reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-9 - PUBLIC SWIMMING POOLS AND BATHING PLACES › Section 64E-9.016 - Variances

Current through Reg. 50, No. 138; July 16, 2024
A variance from requirements of these rules may be requested
				  by the pool owner or their representative to relieve or prevent hardship only
				  in cases involving deviations from the rule, when it is shown that the hardship
				  was not caused intentionally by the action of the applicant, where no
				  reasonable alternative exists and the health and safety of the pool patrons is
				  not at risk. Application for variance shall be submitted through the county
				  health department utilizing DOH Form 4080, Application for Variance from
				  Chapter 64E-9, F.A.C., 07/08, which is incorporated by reference and available
				  at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06981
.
				  Each application can be accompanied by supportive materials such as drawings,
				  pictures or manufacturer's specifications and a fee must be paid in accordance
				  with subsection  64E-9.015(2),
				  F.A.C. Applications must be received by the county health department at least
				  30 days prior to the scheduled meeting of the Governor's Swimming Pool Advisory
				  Board. Walk-in applications at the Board meeting may be reviewed only if there
				  is time available as determined by the Chair. Each walk-in applicant must
				  provide evidence they: have paid the variance fee to the county health
				  department, have received a department review of the application, and applicant
				  provides eight full sets of the application package to the
				  Board.
Rulemaking Authority
					 381.006,
					 514.0115,
					 514.021 FS. Law Implemented
					 514.0115,
					 514.021,
					 514.028,
					 514.051,
					 514.06
					 FS.
New 10-5-93, Formerly 10D-5.145, Amended 12-27-98, 5-24-09,
					 7-20-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-9 - PUBLIC SWIMMING POOLS AND BATHING PLACES › Section 64E-9.017 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
Any public pool can be immediately posted closed by the
				  department as not being in compliance with this chapter whenever any of the
				  following conditions occur:
(1)
(a) The disinfectant level is below the
				minimum or above the maximum that is prescribed in this chapter.
(b) The pH of the pool water is below 7.2 or
				above 7.8.
(c) The clarity of the
				pool water is such that the main drain grate is not readily visible from the
				pool deck.
(d) The recirculation
				system or disinfection feeding equipment is missing or not
				functioning.
(e) Any portion of the
				anti-entrapment system is missing or not functional, or a main drain
				cover/grate is missing, unsecured, improperly secured, damaged, or does not
				meet the requirements of this chapter by the dates specified.
(f) Operation without a valid
				permit.
(g) Direct suction exists
				on the main drain or other outlets, except vacuum fittings, automatic surface
				skimmer(s), and their equalizer grates provided the flow velocity through the
				equalizer grate does not exceed 1.5 feet per second, or the corrective actions
				specified in this chapter and Section
				 514.0315, F.S., are not
				completed by dates specified.
(h)
				Any other conditions which endangers the health, safety, or welfare of persons
				using the pool, which may include, but is not limited to: a drowning hazard,
				broken glass, sharp edged or broken tile or metal, fecal accident(s),
				electrical code violation, or severe biological growth. The department may
				attach a sign that states "Pool Closed. This pool is not in compliance with
				Chapter 64E-9, F.A.C., and may endanger the health, safety or welfare of
				persons using this facility." With the department's permission, the pool
				operator may remove signs from the pool area immediately following correction
				of the cited deficiencies provided the county health department is notified of
				this action.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-9 - PUBLIC SWIMMING POOLS AND BATHING PLACES › Section 64E-9.018 - Public Pool Service Technician Certification

