Lodging Violations - Word Version
VIOL_TYP_CDE REF_TEXT
01-01-2 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. FOR REPORTING PURPOSES ONLY.
01-02-2 61C-1.004(9)(c) FAC Fire Hose Maintenance -- Inspections shall be made every 6 months to assure that the hose is in proper position on the racks and that all of the equipment is in place and in good condition. The hose shall be removed and re-racked at least annually and new gaskets installed in the couplings, both at the hose valves and at the nozzles if necessary. Where couplings are polished, care should be taken to see that polish used does not touch fabric of hose. FOR REPORTING PURPOSES ONLY.
01-03-2 61C-1.004(9)FAC&NFPA 10,1-5.1,3-1.4&3-5 Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. [Low] hazard . locations include guest room areas of hotels/motels, etc. [These locations shall be protected by the installation of potable fire extinguishers with a minimum rating of] 2-A10BC provided for each 3000 square feet of floor space on each level and installed so that the travel distance to any extinguisher shall not exceed 75 feet. On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accordance with Tables 3-2.1 and 3-3.1. FOR REPORTING PURPOSES ONLY.
01-05-2 NFPA 10, 1-6.10 Fire extinguishers shall not be obscured or obstructed from view. Except in large rooms and in certain locations where visual obstruction can not be completely avoided, a means shall be provided to indicate location. FOR REPORTING PURPOSES ONLY.
01-06-2 NFPA 10,1-6.5 Cabinets housing fire extinguishers shall not be locked. Except locked cabinets may be used provided they include means of emergency access. FOR REPORTING PURPOSES ONLY.
01-07-2 NFPA 10,1-6.10 Fire extinguishers having a gross weight not exceeding 40 LB.shall be installed so that the top of the fire extinguisher is not more than 5 ft. above the floor. Fire extinguishers having a gross weight greater than 40 LB (except wheeled type) shall be so installed that the top of the fire extinguisher is not more than 31/2 ft. above the floor. In no case shall the clearance between the bottom of the fire extinguisher and the floor be less than 4 inches. FOR REPORTING PURPOSES ONLY.
01-09-2 NFPA 10,1-6.2 Portable extinguishers shall be maintained in a fully charged and operable condition. FOR REPORTING PURPOSES ONLY.
01-10-2 NFPA 10, 4-4.1 Fire extinguishers shall be subjected to maintenance not more than one year apart. FOR REPORTING PURPOSES ONLY.
01-11-2 61C-1.004(9)(b) FAC 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 4A-21.241, FAC, herein adopted by reference. FOR REPORTING PURPOSES ONLY.
01-13-2 4A-21.241(2) FAC (2) Internal Record Tags, 6-year Maintenance. (a) An internal record tag shall be provided each time an extinguisher is opened for any type of service or for any purpose. The following types of extinguishers are excepted from this requirement: carbon dioxide extinguishers; halogenated vaporizing liquid fire extinguishers; external cartridge operated extinguishers; and extinguishers containing water. (b) The approved standard internal record tag shall be at least 1/2" x 3" on durable material either white or yellow in color with a pressure sensitive adhesive backing conforming to the standards of U.L. No. 969. (c) Internal record tags shall bear the following information: 1. Permit number of the person who performed the service. 2. Day, month and year that the service was performed.(d) A new internal record tag shall be provided for an extinguisher each time internal service is performed for any purpose. (e) Internal record tags shall be affixed in the following manner: 1. Any tag previously attached shall be removed prior to affixing a new tag. 2. The area to which the tag is to be adhered shall be cleaned to remove all residue of any kind, including old adhesive from a previously attached tag. FOR REPORTING PURPOSES ONLY.
01-15-2 NFPA 25, 3-2.1 Inspection. Components of standpipe and hose systems shall be visually inspected [annually] or as specified in Table 3-1. FOR REPORTING PURPOSES ONLY.
01-19-2 NFPA 25, 3-3.1.1 Flow Tests. A flow test shall be conducted at the hydraulically most remote hose connection of each zone of a standpipe system to verify the water supply still adequately provides the design pressure at the required flow. Where a flow test of the hydraulically most remote outlet(s) is not practical, the authority having jurisdiction shall be consulted for the appropriate location for the test. A flow test shall be conducted every 5 years. FOR REPORTING PURPOSES ONLY.
01-21-2 NFPA 25, 3-3.1.3 Standpipes, sprinkler connections to standpipes, or hose stations equipped with pressure reducing valves or pressure regulating valves shall have these valves inspected, tested, and maintained in accordance with the requirements of Chapter 9. FOR REPORTING PURPOSES ONLY.
01-22.12 NFPA 25, 3-3.1.4 A main drain test shall be performed on Class II or III standpipe systems in accordance with the requirements of Chapter 9. The test shall be performed at the low point drain for each standpipe or the main drain test connection where the supply main enters the building (when provided). Pressure gauges shall be provided for the test and shall be maintained in, accordance with 2-3.2. FOR REPORTING PURPOSES ONLY.
01-22.22 NFPA 25, 3-2.3 and 3-3 Table 3-2.3 shall be used for the inspection, testing, and maintenance of all classes of standpipe and hose systems. Testing. The tests shall be conducted by a qualified person. (See Section 1-5.) FOR REPORTING PURPOSES ONLY.
01-23-2 NFPA 25, 3-2.2 Checkpoints and corrective actions outlined in Table 3-2.3 shall be followed to determine that components are free of corrosion, foreign material, physical damage, tampering, or other conditions that could prevent operation. FOR REPORTING PURPOSES ONLY.
01-24-2 NFPA 25, 3-3.2.2 Hydrostatic Tests. Hydrostatic tests at not less than 200-psi pressure for 2 hours, or at 50 psi in excess of the maximum pressure, where maximum pressure is in excess of 150 psi, shall be conducted every 5 years on dry standpipe systems and dry portions of wet standpipe systems. FOR REPORTING PURPOSES ONLY.
01-26-2 NFPA 25, 3-3.3 Alarm Devices. Where provided, waterflow alarm and supervisory devices shall be tested on a quarterly basis. FOR REPORTING PURPOSES ONLY.
01-28.22 NFPA 25, 1-8 Records. Records of inspections, tests and maintenance of the system and its components shall be made available to the authority having jurisdiction upon request. Typical records include, but are not limited to, valve inspections; flow, drain, and pump tests; and trip tests of dry pipe, deluge, and preaction valves. FOR REPORTING PURPOSES ONLY.
01-30-2 NFPA 10, 5-2 Frequency. At intervals not exceeding those specified in Table 5-2, fire extinguishers shall be hydrostatically tested. FOR REPORTING PURPOSES ONLY.
