64E-26.008: Laundry and Dry Cleaning
64E-26.013: Industries
64E-26.014: Plan Review
64E-26.015: Inspection of State and Local Detention Facilities
PURPOSE AND EFFECT: In 1996, The Department of Health and Rehabilitative Services (HRS), repealed Chapter 10D-7, Florida Administrative Code. In June, 2006, the First District Court of Appeal, affirmed the decision of a lower court, which held that HRS’ repeal of the chapter was an invalid exercise of delegated legislative authority. Chapter 10D-7, was thus revived by judicial determination.
Having been repealed before the 1996 and 1999 amendments to the Administrative Procedures Act, this chapter had not previously undergone the scrutiny required by Section 120.542, F.S., (1996-2004), to determine whether there was sufficient legislative authority for existing agency rules. Since the decision reversing the repeal of Chapter 10D-7, F.A.C., the Department of Health as the successor agency to HRS, has been involved in the process of reviewing what is now Chapter 64E-26, F.A.C., to determine if changes to these rules may be necessary. In the course of this review, the Department has determined that it is without statutory authority to implement Rule 64E-26.014, F.A.C., requiring the department to conduct plan reviews on detention facilities that are built or being remodeled, and Rule 64E-26.015, F.A.C., requiring inspection of state and local detention facilities. The department is also without statutory authority to implement the safety requirements in Rules 64E-26.008 and 64E-26.013, F.A.C.
Thus, the purpose of this proposed rulemaking is to repeal Rules 64E-26.014 and 64E-26.015, F.A.C., and to delete references to safety requirements in Rules 64E-26.008 and 64E-26.013, F.A.C., as they are in excess of the Department’s delegated legislative authority. The effect will be that the Department’s rules will be in compliance with the Administrative Procedure Act’s requirement that each rule of a state agency reflect a specific law the agency is required to implement, interpret, or make specific.
SUMMARY: The Department proposes repeal of Rules 64E-26.014 and 64E-26.015, F.A.C., as the Department has not been given authority by the legislature to perform plan reviews or to inspect state and local detention facilities. The department also proposes to delete references to safety standards related to threshold limit values in Rule 64E-26.008, F.A.C., and safety standards related to noise levels in Rule 64E-26.013, F.A.C.
SUMMARY 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: 381.006 FS.
LAW IMPLEMENTED: 381.006(6) 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: Leslie Harris, Environmental Administrator, Bureau of Community Environmental Health, Bin #A08, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1710. E-mail address is Leslie_Harris@doh.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
64E-26.008 Laundry and Dry Cleaning.
Where laundry facilities are provided, they shall be adequate to insure an ample quantity of clean clothing, bed linens and towels. Laundry facilities shall be of sound construction and shall be kept clean and in good repair. Laundry rooms shall be well lighted and properly ventilated. Clothes dryers and dry cleaning machines shall be vented to the exterior. Exposure to dry cleaning solvents shall not exceed threshold limit values set by the American Conference of Governmental Hygienists. If laundry facilities are not available, sheets and blankets shall be sent to commercial laundries.
Specific Authority 381.006 FS. Law Implemented 381.006(6) FS. History–New 11-18-76, Formerly 10D-7.08, Amended________.
64E-26.013 Industries.
Industrial areas shall be kept clean. Noise levels shall not exceed an average of 90dBA on a time weighted average for an eight (8) hour day as measured on the A scale of a sound level meter set at slow response, unless proper ear protection is provided. Thirty (30) foot candles of illumination shall be provided at task levels. Adequate ventilation shall be provided to prevent exposure to dust and toxic gases or fumes.
Specific Authority 381.006 FS. Law Implemented 381.006(6) FS. History–New 11-18-76, Formerly 10D-7.013, Amended________.
64E-26.014 Plan Review.
Specific Authority 381.006 FS. Law Implemented 381.006(6) FS. History–New 11-18-76, Formerly 10D-7.014, Repealed________.
64E-26.015 Inspection of State and Local Detention Facilities.
Specific Authority 381.006 FS. Law Implemented 381.006(6) FS. History–New 11-18-76, Formerly 10D-7.015, Repealed________.