Current through Reg. 50, No. 138; July 16, 2024
An individual who services a public pool by maintaining the
				  cleanliness, water quality and chemical balance of public pools shall be
				  certified. To be certified an individual must demonstrate knowledge of public
				  pools. Examples of such knowledge include: pool cleaning, general pool
				  maintenance, make-up water supply, bacteriological, chemical and physical
				  quality of water and water purification, testing, treatment, and disinfection
				  procedures. To ensure that the pool technicians are knowledgeable, said
				  technician shall attend a training course of national recognition that is
				  approved by the department of at least 16 hours in length and shall pass a test
				  acceptable to the department. Certification is conferred upon an individual and
				  is nontransferable. Certification does not imply any licensure and specifically
				  not that of contractor as regulated by the Department of Business and
				  Professional Regulation under Section
				   489.105(3)(j), (k), or
				  (l), F.S. A certified pool technician may not
				  affect the structural integrity of the pool or equipment, and shall not
				  delegate work to others, including employees, that are not themselves certified
				  under this section, or otherwise exempt from this provision per Chapter 514,
				  F.S.
(1) Training shall include the
				following study topics for the hours indicated:
(a) Swimming pool calculations 1
				hour;
(b) Filter type and
				filtration circulation 4 hours;
(c)
				Water chemistry - balancing & testing 5 hours;
(d) Spas and warm water pools 1
				hour;
(e) Pool and spa maintenance
				2 hours;
(f) Operational and safety
				requirements 2 hours; and,
(g)
				State health code Chapter 64E-9, F.A.C., 1 hour.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-10 - SANITARY PRACTICES FOR TOILETS AND WASHROOMS IN PUBLIC PLACES AND PLACES OF EMPLOYMENT › Section 64E-10.001 - General

Current through Reg. 50, No. 138; July 16, 2024
(1) Toilets and washrooms shall be accessible
				to the public and employees, when the public place or place of employment is
				open and operating.
(2) The
				following sanitary practices shall be used for the operation and maintenance of
				toilets and washrooms in public places and places of employment:
(a) Floors and plumbing fixtures shall be
				cleaned and disinfected as needed, but no less than once a day;
(b) Plumbing fixtures and plumbing shall be
				maintained in good working order and free from chips, cracks, leaks, waste
				back-up, or seepage;
(c) Toilets
				and washrooms shall be furnished with soap, preferably liquid type, and
				single-use towels with a waste receptacle or a towel free automatic hand-drying
				device. The use of a common towel is prohibited; and,
(d) Each toilet shall be provided with toilet
				tissue and dispenser.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-10 - SANITARY PRACTICES FOR TOILETS AND WASHROOMS IN PUBLIC PLACES AND PLACES OF EMPLOYMENT › Section 64E-10.002 - Special Requirements