01-31-2 69A-21.241(1) FAC Standard Service Tags, Specifications. (1) Service Tags, Annual Maintenance. (a) Approved standard service tags shall meet the following specifications and shall be arranged as indicated in Figure "A." In lieu of using the standard "tie-on" type service tag, a pressure sensitive label or decal meeting the same specifications as indicated in Figure A may be used. Tags, pressure sensitive labels or decals may be printed or otherwise established for any number of years not in excess of five years. (b) Approved standard service tags, pressure sensitive labels or decals shall bear the following information: 1. Do Not Remove. 2. Serial Number of Extinguisher. 3. Name of person who performed the service on the extinguisher. Initials area not acceptable. 4. Permit number of the person who serviced the extinguisher. 5. Indicate the type of service performed. 6. Indicate the type of extinguisher involved. 7. Indicate the month and the year that the service was performed by means of perforation so that only the specific month is indicated. (c) For standard service tags, pressure sensitive labels or decals, the printing may be any color. (d) The size of the service standard tags, pressure sensitive labels or decals shall be a minimum size of no less than 2 1/2 inches and no greater than 3 inches by no less than 5 1/4 inches and no greater than 5 3/4inches. (e) A new tag, pressure sensitive label or decal shall be attached to the portable fire extinguisher each time a service is performed. (f) The name, street address and telephone number of the company or organization performing said service must be printed on the front center section of the service tag, pressure sensitive label or decal. (g) The remainder of the space available on the tag shall contain no erroneous, false, or misleading statements. FOR REPORTING PURPOSES ONLY.
01-32-2 69A-21.245 Hydrostatic Tests; Record Tag. The hydrostatic test record tag shall remain adhered to the extinguisher for the required period of time. It shall not corrode. It shall remain legible for the duration of the performed hydrotest interval. FOR REPORTING PURPOSES ONLY.
01-34-2 69A-43.011 FAC Standpipe and Hose Systems. Standpipe and hose systems are required for all transient public lodging establishments, timeshare units or timeshare plans which are located in buildings exceeding 50 feet in height or in buildings over six stories high which have a complete automatic sprinkler system. The standpipe and hose systems shall comply with the provisions of NFPA 14, the edition as adopted in Rule 69A-3.012, FAC. Both Standpipe and hose are required for those buildings which do not have sprinkler systems. A standpipe with no hose, but hose connections, is required for those buildings which do have sprinkler systems. FOR REPORTING PURPOSES ONLY.
02-02-2 61C-1.004(7) FAC Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables. FOR REPORTING PURPOSES ONLY.
02-03-2 61C-1.004(8) FAC Flammable materials inside an establishment shall be stored in approved-type containers (maximum size 5 gallons) and in such a manner as to prevent a fire hazard. FOR REPORTING PURPOSES ONLY.
02-04-2 NFPA 58, 3-4.9.2 [LP Gas] Containers having water capacities greater than 21/2 pounds (1kg) shall not be located on balconies above the first floor that are attached to a multiple family dwelling of 3 or more living units one above the other. Exception: Where such balconies are served by outside stairways and where only such stairways are used to transport the container. FOR REPORTING PURPOSES ONLY.
02-05-2 61C-1.004(10) FAC Means of access must be maintained free of fire hazards. FOR REPORTING PURPOSES ONLY.
03-01 509.215(2) FS Any public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract was let before October 1, 1983, shall be equipped with: (a) A system which complies with subsection (1); or (b) An approved sprinkler system for all interior corridors, public areas, storage rooms, closets, kitchen areas, and laundry rooms, less individual guest rooms, if the following conditions are met: 1. There is a minimum 1-hour separation between each guest room and between each guest room and a corridor. 2. The building is constructed of noncombustible materials. 3. The egress conditions meet the requirements of s. 5-3 of the Life Safety Code, NFPA 101. 4. The building has a complete automatic fire detection system which meets the requirements of NFPA-72A and NFPA-72E, including smoke detectors in each guest room individually annunciating to a panel at a supervised location.
03-02 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC.
03-03 NFPA 25, 2-1 The minimum requirements for the routine inspection, testing, and maintenance for sprinkler systems [is found] in Table 2-1
03-04 NFPA 25, 1-8 Records. Records of inspections, tests, and maintenance of the system and its components shall be made available to the authority having jurisdiction upon request. Typical records include, but are not limited to, valve inspections; flow, drain, and pump tests; and trip tests of dry pipe, deluge, and preaction valves.
03-06 NFPA 25, 2-1.1 Sprinklers shall be inspected from the floor level annually. Sprinklers shall be free of corrosion, foreign materials, paint, and physical damage and shall be installed in the proper orientation (e.g., upright, pendant, or sidewall). Any sprinkler shall be replaced that is painted, corroded, damaged, loaded, or in the improper orientation.
03-07 NFPA 25, 2-1.2 Unacceptable obstructions to spray patterns shall be corrected.
03-08 NFPA 25, 2-2.6 Alarm devices shall be inspected quarterly to verify that they are free of physical damage.
03-09 NFPA 13, 4-5.5.3 and 5-5.6 Continuous or noncontinuous obstructions that interrupt the water discharge in a horizontal plane more than 18 inches below the sprinkler deflector in a manner to limit the distribution from reaching the protected hazard shall comply with this section. The clearance between the deflector and the top of storage shall be 18 inches or greater.
03-11 NFPA 25, 2-4.1.4 A supply of spare sprinklers (never less than 6) shall be stored in a cabinet on the premises for replacement purposes. A minimum of two sprinklers of each type and temperature rating installed shall be provided.
03-12 NFPA 25, 2-4.1.6 A special sprinkler wrench(es) shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. A sprinkler wrench(es) shall be provided for each type of sprinkler installed.
03-13 NFPA 25, Test results shall be recorded and retained for comparison purposes in accordance with Section 1-8. All time delay intervals associated with the pump's starting, stopping, and energy source transfer shall be recorded.
03-14 NFPA 25, 5-3.3.1 An annual test of each pump assembly shall be conducted under minimum, rated, and peak flows of the fire pump by controlling the quantity of water discharged through approved test devices. This test shall be conducted as described in 5-3.3.1(a),(b), or (c). [Exception: If available suction supplies do not allow flowing of 150 percent of the rated pump capacity, the fire pump shall be operated at maximum allowable discharge. This reduced capacity shall not constitute a noncompliance test.]
03-15 NFPA 25, 5-5.1 A preventative maintenance program shall be established on all components of the pump assembly in accordance with the manufacturer's recommendations. Records shall be maintained on all work performed on the pump, driver, controller, and auxiliary equipment. In the absence of manufacturer's recommendations for preventative maintenance, Table 5-5.1 provides alternative requirements.
03-16 NFPA 25, 5-3.2.1 and 5-3.2.2 and 5-3.2.3 A weekly test of electric motor-driven pump assemblies shall be conducted without flowing water. This test shall be conducted by starting the pump automatically. The pump shall run a minimum of 10 minutes. [Exception: The circulating valve or pressure relief valve shall be permitted to discharge water.] A weekly test of diesel engine-driven pump assemblies shall be conducted without flowing water. This test shall be conducted by starting the pump automatically, and the pump shall run a minimum of 30 minutes. [Exception: Where installed, the circulating relief valve shall be permitted to discharge water.] A weekly test of steam turbine-driven pump assemblies shall be conducted.
