61C-3.001: Sanitation and Safety Requirements
PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to clarify the requirements for the sanitation notice to guests; remove the requirement that newly constructed or extensively remodeled public lodging establishments comply with the more stringent and costly Food Code sanitation requirements relating to glassware, tableware, and utensils. The proposed rule will allow public lodging establishments to continue to comply with sanitation requirements by using ordinary household dishwashers in lieu of installing commercial dishwashers or three-compartment sinks. The proposed rule also adopts minimum requirements for approved locking devices and exempts licensed nontransient apartments from specific kitchen requirements.
SUMMARY: The proposed rule clarifies the requirements for the sanitation notice to guests; removes more costly Food Code compliance for new or extensively remodeled public lodging establishments; replaces the National Fire Prevention Association’s NFPA 101, Life Safety Code, as the standard for approved locks with the appropriate section of the 2007 Florida Building Code; and specifies that establishments licensed as nontransient apartments are not subject to certain kitchen requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
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.
RULEMAKING AUTHORITY: 509.032, 509.2112 FS.
LAW IMPLEMENTED: 509.032, 509.211, 509.2112, 509.221 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, telephone: (850)488-1133, E-Mail: Michelle.Comingore@dbpr.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
61C-3.001 Sanitation and Safety Requirements.
The following requirements and standards shall be met by all public lodging establishments.
(1) Glassware, tableware, and utensils –
(a) No change.
(b) Any public lodging establishment which cannot comply with this provision shall post in a conspicuous place in each guest room where dishware, glassware, kitchenware or utensils are provided, a placard or sign which contains the following statement, or its equivalent: clearly states
“NOTICE TO GUESTS: Dishware, glassware, kitchenware and/or utensils have been provided in this room as a guest convenience. These items have been cleaned within this room or unit using ordinary household dishwashing facilities and agents. They have not been sanitized according to Federal and State standards for public food service establishments.”,” or equivalent language, in each guest room where such dishware, glassware, kitchenware or utensils are provided.
(c) Any public lodging establishment initiating new construction or extensive remodeling involving the construction of walls or plumbing fixtures in any area which would permit compliance with any portion of these requirements shall fully comply with the above requirements.
(2) Kitchen and kitchen equipment –
(a) Kitchen appliances and refrigeration equipment shall be kept clean, free from odors and in good repair. Refrigerators shall be properly drained. Kitchens shall be ventilated to minimize the occurrence of excessive heat, steam, condensation, vapors, objectionable odors, smoke, and fumes. Kitchens must also have at least 10 foot candles of light, sufficient and suitable cooking utensils, and adequate garbage receptacles.
(b) A kitchen sink with hot and cold running water under pressure is required.
(3) No change.
(4) Locks – An approved locking device for the purposes of Section 509.211, F.S., is a locking device that meets the requirements of chapter 10, section 1008.1.8 of the 2007 Florida Building Code: Building National Fire Protection Association 101 (NFPA 101), Life Safety Code, 2006 edition, as adopted by the Division of State Fire Marshal in Rule 69A-3.012, F.A.C., herein adopted by reference. Public lodging establishments as defined in paragraph 61C-1.002(4)(a), F.A.C., shall have at least one approved locking device which cannot be opened by a non-master guest room key on all outside and connecting doors. An approved locking device does not include a “sliding chain” or “hook and eye” type device.
(5) No change.
(6) Exemptions – Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1) of this rule. Establishments opting to provide any of the services listed in subsection (1) of this rule shall comply with the requirements described herein. Nontransient apartments are exempt from paragraph (2)(a) of this rule.
Rulemaking Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History–Amended 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly 7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96, 1-18-98, 8-12-08, 3-24-10,________.