Current through Reg. 50, No. 138; July 16, 2024
Wherever temporary housing is provided to more than 60 people
				  who are homeless as a result of displacement from their homes either by
				  immigration, natural disaster, or financial hardship, the temporary housing
				  facility shall provide a minimum of 1 toilet, 1 handwashing sink, and 1 shower
				  for each 20 people or fraction thereof.
Rulemaking Authority
					 381.006 FS. Law Implemented
					 381.006(15)
					 FS.
New 10-18-89, Amended 7-22-92, 7-3-94, 8-7-96, Formerly
					 10D-10.041, Amended 12-2-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-10 - SANITARY PRACTICES FOR TOILETS AND WASHROOMS IN PUBLIC PLACES AND PLACES OF EMPLOYMENT › Section 64E-10.003 - Cleanliness and Maintenance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0011(13),
					 381.006(14) FS.
					 Law Implemented 381.006(6)
					 FS.
New 10-18-89, Amended 8-7-96, Formerly 10D-10.044, Repealed
					 12-2-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-10 - SANITARY PRACTICES FOR TOILETS AND WASHROOMS IN PUBLIC PLACES AND PLACES OF EMPLOYMENT › Section 64E-10.004 - Soap, Towels and Toilet Tissue (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0011(13),
					 381.006(14) FS.
					 Law Implemented 381.006(6)
					 FS.
New 10-18-89, Amended 8-7-96, Formerly 10D-10.047, Repealed
					 12-2-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.001 - Food Hygiene - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 381.0072
					 FS.
New 1-1-77, Formerly 10D-13.21, Amended 2-21-91, Retained
					 here and Transferred to 7C-4.008, Amended 6-1-93, 8-28-96, Formerly 10D-13.021,
					 Repealed 12-29-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Unless defined below, terms and phrases have the same
				  definition provided in paragraph 1-201.10(B), Food Code, 2013 Recommendations
				  of the United States Public Health Service, Food and Drug Administration, NTISP
				  PB2013-110462 ("Food Code"). The Food Code is incorporated by reference and
				  available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09894
.
(1) "Adulterated" - Food shall be considered
				to be adulterated:
(a) If it bears or contains
				any poisonous or deleterious substance which may render it injurious to health;
				but in case the substance is not an added substance such food shall not be
				considered adulterated under this clause if the quantity of such substance in
				such food does not ordinarily render it injurious to health, or
(b) If it bears or contains any added
				poisonous or added deleterious substance, other than one which is a pesticide
				chemical in or on a raw agricultural commodity, which in or on the raw
				agricultural commodity has been removed to the extent possible in good
				manufacturing practice, and the concentration of such residue in the processed
				food when ready to eat, is not greater than the tolerance prescribed for the
				raw agricultural commodity, or
(c)
				If it consists in whole or in part of a diseased, contaminated, filthy, putrid,
				or decomposed substance, which renders it unfit for consumption, or
(d) If it has been produced, prepared, packed
				or held under insanitary conditions whereby it may become contaminated with
				filth, or whereby it may have been rendered diseased, unwholesome, or injurious
				to health, or
(e) If it is the
				product of a diseased animal, an animal which has died otherwise than by
				slaughter, or an animal that has been fed the uncooked offal from a slaughter
				house, or from other food establishments, or
(f) If its container is composed, in whole or
				in part, of any poisonous or deleterious substance which may render the
				contents injurious to health.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.003 - Food Hygiene Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Food
				Supplies - Except as specifically provided in this subsection, the standards
				for food supplies are governed by Part 3-2 of the Food Code, as incorporated by
				reference in rule  64E-11.002, F.A.C.
(a) Food received or used in food service
				establishments must be from sources approved or considered satisfactory by the
				department and must be clean, wholesome, free from spoilage, adulteration and
				misbranding, and safe for human consumption. Food must have been prepared,
				processed, handled, packaged, transported and stored in a sanitary manner so as
				to be protected from contamination and spoilage.
(b) Meat and meat products received or used
				in a food service establishment shall be identified as having been officially
				inspected for wholesomeness and sanitation by a federal or state regulatory
				program.
(c) Food prepared in a
				private home shall not be used, sold, or offered to the public by a food
				service establishment or theater.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.004 - Food Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 120.542,
					 381.0072
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.24, Amended
					 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.011, Amended 6-1-93,
					 8-28-96, Formerly 10D-13.024, Amended 3-15-98, 7-14-03, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.005 - Personnel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 381.0072
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.25, Amended
					 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.012, Amended 6-1-93,
					 Formerly 10D-13.025, Amended 3-15-98, 7-14-03, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.006 - Food Equipment and Utensils (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 381.0072
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.26, Amended
					 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.013, Amended 6-1-93,
					 8-28-96, Formerly 10D-13.026, Amended 3-15-98, 7-14-03, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.007 - Sanitary Facilities and Controls (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.006,
					 381.0072 FS. Law Implemented
					 381.006,
					 381.0072
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.27, Amended
					 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.014, Formerly
					 10D-13.027, Amended 3-15-98, 7-14-03, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.008 - Other Facilities and Operations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.006,
					 381.0072 FS. Law Implemented
					 381.006,
					 381.0072
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.28, Amended
					 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.015, Amended 8-28-96,
					 Formerly 10D-13.028, Amended 3-15-98, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.009 - Temporary Food Service Events (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 381.0072
					 FS.
New 6-1-93, Formerly 10D-13.0292, Amended 3-15-98, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.010 - Vending Machines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0072 FS. Law Implemented
					 381.0072
					 FS.
New 6-1-93, Formerly 10D-13.0331, Amended 3-15-98, Repealed
					 9-26-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.011 - Procedure When Infection Is Suspected