03-17 NFPA 25, 5-1.3 The pump assembly auxiliary equipment shall include: (a) Pump accessories, 1. Pump shaft coupling, 2. Automatic air release valve, 3. Pressure gauges, 4. Circulation relief valve (not used in conjunction with diesel engine drive with heat exchange). (b) Pump test device(s) (c) Pump relief valve and piping (where maximum pump discharge pressure exceeds the rating of the system components or the driver is of variable speed) (d) Alarm sensors and indicators (e) Right-angle gear sets (for engine-driven vertical shaft turbine pumps) (f) Pressure maintenance (jockey) pump and accessories.
03-18 NFPA 25, 5-3.5.4 The pump shall be capable of supplying the maximum system demand.
03-19-1 69A-46.041(2) FAC Each system that has been inspected, tested, or maintained by a fire protection contractor, or his or her designated inspector, shall have a record tag of durable and weather resistant material placed on the riser or control device. The tag at Figure A shall include the following: (a) Name, address and contractor license number of company. (b) Date of inspection and type of inspection. (c) Inspected by [name]. (d) The tag shall state For more information see the inspection report. (e) The tag shall state Do not remove by order of the State Fire Marshal. (f) The tag shall be approximately 3.5 inches by 5.5 inches.
04-01-2 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. FOR REPORTING PURPOSES ONLY.
04-02-2 NFPA 72, NFPA 101, and 4A-43.009 FAC Transient lodging establishments: Each sleeping and living area shall be protected by the installation of single station smoke detectors powered from the building electrical system. FOR REPORTING PURPOSES ONLY.
04-05-2 NFPA 101, 19-3.4.4.1 Non-transient lodging establishments: Each non-transient lodging establishment shall be protected by the installation of single station smoke detectors powered by the building electrical supply installed in such a way as to provide clear signaling to the sleeping areas. Battery powered smoke detectors are permitted in those establishments that are three stories or less in height with direct access to the outside, from each living unit. FOR REPORTING PURPOSES ONLY.
04-06-2 NFPA 72,5-3.4.3.1 Spot-type smoke detectors shall be located on the ceiling not less than 4 in. (100mm) from the sidewall to the near edge or, where on the sidewall, between 4 in. and 12 in. (100mm and 300 mm) down from the ceiling to the top of the detector. (See figure A-5-2.2.1) Exception No. 1: See 5-1.4.5. Exception No. 2: See 5-3.4.6 FOR REPORTING PURPOSES ONLY.
04-10-2 NFPA 72 7-3.2 and TABLE 7-3.2 Testing shall be performed in accordance with the schedules in Chapter 7 or more often if required by the authority having jurisdiction. If automatic testing is performed at least weekly by a remotely monitored fire alarm control unit specifically listed for the application, the manual testing frequency shall be permitted to be extended to annual. Table 7-3.2 shall apply. All components must be tested upon acceptance and at least annually. FOR REPORTING PURPOSES ONLY.
04-11-2 NFPA 72, 7-4.1 Fire alarm system equipment shall be maintained in accordance with the manufacturer's instructions. The frequency of maintenance shall depend on the type of equipment and the local ambient conditions. FOR REPORTING PURPOSES ONLY.
04-13-2 NFPA 72, 7-5.2.2 A permanent record of all inspections, testing, and maintenance shall be provided that includes the following information of periodic tests and all applicable information requested in Figure 7-5.2.2. (a) Date; (b) Test frequency; (c) Name of property; (d) Address; (e) Name of person performing inspection, maintenance, tests, or combination thereof, and affiliation, business address, and telephone number; (f) Name, address, and representative of approving agency(ies); (g) Designation of the detector(s) tested; (h) Functional test of detectors; (i) Functional test of required sequence of operations; (j) Check of all smoke detectors; (k) Loop resistance for all fixed-temperature line-type heat detectors; (l) Other tests as required by equipment manufacturers; (m) Other tests as required by the authority having jurisdiction; (n) Signatures of tester and approved authority representative; (o) Disposition of problems identified during testing (e.g., owner notified, problem, corrected/successfully retested, device abondoned in place). FOR REPORTING PURPOSES ONLY.
05-01 509.215(6)FAC Specialized smoke detectors for the deaf and hearing-impaired shall be made available upon request by guests in public lodging establishments at a rate of at least one such smoke detector per 50 dwelling units or portion thereof, not to exceed five such smoke detectors per public lodging facility.
05-02 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC.
05-03 61C-1.004(9)(e)FAC Specialized smoke detectors for the deaf and hearing-impaired shall be made available upon request by guests in transient public lodging establishments without charge. Failure of the operator to inform any employee charged with registering guests of the location of such detector constitutes failure to make such detectors available.
05-05-1 69A-43.009 (2) FAC Specialized smoke detectors for the deaf and hearing-impaired as required by sub-section (6) of Section 509.215, FS, shall be listed by a nationally recognized testing laboratory for the intended use, and shall: (a) Have a visual signaling appliance which has an effective intensity rating of at least 100 candela; and (b) Be listed by a nationally recognized testing laboratory for the particular purpose of alerting the deaf and hearing impaired in the event of a fire.
06-01-2 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept free of obstructions. FOR REPORTING PURPOSES ONLY.
06-02-2 61C-1.004(10) FAC Means of access must permit unobstructed travel at all times and be maintained free of obstructions. FOR REPORTING PURPOSES ONLY.
06-03-2 61-C1.004(10) FAC Adequate means of exit shall be provided pursuant to NFPA 101. FOR REPORTING PURPOSES ONLY.
06-04-2 61-C1.004(10) FAC Exits shall be clearly marked with approved illuminated exit signs. FOR REPORTING PURPOSES ONLY.
06-05-2 NFPA 101, 30-3.6.2 Each guest room that opens onto an interior corridor shall have a fire protection minimum 20 minute rating. FOR REPORTING PURPOSES ONLY.
06-06-2 NFPA 101, 30-3.6.3 Each guest room door that opens onto an interior corridor shall be self-closing and shall meet the requirements of [NFPA]30, 17-3.6.2. FOR REPORTING PURPOSES ONLY.
06-07-2 NFPA 101, 28-7.4.1 [Transient Establishments - Fire Evacuation Requirements] A floor diagram reflecting the actual floor arrangement, exit locations, and room identification shall be posted in a location and manner acceptable to the authority having jurisdiction on or immediately adjacent to every guest room door in hotels and should be oriented with the actual direction to the exits. FOR REPORTING PURPOSES ONLY.
06-08-2 NFPA 101, 19-7.1 [Nontransient Establishments - Fire Evacuation Requirements] Emergency instructions shall be provided to each living unit on a yearly basis indicating the location of alarms, egress paths, and actions to be taken, both in response to a fire in the living unit and in response to the sounding of the alarm system. FOR REPORTING PURPOSES ONLY.
06-09-2 NFPA 101, 28-2.9 and 29-2.9 Emergency Lighting: Emergency lighting in accordance with Section 7.9 shall be provided in all buildings with more than 25 rooms. FOR REPORTING PURPOSES ONLY.
06-10-2 NFPA 101,30-2.9 and 31.2.9 Emergency lighting in accordance with Section 7-9 shall be provided in all buildings with more than 12 dwelling units or more than three stories in height. Exception: Where every dwelling unit has a direct exit to the outside of the building at grade level. FOR REPORTING PURPOSES ONLY.
