and provide snacks between meals. When children are attending school, working outside of the facility or are not present in the facility during mealtime, the child-caring agency shall ensure that the children receive meals.

(d) Facilities shall retain their menus for a six (6) month period which shall be available for review by the Department.

Rulemaking Authority 409.175(5) FS. Law Implemented 409.175(5)(b)2., 3. FS. History–New 7-1-87, Formerly 10M-9.019, Amended 6-3-12, 10-20-16, 1-2-18, 5-26-21.