Current through Reg. 50, No. 138; July 16, 2024
When the department has reasonable cause to suspect
				  possibility of disease transmission from any food service establishment
				  employee, the department shall secure a morbidity history of the suspected
				  employee, or make other such investigation as may be indicated and take
				  appropriate action. The department may require any or all of the following
				  measures:
(1) Immediate exclusion of
				the employee from all food service establishments.
(2) Immediate closure of the food service
				establishment concerned until, in the opinion of the department, no further
				danger of disease outbreak exists.
(3) Restriction of the employee's service to
				some area of the establishment where there would be no danger of transmitting
				the disease.
(4) Adequate medical
				and laboratory examination of the employee or other
				employees.
Rulemaking Authority
					 381.006,
					 381.0072(2) FS.
					 Law Implemented 381.006,
					 381.0072(2)
					 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.36, Amended
					 2-21-91, Retained here and Transferred to 7C-4.022, Formerly
					 10D-13.036.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.013 - Sanitation Certificates and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Sanitation Certificate Required.
(a) All food
				service establishment sanitation certificates expire on September 30. Initial
				sanitation certificates issued for a period less than a calendar year will be
				prorated on a quarterly basis, in accordance with section
				 381.0072(4),
				F.S.
(b) Food service
				establishments containing multiple food operations housed in the same building,
				at the same location, under the same ownership and operation or concession
				stands operating on the premise of K-12 schools, must function according to
				either one of the following:
1. Each food
				operation must operate under the umbrella of the sanitation certificate issued
				to the main food service operation, in which case the sanitation certificate
				must be posted in a conspicuous location at the main food service
				establishment, or
2. Each food
				operation must be issued its own individual sanitation certificate, in which
				case each food service establishment must post their own sanitation certificate
				in a conspicuous location in their establishment. The owner or operator of the
				food service establishment must decide which of the sanitation certificate
				processes listed above, will be followed.
(c) Food service establishments where
				multiple food operations are located in different buildings at the same
				location regardless of ownership must each be issued their own individual
				sanitation certificate, in which case each such food operation must post their
				own sanitation certificate in a conspicuous location in their food service
				operation. School concession stands under the same ownership, may elect to
				comply with the provisions of subparagraph (b)1. Regardless of location,
				provided that the school concession stands are located on the same premises and
				there are no more than four concession stand operations.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-11 - FOOD HYGIENE › Section 64E-11.015 - Afterschool Meal Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Facilities
				participating in the United States Department of Agriculture (USDA) Afterschool
				Meal Program, which are not used for any other food service operation or for
				multiple USDA Afterschool Meal Programs, shall comply with all applicable
				sanitary requirements of this chapter when minimum standards are not specified
				in this section.
(2) Food
				preparation sink - The sanitizing compartment of a two or three compartment
				sink may be used as a food preparation sink provided that the Afterschool Meal
				Program entity has a written procedure of use, which has been approved by the
				Department prior to the implementation of the procedure. At minimum, the
				written procedures shall:
(a) Ensure the third
				compartment is clean to the sight and touch and sanitized, prior to and after
				use as a food preparation sink;
(b)
				Ensure no other sink compartment(s) is used for any other purpose while the
				sink is in use as a food preparation sink;
(c) Ensure only workers, who have been
				trained on the procedure, use the sink for food preparation; and,
(d) Ensure the approved procedure is posted
				at the sink.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.001 - General

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule chapter prescribes sanitary
				practices relating to construction, operation and maintenance of community
				based residential facilities. If a requirement in this rule chapter conflicts
				with a specific requirement in any other Florida state licensing agency's rule,
				then that agency's standards shall prevail and will be addressed by that
				agency's officials.
(2) Base camps
				of wilderness programs shall be exempt from subsections (6) and (7), of Rule
				 64E-12.005, F.A.C., of this
				chapter, and the mobile components of wilderness programs shall be exempt from
				all sections of this rule.
(3)
				Personal services may be provided to the residents through coordinated
				outsourcing by the community based residential facility or by a contract
				provider.
Rulemaking Authority
					 381.006,
					 381.006(16) FS.
					 Law Implemented 381.006(16), 386 FS.
New 6-18-87, Formerly 10D-23.001, Amended
					 1-20-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.003 - Water Supply

Current through Reg. 50, No. 138; July 16, 2024
(1) Water supplies
				shall be adequate to serve the demands of the facility and shall be
				constructed, operated and maintained in accordance with requirements of
				Chapters 62-550 and 62-555 or 64E-8, Florida Administrative Code (F.A.C.).
(a) Routine Testing. Facilities served by a
				drinking water system not regulated by Chapter 64E-8 or 62-550, F.A.C., shall
				test the water and submit bacteriological water test results to the local
				county health department (CHD):
1. Before
				opening the facility,
2. At least
				every 12 months,
3. Upon
				relocation,
4. Before having the
				well placed in service after construction, repair, or modification,
				or
5. After an emergency situation,
				such as a flood, that may introduce contaminants to the
				system.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.004 - Food Service: Tiers and Catering