06-11-2 NFPA 101, 7.9.2.2 The emergency lighting system shall be arranged to provide the required illumination automatically. FOR REPORTING PURPOSES ONLY.
06-16-2 NFPA 101, 7-2.2.5.4 Stairs serving five or more stories shall be provided with signage within the enclosure at each floor landing. The signage shall indicate the floor level, the terminus of the top and bottom of the stair enclosure, and the identification of the stair. The signage also shall state the floor level of, and the direct to, exit discharge. The signage shall be inside the enclosure, located approximately 5 ft above the floor landing in a position that is readily visible when the door is in the open or closed position. FOR REPORTING PURPOSES ONLY.
06-18-2 NFPA 101, 7.2.1.5.4 A latch or other fastening device on a door shall be provided with a releasing device having an obvious method of operation and that is readily operated under all lighting conditions. The releasing mechanism for any latch shall be located not less than 34 in. (86 cm), and not more than 48 in. (122 cm), above the finished floor. Doors shall be operable with not more than one releasing operation. [Exception No. 1: Egress doors from individual living units and guest rooms of residential occupancies shall be permitted to be provided with devices that require not more than one additional releasing operation, provided that such device is operable from the inside without the use of a key or tool and is mounted at a height not exceeding 48 in. (122 cm) above the finished floor. Existing security devices shall be permitted to have two additional releasing operations. Existing security devices other than automatic latching devices shall not be located more than 60 in. (152 cm) above the finished floor. Automatic latching devices shall not be located more than 48 in. (122 cm) above the finished floor. Exception No. 2: The minimum mounting height for the release mechanism shall not be applicable to existing installations.] FOR REPORTING PURPOSES ONLY.
06-19-2 NFPA 101, 7.2.1.5.1 Doors shall be arranged to be opened from the egress side whenever the building is occupied. Locks, if provided, shall not require the use of a key, a tool, or special knowledge or effort for operation from the egress side. [Exception No. 1: This requirement shall not apply where otherwise provided in Chapters 18 through 23. Exception No. 2: Exterior doors shall be permitted to have key-operated locks from the egress side, provided that the following criteria are met: (a) Permission to use this exception is provided in Chapters 12 through 42 for the specific occupancy. (b) On or adjacent to the door, there is a readily visible, durable sign in letters not less than 1 in. (2.5 cm) high on a contrasting background that reads as follows: THIS DOOR TO REMAIN UNLOCKED WHEN THE BUILDING IS OCCUPIED (c) The locking device is of a type that is readily distinguishable as locked. (d) A key is immediately available to any occupant inside the building when it is locked. Exception No. 2 shall be permitted to be revoked by the authority having jurisdiction for cause. Exception No. 3 Where permitted in Chapter 12 through 42, key operation shall be permitted, provided that the key cannot be removed when the door is locked from the side from which egress is to be made.] FOR REPORTING PURPOSES ONLY.
06-20-2 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. FOR REPORTING PURPOSES ONLY.
06-21-2 69A-43.018(6) FAC Battery powered emergency lighting shall be provided for a period of not less than (1) hour to illuminate the primary exit. The emergency lighting shall provide illumination automatically in the event of any interruption of normal lighting. FOR REPORTING PURPOSES ONLY.
07-01-2 61C-1.004(11)FAC Electrical wiring - To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. FOR REPORTING PURPOSES ONLY.
07-02-2 61C-1.004(11) FAC No extension cords shall be used except during cleaning, maintenance and other temporary activities. FOR REPORTING PURPOSES ONLY.
07-03-2 61C-1.004(11) FAC Only a wall switch or approved pull cord shall be permitted in bathrooms. FOR REPORTING PURPOSES ONLY.
07-04-2 61C-1.004(11)FAC In accordance with the provisions of NFPA 70, the National Electrical Code, as adopted by the Division of State Fire Marshal in Chapter 4A03, FAC, Uniform Fire Safety Rules and Standards, sufficient electrical outlets shall be provided. FOR REPORTING PURPOSES ONLY.
07-05-2 NFPA 70, 110.32 Sufficient space shall be provided and maintained about electrical equipment to permit ready and safe operation and maintenance of such equipment. In all cases, the work space shall be adequate to permit at least a 90-degree opening of t. FOR REPORTING PURPOSES ONLY.
07-06-2 NFPA 70, 300-31 Suitable covers shall be installed on all boxes to prevent accidental contact with energized parts or physical damage to parts or insulation. FOR REPORTING PURPOSES ONLY.
07-08-2 NFPA 70, 110-12(a) Unused openings in boxes or housings shall be effectively closed to afford protection substantially equivalent to the wall of the equipment. FOR REPORTING PURPOSES ONLY.
07-09-2 NFPA 70, 240-80 Circuit breakers shall be tripfree and capable of being closed and opened by manual operation. FOR REPORTING PURPOSES ONLY.
07-10-2 509.032(d) Duties. The division shall adopt and enforce sanitation rules consistent with law to ensure the protection of the public from food-borne illness in those establishments licensed under this chapter. These rules shall provide the standards and requirements for obtaining, storing, preparing, processing, serving, or displaying food in public food service establishments, approving public food service establishment facility plans, conducting necessary public food service establishment inspections for compliance with sanitation regulations, cooperating and coordinating with the Department of Health in epidemiological investigations, and initiating enforcement actions, and for other such responsibilities deemed necessary by the division. The division may not establish by rule any regulation governing the design, construction, erection, alteration, modification, repair, or demolition of any public lodging or public food service establishment. It is the intent of the Legislature to preempt that function to the Florida Building Commission and the State Fire Marshal through adoption and maintenance of the Florida Building Code and the Florida Fire Prevention Code. The division shall provide technical assistance to the commission and the State Fire Marshal in updating the construction standards of the Florida Building Code which govern public lodging and public food service establishments. Further, the division shall enforce the provisions of the Florida Building Code and the Florida Fire Prevention Code which apply to public lodging and public food service establishments in conducting any inspections authorized by this part. FOR REPORTING PURPOSES ONLY.
08-02 61C-1.004(7)FAC Boiler rooms shall be kept clean and free of debris and flammables
08-03 61C-1.004(12) FAC The insurance inspector's boiler report is required annually for power boilers and high pressure/high temperature boilers and biannually for low pressure steam or vapor heating boilers and shall be posted in the boiler room. The provisions of this section do not apply to the common areas of resort condominiums.
08-04 509.211 (5) FS Every enclosed space or room that contains a boiler regulated under chapter 554 which is fired by the direct application of energy from the combustion of fuels and that is located in any portion of a public lodging establishment that also contains sleeping rooms shall be equipped with one or more carbon monoxide sensor devices that bear the label of a nationally recognized testing laboratory and have been tested and listed as complying with the most recent Underwriters Laboratories, Inc,. Standard 2034, or its equivalent, unless it is determined that carbon monoxide hazards have otherwise been adequately mitigated as determined by the division.