Current through Reg. 50, No. 138; July 16, 2024
There are three tiers of food service, each with different
				  minimal requirements based on facility type or the number of residents in care.
				  Only one tier of service as listed in subsections (1)-(3), below, will be
				  applied to any facility. Facilities receiving or providing catered food must
				  meet applicable standards as described in subsection (4), below.
(1) Tier 1. 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:
(a) Food used in the facility shall be clean,
				wholesome, free from spoilage and safe for human consumption. Home canned food
				shall not be used. Canned food shall be from sources that are approved by
				law.
(b) The facility shall protect
				the food from dust, flies, rodents and other vermin, toxic materials, unclean
				equipment and utensils, unnecessary handling, coughs and sneezes, flooding by
				sewage, overhead leakage and all other sources of contamination at all times
				during storage, food preparation, transportation both on and off premises, and
				service.
(c) Food storage equipment
				shall be provided to keep all potentially hazardous foods at safe temperatures,
				41° Fahrenheit or below or 140° Fahrenheit or above, except during
				necessary periods of preparation and service. Potentially hazardous food shall
				not have been out of temperature more than 4 cumulative hours during the course
				of thawing, preparation, service and cooling.
(d) At least one sink with hot and cold
				potable water under pressure shall be provided in the food preparation
				area.
(e) Refrigeration units and
				hot food storage units used for the storage of potentially hazardous foods
				shall be provided with a numerically scaled indicating thermometer accurate to
				plus or minus 3°F. The thermometer shall be located in the warmest or
				coldest part of the units as may be applicable and of such type and so situated
				that the temperature can be easily and readily observed.
(f) Labeling and Dating. Food containers
				shall be labeled with their contents and labels shall correctly identify the
				contents of the container. Potentially hazardous foods and potentially
				hazardous foods that are in a form which is edible without washing, cooking, or
				additional preparation, including previously cooked foods such as leftovers,
				must be stored in accordance with the date marking and disposition requirements
				of subsections  64E-11.004(14) and
				(15), F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.005 - Housing

Current through Reg. 50, No. 138; July 16, 2024
(1) 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.
(2) Floors, walls, ceilings, windows, doors
				and all appurtenances of the structures shall be of sound construction,
				properly maintained, easily cleanable and shall be kept clean.
(a) Floor surfaces shall be of non-slip type
				and maintained free of loose or broken tiles and boards, holes, uneven
				projections, protruding nails, tears, splinters, water spillage and other
				tripping hazards. Bathtubs and showers shall contain slip-resistent strips,
				slip-resistent rubber bath mats, or slip-resistent surfaces.
(b) Wall surfaces shall be maintained free of
				hazardous projections, splinters, loose moldings, and broken plaster.
(c) Overhead surfaces shall be free of water
				damage, loose, missing or broken tiles, plaster, lath, or loose hanging
				fixtures, pipes and electric wiring.
(d) All external windows designed to open
				shall be accessible and operable.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.006 - Vector and Vermin Control

Current through Reg. 50, No. 138; July 16, 2024
(1) 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.
(2) The creation,
				maintenance or causing of any condition capable of propagating vectors and
				vermin will not be permitted. All building shall be effectively maintained
				rodent-proofed and rodent free. All outside openings shall be effectively
				sealed or screened with 16 mesh screening or equivalent, to prevent entry of
				insects, rodents, or other vectors and vermin, except in wilderness programs
				when mosquito netting is provided to each resident.
Rulemaking Authority
					 381.006,
					 381.006(16) FS.
					 Law Implemented 381.006,
					 381.006(16)
					 FS.
New 6-18-87, Amended 8-7-96, Formerly 10D-23.010, Amended
					 1-20-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.007 - Bedding, Towels, Clothing and Personal Items

Current through Reg. 50, No. 138; July 16, 2024
Beds, mattresses and bedding shall be provided and kept in
				  good repair and shall be cleaned regularly. Mattresses and pillows shall have
				  cleanable covers which shall be cleaned between uses by different residents.
				  Sheets, towels and personal clothing shall be washed at least weekly. Blankets
				  shall be washed or dry cleaned as necessary and between uses by different
				  residents. Blankets, sheets, towels and clean clothing shall be stored in a
				  clean, dry place between laundering and use. Separate, individually assigned
				  spaces shall be provided for storage of personal items and toiletries. The use
				  of common towels is prohibited.
Rulemaking Authority
					 381.006(16) FS.
					 Law Implemented 381.006(6),
					 (16)
					 FS.
New 6-18-87, Formerly
					 10D-23.011.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.008 - Laundry