09-01 509.221(3)FS Each establishment licensed under this chapter shall be properly lighted and shall be operated with strict regard to the health,comfort, and safety of the guests. Such proper lighting shall be construed to apply to both daylight and artificial light
09-02 61C-1.004(2)(a)FAC Bathrooms shall provide at least 20 foot candles of light. [Exception--61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
09-03 61C-1.04(10)FAC Halls, entrances and stairways shall be well-lighted day and night.
09-03 61C-1.04(10)FAC Halls, entrances and stairways shall be well-lighted day and night.
09-04 61C-3.001(4)FAC Kitchens must also have at least 10 foot candles of light
10-01 61C-1004(12)FAC Each establishment licensed under this chapter shall be properly heated, cooled and shall be operated with strict regard to the health, comfort, and safety of the guests
10-02 61C-1.04(10)FAC Heating and ventilation - The heating system shall be kept in good repair or be installed to maintain a minimum of 68 degrees Fahrenheit throughout the building .
11-01 509.211(3)FS (a) It is unlawful for any person to use within any public lodging establishment any fuel-burning wick-type equipment for space heating unless such equipment is vented so as to prevent the accumulation of toxic or injurious gases or liquids. (b) Any person who violates the provisions of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
11-02 61C-1.004(13)FAC All appliances, including water heaters using gas, shall be kept in good repair 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 4A-43 FAC, for public lodging establishments.
12-01 509.211(4) FS Each public lodging establishment that is three or more stories in height must have safe and secure railings on all balconies, platforms, and stairways, and all such railings must be properly maintained and repaired. The division may impose administrative sanctions for violations of this subsection pursuant to s. 509.261.
12-02 61C-1.004(6)FAC All building structural components, attachments and fixtures shall be kept in good repair
12-03 61C-1.004(10)FAC Hand rails shall be installed on all stairways and guard rails around all porches and steps.
12-04 NFPA 101, 5-2.2.4.6(c) Open guards shall have intermediate rails or an ornamental pattern such that a sphere 4 inch (10.1 cm) in diameter cannot pass through any opening. [Exception No.3 to (c): Approved existing open guards.]
12-06 61C-3.001(11)(a)FAC As provided in section 509.2112, FS, every public lodging establishment which is 3 or more stories in height, or which has a vertical distance of 17 feet or more from the lowest grade level to any balcony must submit to the division a certificate stating that any and all balconies, stairways, and railways have been inspected by a person who, through education and experience, is competent to inspect multi-story buildings and found by such person to be safe, secure, and free of defects. The term balcony is defined as a landing or porch that is accessible to or used by the public and shall include those portions of a building which are unenclosed, except by a railing, guardrail system, balustrade, or parapet. It shall also include those portions of a building which are enclosed by screening, or other non-permanent building material.
12-07 61C-3.001(11)(c)FAC It is the responsibility of the operator to verify the facts and credentials establishing the competency of the multi-story balcony inspector. Such verification shall be clearly stated on the application form.
12-09 61C-3.001(11)(d) FAC The certificate shall be received by the division and the applicable local governmental agency or office from hotels and motels on or before January 1 of every third year and from other public lodging establishments on or before October 1 of every third year.
12-10 61C-3001(11)(e)FAC The operator shall keep a copy of the Certificate of Balcony Inspection, stamped with the date it was received by the district, available for inspection upon request.
12-11 61C-3.001(11)(f)FAC Upon change of ownership, a new certificate of balcony inspection shall be filed.
13-01 61C-1.004(6)FAC All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions.
13-02 61C-1.004(10)FAC Hall and stair runners shall be kept in good condition
13-04 61C-1.004(2)(a)FAC The walls, ceilings, and floors of all bathrooms shall be kept in good condition.[Exempition--61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
14-01 509.211(1)FS Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or to a hallway.
14-02 61C-3.001(10) FAC Locks -- An approved locking device for the purposes of section 509.211, FS, is a locking device that meets the requirements of National Fire Protection Association 101 (NFPA 101), Life Safety Code. Public lodging establishments as defined in rule 61C-1.002(4)(a), FAC, shall have at least one approved locking device which does not include a sliding chain or hook and eye type device, on all outside and connecting doors which cannot be opened by a non-master guest room key.
15-02 509.221(2)(a)FS Each public lodging establishment shall maintain not less than one public bathroom for each sex, properly designated, unless otherwise provided by rule.[Exemption-509.221(9)FS: Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
15-04 509.221(5)FS Each transient establishment shall provide in the main public bathroom soap and clean towels or other approved hand-drying devices and each public lodging establishment shall furnish each guest with two clean individual towels so that two guests will not be required to use the same towel unless it has first been laundered. [EXEMPTION -- 509.221(9) FS: Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
15-06 61C-1.004(2)(a)FAC Bathroom fixtures shall be of readily cleanable sanitary design.[Exemption--61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
15-07 61C-1.004(2)(a)FAC Bathroom facilities shall be kept clean, in good repair and free from objectionable odors. [Exemption--61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
15-08 61C-3.001(1)(a)FAC Connecting bathrooms shall provide toilets with open-front seats. Guest and private bathrooms shall provide toilets. Guest, private, and connecting bathrooms shall provide lavatories and shower enclosures with hot and cold running water under pressure. [EXEMPTION--61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1), (2) and (3) of this rule.]
15-09 61C-3.001(2)FAC Individually wrapped soap must also be provided. [Exemption--61C-3.001(12)FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1),(2) and (3) of this rule. Establishments opting to provide any of the services listed in subsection (2) and (3) of this rule shall comply with the requirements described herein.]
15-10 61C-3.001(1)(b)FAC Each transient public lodging establishment shall maintain one public bathroom with a minimum of a toilet, lavatory, and shower enclosure for each sex on every floor for every 15 guests rooming on that floor not having access to private or connecting bathrooms. [EXEMPTION--61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1), (2) and (3) of this rule]
15-11 61C-1.004(2)(b) FAC Public bathrooms shall be completely enclosed and shall have tight-fitting, self closing doors or, in public lodging establishments have entrances and exits constructed in such a manner as to ensure privacy of occupants. Such doors shall not be left open except during cleaning or maintenance. [EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
15-12 61C-1.004(2)(c)FAC Handwashing signs shall be posted in each bathroom used by employees. [EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
15-13 61C-1.004(2)(d)FAC For the purposes of this section, the term toilet shall mean a flush toilet properly plumbed, connected and discharging to an approved sewage disposal system. In a bathroom where more than one toilet is provided, each toilet shall be separated by a partition from adjoining fixtures and a door shall be provided which will partially conceal the occupant from outside view. [EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.]
15-14 5-501.17 FC Toilet Room Receptacle, Covered. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.
16-01 509.221(1) FS Each public lodging establishment shall be supplied with potable water
16-03 61C-1.004(1)(b) FAC Bottled and packaged potable water shall be transported and obtained in accordance with the requirements of Chapter 5E-15, FAC, herein adopted by reference.
16-04 61C-3.001(4) FAC A kitchen sink with hot and cold running water under pressure is required.
16-05 5-101.11 FC APPROVED System. DRINKING WATER shall be obtained from an APPROVED source that is: (A) A PUBLIC WATER SYSTEM; or (B) A nonPUBLIC WATER SYSTEM that is constructed, maintained, and operated according to LAW.