Current through Reg. 50, No. 138; July 16, 2024
(1) Where laundry facilities are provided,
				they shall be adequate to ensure 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. Adequate space shall be provided for the
				complete separation of clean and soiled clothing, linen and towels.
(2) 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 they have been thoroughly
				cleaned and sanitized.
Rulemaking Authority
					 381.006,
					 381.006(16) FS.
					 Law Implemented 381.006,
					 381.006(16)
					 FS.
New 6-18-87, Formerly 10D-23.012, Amended
					 1-20-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.009 - Medications, Alcohol, Poisonous or Toxic Substances

Current through Reg. 50, No. 138; July 16, 2024
(1) Poisonous or toxic substances are to be
				stored apart from food and other areas that would constitute a hazard to the
				residents. All containers containing poisonous or toxic substances must be
				clearly labled to indicate their contents.
(2) All toxic, poisonous, and alcoholic
				substances shall be kept in locked areas, such as a locked office, locked
				cabinet, or locked cupboard at all times when not in use. This does not apply
				to alcoholic beverages. Alcoholic beverages shall be kept out of a child's
				reach.
(3) Medications shall be
				kept in locked areas, such as a locked office, locked cabinet, or locked box at
				all times when not in use. This is in addition to a childproof medicine bottle
				cap, lid, or other packaging. Exceptions are extended to adults capable of
				self-medication, life saving medications such as epinephrine pens, insulin,
				nitro glycerin, or asthma inhalers that may be needed by the resident who is
				capable of self-medication in an emergency due to illness or disease. Medicine
				containers or packaging must be clearly labeled indicating the prescribed
				individual's name and its contents. Medications requiring refrigeration or
				which are stored in a food service or food storage area, shall be stored in
				such a manner that they do not pose a contamination hazard to
				food.
Rulemaking Authority
					 381.006,
					 381.006(16) FS.
					 Law Implemented 381.006,
					 381.006(6),
					 (16)
					 FS.
New 6-18-87, Formerly 10D-23.013, Amended
					 1-20-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.010 - Garbage and Rubbish

Current through Reg. 50, No. 138; July 16, 2024
(1) All garbage,
				trash and rubbish shall be collected daily and placed in storage facilities.
				Garbage shall be removed from storage facilities frequently enough to prevent a
				sanitary nuisance, as defined in Chapter 386, F.S. Wet garbage shall be
				collected and stored in impermeable, leak proof, fly tight containers pending
				disposal. All containers, storage areas and surrounding premises shall be kept
				clean and free of vermin.
(2) The
				method of disposal shall not create sanitary nuisance conditions and shall
				comply with provisions of Chapter 62-701, F.A.C.
Rulemaking Authority
					 381.006(16) FS.
					 Law Implemented 381.006(6),
					 (16)
					 FS.
New 6-18-87, Amended 8-7-96, Formerly
					 10D-23.014.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.011 - Recreational Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) The recreational
				area shall be safe and free from hazardous conditions. Recreational equipment
				shall have no jagged or sharp projections or other hazardous construction, and
				shall be maintained in a structurally sound condition.
(2) Outdoor recreational areas shall be well
				drained and kept free of litter and trash.
(3) If swimming pools, spas, or open water
				hazards are located on the property of a community based residential facility,
				the facility shall provide direct supervision by an adult employee when in use
				or when the area is occupied by minors and other residents that cannot swim.
				The individual responsible for supervision during water activites or near water
				hazards must have successfully completed the community water safety course
				specified in paragraph (b), below.
(a) A
				wading or kiddy pool is not allowed.
(b) All community based residential
				facilities with swimming pools, spas, or open water hazards must have a person
				on staff who has completed a community water safety course administered by the
				American Red Cross, YMCA, or any aquatic training program granted approval
				under paragraph  64E-9.008(1)(d),
				F.A.C.
(c) 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.
(d) Water safety devices shall be provided
				for residential pools. A shepherd's hook shall be provided securely attached to
				a one piece pole not less than 16 feet in length, and at least one 18 inch
				diameter lifesaving ring with sufficient rope attached to reach all parts of
				the pool from the pool deck. Safety equipment shall be mounted in a conspicuous
				place and be readily available for use. Residential spas and hot tubs are
				exempt from this requirement.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.012 - Radon Testing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 404.056(4),
					 (6),
					 381.006 FS. Law Implemented
					 404.056(4),
					 381.006(16)
					 FS.
New 1-20-08, Repealed
					 12-29-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-12 - COMMUNITY BASED RESIDENTIAL FACILITIES › Section 64E-12.013 - Animal Health and Safety