16-06 5-101.12 FC System Flushing and Disinfection. A DRINKING WATER system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.
16-07 5-101.13 FC BOTTLED DRINKING WATER. BOTTLED DRINKING WATER used or sold in a [public lodging establishment] shall be obtained from APPROVED sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled DRINKING WATER.
16-09 5-102.12 FC NonDRINKING WATER. (A) The use of a nonDRINKING WATER supply shall be APPROVED by the REGULATORY AUTHORITY; and (B) NonDRINKING WATER shall be used only for non-culinary purposes such as air conditioning, nonFOOD EQUIPMENT cooling, fire protection, and irrigation.
16-10 5-102.13 FC Sampling. Except when used as specified under subsection 5-102.12, water from a nonPUBLIC WATER SYSTEM shall be sampled and tested at least annually and as required by state water quality regulations.
16-11 5-102.14 FC Sample Report. The most recent report for the nonPUBLIC WATER SYSTEM shall be retained on file in the FOOD ESTABLISHMENT or the report shall be maintained as specified by state water quality regulations.
16-12 5-103.11 FC Capacity. (A) The water source and system shall be of sufficient capacity to meet the peak water demands of the [public lodging establishment].
16-14 5-103.12 FC Pressure. Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified under Paragraphs 5-104.12(A) and (B) to a TEMPORARY [Public Lodging] ESTABLISHMENT or in response to a temporary interruption of a water supply need not be under pressure.
16-16 61C-3.001(1)(a) FAC Guest, private, and connecting bathrooms shall provide lavatories and shower enclosures with hot and cold running water under pressure. [EXEMPTION--61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule]
16-17 5-202.12(A) FC A handwashing lavatory shall be equipped to provide water at a temperature of at least 43 degrees Celsius (110 degrees Fahrenheit) through a mixing valve or combination faucet.
16-18 5-104.12 FC Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made available for a TEMPORARY [PUBLIC LODGING ESTABLISHMENT] without a permanent water supply, and for a [PUBLIC LODGING ESTABLISHMENT] with a temporary interruption of its water supply through: (A) A supply of containers of commercially BOTTLED DRINKING WATER; (B) One or more closed potable water containers; (C) An enclosed vehicular water tank; (D) An on-premises water storage tank; or (E) Piping, tubing, hoses connected to an adjacent APPROVED source.
17-01 509.221(6) FS Each transient establishment shall provide each bed, bunk, cot, or other sleeping place for the use of guests with clean pillowslips and under and top sheets. Sheets and pillowslips shall be laundered before they are used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, sheets, and comforters, shall be thoroughly aired, disinfected, and kept clean. Bedding, including mattresses, quilts, blankets, pillows, sheets, or comforters, may not be used if they are worn out or unfit for further use. [EXEMPTION -- 509.221(9) FS: Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
17-02 61C-3.001(2) FAC Bedding and linens, etc. - Clean mattresses and bed springs, mattress pads, clean pillows and pillowslips, clean bed sheets and sufficient clean blankets shall be provided for each sleeping accommodation. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
17-03 61C-3.001(2) FAC Mattress pads, bed sheets, and blankets must be sized appropriately to the mattress or bed size to completely cover the sleeping areas of the mattress. [EXEMPTION -- 61c-3.0012(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
17-04 61C-3.001(2) FAC Bed linens must be changed and cleaned between each guest or once weekly, whichever occurs first. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
17-05 61C-3.001(2) FAC Towels must be changed and cleaned daily or between guests, whichever occurs first. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
17-06 509.221(5)FS Each transient establishment shall provide in the main public bathroom soap and clean towels or other approved hand-drying devices and each public lodging establishment shall furnish each guest with two clean individual towels so that two guests will not be required to use the same towel unless it has first been laundered. [EXEMPTION -- 509.221(9) FS: Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
18-01 61C-3.001(4) FAC Kitchen appliances and refrigeration equipment shall be kept clean and free from odors and in good repair.
18-02 61C-3-001(5) FAC Furniture, upholstery, draperies, shades, venetian doors, blinds, and other provided furnishings in lobbies, lounges, parlors, and bedrooms shall be kept clean, and be renovated or replaced as needed.
18-03 61C-3-001(5) FAC Furniture, upholstery, draperies, shades, venetian doors, blinds, and other provided furnishings in lobbies, lounges, parlors, and bedrooms shall be kept clean, and be renovated or replaced as needed.
19-01 5-202.11 FC APPROVED System and Cleanable Fixtures. (A) A PLUMBING SYSTEM shall be designed, constructed, and installed according to LAW. (B) A PLUMBING FIXTURE such as a handwashing lavatory, toilet, or urinal shall be EASILY CLEANABLE.
19-02 5-201.11(A) FC A PLUMBING SYSTEM and hoses conveying water shall be constructed and repaired with APPROVED materials according to LAW.
19-03 5-202.11 FC APPROVED System and Cleanable Fixtures. (A) A PLUMBING SYSTEM shall be designed, constructed, and installed according to LAW. (B) A PLUMBING FIXTURE such as a handwashing lavatory, toilet, or urinal shall be EASILY CLEANABLE.
19-04 5-205.15 FC System Maintained in Good Repair. A PLUMBING SYSTEM shall be: (A) Repaired according to LAW; and (B) Maintained in good repair.
19-05 5-402.11 FC Backflow Prevention. (A) Except as specified in Paragraph (B) and (C) of this section, a direct connection may not exist between the SEWAGE system and a drain originating from EQUIPMENT in which FOOD, portable EQUIPMENT, or UTENSILS are placed. (B) If allowed by LAW a WAREWASHING machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5m (5 feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap. (C) If allowed by LAW, a WAREWASHING or culinary sink may have a direct connection.
19-06 5-202.13 FC Backflow Prevention, Air Gap. An air gap between the water supply inlet and the flood level rim of the PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be at least twice the diameter of the water supply inlet and may not be less than (1 inch).
19-08 5-203.14 FC Backflow Prevention Device, When Required. A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminant to the water supply system at each point of use at the [public lodging establishment], including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by LAW, by: (A) Providing an air gap as specified under Section 5-202.13; or (B) Installing an APPROVED backflow prevention device as specified under Section 5-202.14.
19-11 5-205.13 FC Scheduling Inspection and Service for a Water System Device. A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the PERSON IN CHARGE.
19-12 5-205.12 FC Prohibiting a Cross Connection. (A) Except as specified in 9 CFR 308.3(d) for firefighting, a PERSON may not create a cross connection by connecting a pipe or conduit between the DRINKING WATER system and a nonDRINKING WATER system or a water system of unknown quality. (B) The piping of a nonDRINKING WATER system shall be durably identified so that it is readily distinguishable from piping that carries DRINKING WATER.
19-13 5-203.13 FC Service Sink. At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid
20-01 509.221(3) FS Each establishment licensed under this chapter shall be properly ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests.
20-02 509.221(4) FS Each bedroom in a public lodging establishment shall have an opening to the outside of the building, air shafts, or courts sufficient to provide adequate ventilation. Where ventilation is provided mechanically, the system shall be capable of providing at least two air changes per hour in all areas served. Where ventilation is provided by windows, each room shall have at least one window opening directly to the outside.