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Animals requiring rabies vaccination under Section
				 828.30, F.S., must be vaccinated
				for rabies and their vaccinations must be current at the time of inspection.
				Proof of rabies vaccination or veterinary certification of vaccination
				exemption shall be kept on the premises at all times.
(2) All animals must be kept in good health
				and free from disease or under treatment by a licensed veterinarian. Indoor
				animals frequenting the outside must have an annual screening for internal
				parasites by a licensed veterinarian. Any animal positive for internal
				parasites must be treated appropriately by the licensed veterinarian. Animals
				being kept or having access to the indoors must be treated for flea control
				throughout the year to prevent infestations.
(3) Aggressive, venomous, or potentially
				dangerous animals must be restricted from access by the residents at all times
				and kept in such a manner so as not to be able to become free roaming and cause
				or inflict harm to the residents, visitors, or employees. These animals may not
				be housed in the residents' sleeping quarters.
Rulemaking Authority
					 381.006(6),
					 (16) FS. Law Implemented
					 381.006(6),
					 (16)
					 FS.
New 1-20-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-13 - SCHOOL SANITATION › Section 64E-13.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.006(16) FS.
					 Law Implemented 381.006(6), (16), 386
					 FS.
New 1-1-77, Formerly 10D-24.21, Amended 8-7-96, Formerly
					 10D-24.001, Repealed 4-27-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-13 - SCHOOL SANITATION › Section 64E-13.004 - Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.006(16) FS.
					 Law Implemented 381.006(6), (16), 386
					 FS.
New 1-1-77, Formerly 10D-24.24, Amended 8-7-96, Formerly
					 10D-24.004, Repealed 4-27-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.001 - Migrant Farmworker Housing - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.006(5),
					 381.0086 FS. Law Implemented
					 381.0081
					 FS.
New 1-1-77, Amended 10-7-84, Formerly 10D-25.51, Amended
					 8-6-92, 11-17-94, Formerly 10D-25.051, Repealed
					 12-29-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.003 - Construction Procedures, Variances

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notice of Construction. Any and each person who is planning to construct,
				enlarge, remodel and occupy, or use a migrant labor camp or residential migrant
				housing or to convert a property for use or occupancy as a migrant labor camp
				or residential migrant housing shall give notice in writing of intent to do so
				to the department at least 45 days before the date of beginning such
				construction, enlargement or renovation. The notice shall give the location of
				the property within that county, a proposed construction plan, enlargement or
				renovation drawn to scale for the department to determine compliance with all
				rules and the name and mailing address of the person giving the notice. The
				plan shall include the location and description of the type of water supply and
				sewage disposal systems if the facility is not planned for connection to
				municipal systems.
(2) Variances. A
				person may apply for a permanent, structural variance from specific standard(s)
				by filing an application for such a variance with the Department of Health. The
				variance request shall be in writing and it must:
(a) Clearly specify the standard(s) from
				which the variance is desired;
(b)
				Provide adequate justification that the variance is necessary to obtain a
				beneficial use of an existing facility, and to prevent a practical difficulty
				or unnecessary hardship; and,
(c)
				Clearly set forth the specific alternative measures that the owner or operator
				has taken to protect the health and safety of occupants and adequately show
				that such alternative measures have achieved the same result as the standard
				from which the variance is sought.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.005 - Application and Variance Fees

Current through Reg. 50, No. 138; July 16, 2024
The following application fees for migrant labor camp and
				  residential migrant housing operations shall be assessed annually, with the
				  exception of those facilities meeting the criteria in subsection (4), of this
				  rule:
(1) Camps or housing with
				facilities for 5 to 50 occupants: $125.00.
(2) Camps or housing with facilities for 51
				to 100 occupants: $225.00.
(3)
				Camps or housing with facilities for 101 or more occupants: $500.00.
(4) Migrant labor camps and residential
				migrant housing, which have been newly constructed and those which have been
				substantially renovated are exempt from the annual application fee required in
				this rule for the next annual permit after the renovation or construction
				occurred. The owner or operator of a mobile home/RV park as defined in Chapter
				513, F.S., that is also regulated as migrant farmworker housing, shall only be
				required to pay a single park fee, unless there have been major deficiencies or
				uncorrected deficiencies cited by the department, or administrative action
				taken within the past year regarding the requirements for migrant labor camps
				and residential migrant housing set forth in Chapter 381, F.S., in which case
				the applicant shall pay the fee required in Section
				 381.0084, F.S.
(5) Permitted migrant labor camps and
				residential migrant housing are exempt from the application fee when the
				following three conditions have been met during the inspection year:
(a) Had no uncorrected violations after
				reinspection by the department:
(b)
				Had no pending administrative complaint or citation final orders;
(c) Had no major deficiencies cited by the
				department.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.006 - Sites

Current through Reg. 50, No. 138; July 16, 2024
(1) All sites shall be well drained, free
				from standing water, and maintained to inhibit the breeding of mosquitoes.
				Natural sinkholes, swamps, pools, or other surface collections of water are not
				allowed within 200 feet of the periphery of the outermost building, unless such
				quiescent water surfaces can and will be subjected to mosquito control
				measures. A government created surface water diversion pool built within 200
				feet of the outermost shelter after the origination of the housing shall not
				disqualify the housing from meeting this location standard.
(2) Structures in which food is prepared or
				served and where sleeping quarters are located shall be more than 500 feet from
				any area where livestock is kept.
(3) All shelter sites shall be adequate in
				size to permit locating of buildings so as to minimize the hazards of
				fire.
(4) Roads - Roads shall be
				designed and maintained to accommodate in a safe manner the vehicles accessing
				the facilities.
Rulemaking Authority
					 381.006,
					 381.0086 FS. Law Implemented
					 381.0086
					 FS.
New 1-1-77, Amended 10-7-84, Formerly 10D-25.57, Amended
					 8-6-92, 11-17-94, Formerly 10D-25.057, Amended
					 9-30-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.008 - Water Supply

Current through Reg. 50, No. 138; July 16, 2024
(1) An approved or
				permitted supply of potable water under pressure that conforms with the
				requirements of Chapters 62-550, 62-555, and 62-560, or 64E-8, F.A.C., shall be
				available at all times during occupancy in each migrant labor camp and
				residential migrant housing for drinking, culinary, bathing, dishwashing, and
				laundry purposes.
(2) The water
				supply shall be capable of providing at least 50 gallons per person per
				day.
(3) Adequate facilities for
				providing hot water at a minimum 110 degrees Fahrenheit for bathing and
				dishwashing purposes shall be available at all times during periods of
				occupancy.
Rulemaking Authority
					 381.006(5),
					 381.0086 FS. Law Implemented
					 381.0086
					 FS.
New 1-1-77, Amended 10-7-84, Formerly 10D-25.59, Amended
					 8-6-92, 11-17-94, Formerly 10D-25.059.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-14 - CAMPS › Section 64E-14.009 - Garbage and Refuse Disposal

Current through Reg. 50, No. 138; July 16, 2024
(1) Garbage
				shall be retained in cleanable, watertight receptacles of impervious material
				which are provided with tight fitting covers suitable to protect the contents
				from flies, insects, rodents and other animals. Receptacles shall be provided
				in sufficient quantity to store garbage from all buildings and housing
				units.
(2) Garbage containers shall
				be kept clean and shall be emptied on a regular basis, but not less than twice
				weekly.
(3) Provisions shall be
				made for disposing of the garbage, kitchen wastes and other refuse in
				accordance with Chapter 62-701, F.A.C., and local codes, as
				applicable.
Rulemaking Authority
					 381.006,
					 381.0086 FS. Law Implemented
					 381.0086
					 FS.
New 1-1-77, Amended 10-7-84, Formerly 10D-25.60, Amended
					 8-6-92, 11-17-94, Formerly 10D-25.060, Amended
					 9-30-08.