20-04 61C-1.004(10) FAC Halls, entrances and stairways shall be ventilated.
20-05 509.221(3) FS Each establishment licensed under this chapter shall be properly ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests.
20-06 61C-3.001(4) FAC Kitchens shall be ventilated to minimize the occurrence of excessive heat, steam, condensation, vapors, objectionable odors, smoke and fumes.
20-07 61C-1.004(13) FAC Gas appliances. All appliances, including water heaters using gas, shall be properly vented when manufacturers' instructions require venting of the appliance.
21-01 7-101.11 FC Identifying Information, Prominence. Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.
21-02 7-102.11 FC Common Name. Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly marked and individually identified with the common name of the material.
21-03 7-201.11 FC Separation. POISONOUS OR TOXIC MATERIALS shall be stored so they CAN not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by: (A) Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning; and (B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES. This paragraph does not apply to EQUIPMENT and UTENSIL cleaners and SANITIZERs that are stored in WAREWASHING areas for availability and convenience if the materials are stored to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
21-04 7-202.11 FC Restriction. (A) Only those POISONOUS OR TOXIC MATERIALS that are required for the operation or maintenance of a [public lodging establishment], such as for the cleaning and SANITIZING of EQUIPMENT and UTENSILS and the control of insects and rodents is allowed in a [public lodging establishment]. (B) Paragraph (A) of this section does not apply to PACKAGED POISONOUS OR TOXIC MATERIALS that are for retail sale.
21-05 7-202.12(A) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (A) Used according to: (1) LAW and this Code, (2) Manufacturer's use directions included inlabeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a [public lodging establishment]. (3) The conditions of certification, if certification is required, for the use of the pest control materials, and (4) Additional conditions that may be established by the REGULATORY AUTHORITY;
21-06 7-202.12(B) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (B) Applied so that (1) A HAZARD to EMPLOYEES or other PERSONS is not constituted; and (2) Contamination including residues due to drip, drain, fog, splash or spray on FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES is prevented, and for a restricted-use pesticide, this is achieved by: (a) Removing the items; (b) Covering the items with impermeable covers; or (c) Taking other appropriate preventative actions, and (d) Cleaning and SANITIZING EQUIPMENT and UTENSILS after application.
21-07 7-202.12(C) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (C) A restricted-use pesticide shall be applied only by an applicator certified as defined in 7 USC 136(e) Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a PERSON under the direct supervision of a certified applicator.
21-08 7-203.11 FC Poisonous or Toxic Material Containers. A container previously used to store POISONOUS OR TOXIC MATERIALS may not be used to store, transport, or dispense FOOD.
21-11 7-206.12 FC Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant bait station.
21-12 7-206.13 FC Tracking Powders, Pest Control and Monitoring. (A) A tracking powder pesticide may not be used in a [public lodging establishment]. (B) If used, a nontoxic powder such as talcum or flour may not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
21-13.1 7-207.11(A) FC Only those medicines that are necessary for the health of EMPLOYEES shall be allowed in a [public lodging establishment]. This section does not apply to medicines that are stored or displayed for retail sale.
21-13.2 7-207.11(B) FC Medicines that are in a [public lodging establishment] for the EMPLOYEES' use shall be labeled as specified under Section 7-101.11 and located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
21-13.3 7-207.12 FC Refrigerated Medicines, Storage. Medicine belonging to EMPLOYEES or to children in a day care center that require refrigeration and are stored in a FOOD refrigerator shall be: (A) Stored in a PACKAGE or container and kept inside a covered, leakproof container that is identified as a container for the storage of EMPLOYEES' medicines; and (B) Located so they are inaccessible to children.
21-14 7-208.11(A) FC First aid supplies that are in a [public lodging establishment] for the EMPLOYEES' use shall be: (A) Labeled as specified under Section 7-101.11.
21-15 7-208.11(B) FC First aid supplies that are in a [public lodging establishment] for the EMPLOYEES' use shall be: (B) Stored in a kit or container that is located to prevent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
22-01 61C-3.001(9) FAC Ice -- Ice making machines shall utilize water from an approved source pursuant to Chapters 62-550 and 62-555, FAC, and shall be constructed, located, installed, operated and maintained so as to prevent contamination of the ice.
22-02 61C-3.001(9) FAC Ice obtained from outside the establishment shall be from a source approved in accordance with the provisions of Chapter 500, FS.
22-03 61C-3.001(9) FAC Canvas containers shall not be used unless provided with a sanitary single-service liner so as to completely protect the ice from contamination.
22-04 61C-3.001(9) FAC Ice buckets, other containers and scoops, shall be of a smooth, nonabsorbent, impervious material and designed to facilitate cleaning. They shall be kept clean and shall be stored and handled in a sanitary manner.
22-05 61C-3.001(9) FAC Ice buckets must be cleaned and sanitized between each guest or be provided with a sanitary single service liner which is changed at least daily.
22-06 61C-3.001(9) FAC Ice for customer use shall be dispensed with scoops, tongs or other ice-dispensing utensils or through automatic self-service, ice-dispensing equipment.
22-07 61C-3.001(9) FAC Ice-dispensing utensils shall be stored on a clean surface, attached to a nonoxidizing chain or tether and stored inside the ice bin or in the ice with the dispensing utensil's handle extended out of the ice.
22-09 61C-3.001(9) FAC Ice storage bins shall be drained through an air gap in accordance with the provisions of the plumbing authority having jurisdiction.
22-10 4-101.11(A) FC Materials that are used in the construction of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be: (A) Safe;
23-01 61C-3.001(3)(b) and (c) FAC Any establishment existing prior to 7-1-94 which cannot comply with this provision shall post in a conspicuous place the division placard or sign, BPR form 22-045, NOTIFICATION OF EXCEPTION TO SANITIZATION REQUIREMENTS, or its equivalent, incorporated herein by reference and effective 9-25-96, in each guest room where such dishware, glassware, kitchenware or utensils are provided. Copies of this form may be obtained from any division office. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.] Any establishment initiating new construction or being extensively remodeled (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. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
23-02 61C-3.001(4) FAC Kitchens must also have sufficient and suitable cooking utensils.
23-03 4-603.15 FC Washing, Procedures for Alternative Manual WAREWASHING EQUIPMENT. If washing in sink compartments or a WAREWASHING machine is impractical such as when the EQUIPMENT is fixed or the UTENSILS are too large, washing shall be done by using alternative manual WAREWASHING EQUIPMENT as specified in Paragraph 4-301.12(C) in accordance with the following procedures: (A) EQUIPMENT shall be disassembled as necessary to allow access of the detergent solution to all parts; (B) EQUIPMENT components and UTENSILS shall be scrapped or rough cleaned to remove FOOD particle accumulation; and (C) EQUIPMENT and UTENSILS shall be washed as specified under Paragraph 4-603.14(A).
23-04 4-601.11(A) FC UTENSILS shall be clean to sight and touch.
23-05 4-701.10 FC FOOD-CONTACT SURFACES and UTENSILS. EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED.
23-06 4-702.11 FC Before Use After Cleaning. UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be SANITIZED before use and after cleaning.
23-07 4-904.12 FC Soiled and Clean TABLEWARE. Soiled TABLEWARE shall be removed from CONSUMER eating and drinking areas and handled so that clean TABLEWARE is not contaminated.
23-08 4-204.116 FC Manual WAREWASHING EQUIPMENT, Heaters and Baskets. If hot water is used for SANITIZATION in manual WAREWASHING operations, the SANITIZING compartment of the sink shall be: (A) Designed with an integral heating device that is capable of maintaining water at a temperature not less than . . .(171 degrees Fahrenheit); and (B) Provided with a rack or basket to allow complete immersion of EQUIPMENT and UTENSILs into the hot water.
23-09 4-204.119 FC WAREWASHING Sinks and Drainboards, Self-Draining. Sinks and drainboards of WAREWASHING sinks and machines shall be self-draining.
23-10 4-301.12(A) FC Manual WAREWASHING, Sink Compartment Requirements. (A) Except as specified in Paragraph (C) of this section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and SANITIZING EQUIPMENT and UTENSILS.
23-11 4-301.12(B) FC (B) Sink compartments shall be large enough to accommodate immersion of the largest EQUIPMENT and UTENSILS. If EQUIPMENT or UTENSILS are too large for the WAREWASHING sink, a WAREWASHING machine or alternative EQUIPMENT as specified in Paragraph (C) of this section shall be used. (C) Alternative manual WAREWASHING EQUIPMENT may be used when there are special cleaning needs or constraints and the REGULATORY AUTHORITY has APPROVED the use of the alternative EQUIPMENT. Alternative manual WAREWASHING EQUIPMENT may include: (1) High-pressure detergent sprayers; (2) Low- or line-pressure spray detergent foamers; (3) Other task-specific cleaning EQUIPMENT; (4) Brushes or other implements; (5) 2-compartment sinks as specified under Paragraph (D) of this section; or (6) Receptacles that substitute for the compartments of a multicompartment sink.
23-12 4-301.12(D) and (E) FC (D) Before a 2-compartment sink is used: (1) The PERMIT HOLDER shall have its use APPROVED; and (2) The nature of WAREWASHING shall be limited to batch operations for cleaning KITCHENWARE such as between cutting one type of raw MEAT and another or cleanup at the end of a shift, and: (a) A limited number of items shall be cleaned, (b) The cleaning and SANITIZING solutions shall be made up immediately before use and drained immediately after use, and (c) A detergent-SANITIZER shall be used to SANITIZE and shall be applied as specified under Section 4-501.115, or (d) A hot water SANITIZATION immersion step shall be used as specified under Paragraph 4-603.16(C). (E) A 2-compartment sink may not be used for WAREWASHING operations where cleaning and SANITIZING solutions are used for a continuous or intermittent flow of KITCHENWARE or TABLEWARE in an ongoing WAREWASHING process.
23-13 4-301.13 FC Drainboards. Drainboards, UTENSIL racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary UTENSIL holding before cleaning and after SANITIZING.
23-14 4-204.113 FC WAREWASHING Machine, Data Plate Operating Specifications. A WAREWASHING machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications including the: (A) Temperatures required for washing, rinsing, and SANITIZING; (B) Pressure required for the fresh water SANITIZING rinse unless the machine is designed to use only a pumped SANITIZING rinse; and (C) Conveyor speed for conveyor machines or cycle time for stationary rack machines.
23-15 4-204.114 FC WAREWASHING Machines, Internal Baffles. WAREWASHING machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.
23-16 4-204.118 FC WAREWASHING Machines, Flow Pressure Valve. (A) WAREWASHING machines that provide a fresh hot water SANITIZING rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the WAREWASHING machine; and (B) If the flow pressure measuring device is upstream of the fresh hot water SANITIZING rinse control valve, the device shall be mounted in a. . .one-fourth inch Iron Pipe Size (IPS) valve. (C) Paragraphs (A) and (B) of this section do not apply to a machine that uses only a pumped or recirculated SANITIZING rinse.
23-17.1 4-904.11(A) FC SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and SANITIZED UTENSILS shall be handled, displayed, and dispensed so that contamination of FOOD and lip-contact surfaces is prevented.
23-17.2 4-904.11(B) FC Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by EMPLOYEES and by CONSUMERS if CONSUMER self-service is provided.
23-18 4-603.12 FC Precleaning. (A) FOOD debris on EQUIPMENT and UTENSILS shall be scrapped over a waste disposal unit, scupper, or garbage receptacle or shall be removed in a WAREWASHING machine with a prewash cycle. (B) If necessary for effective cleaning, UTENSILS and EQUIPMENT shall be preflushed, presoaked, or scrubbed with abrasives.
23-21 4-501.15 FC WAREWASHING Machines, Manufacturers' Operating Instructions. (A) A WAREWASHING machine and its auxiliary components shall be operated in accordance with the machine's data plate and other manufacturer's instructions. (B) A WAREWASHING machine's conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer's specifications.
23-23 4-501.18 FC WAREWASHING EQUIPMENT, Clean Solutions. The wash, rinse, and SANITIZE solutions shall be maintained clean.
23-24 4-501.19 FC Manual WAREWASHING EQUIPMENT, Wash Solution Temperature. The temperature of the wash solution in manual WAREWASHING EQUIPMENT shall be maintained at not less than . . .(110 degrees Fahrenheit) or the temperature specified on the cleaning agent manufacturer's label instructions.
23-25 4-501.113 FC Mechanical WAREWASHING EQUIPMENT, SANITIZATION Pressure. The flow pressure of the fresh hot water SANITIZING rinse in a WAREWASHING machine may not be less than . . .(15 pounds per square inch) or more than . . .(25 pounds per square inch) as measured in the water line immediately downstream or upstream from the fresh hot water SANITIZING rinse control valve.
23-27 4-603.16 FC Rinsing Procedures. Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-SANITIZER solution by using one of the following procedures: (A) Use of a distinct, separate water rinse after washing and before SANITIZING if using: (1) A 3-compartment sink, (2) Alternative manual WAREWASHING EQUIPMENT equivalent to a 3-compartment sink as specified under Subparagraph 4-301.12(C), or (3) A 3-step washing, rinsing, and SANITIZING procedure in a WAREWASHING system for CIP EQUIPMENT; (B) Use of a detergent-sanitizer as specified under Section 4-501.115 if using: (1) Alternative WAREWASHING EQUIPMENT as specified under Paragraph 4-301.12(C) that is APPROVED for use with a detergent-sanitizer, or (2) A WAREWASHING system for CIP EQUIPMENT; (C) Use of a nondistinct water rinse that is integrated in the hot water SANITIZATION immersion step of a 2-compartment sink operation; (D) If using a WAREWASHING machine that does not recycle the SANITIZING solution as specified under (E) of this section, or alternative manual WAREWASHING EQUIPMENT such as sprayers, use of a nondistinct water rinse that is: (1) Integrated in the application of the SANITIZING solution, and (2) Wasted immediately after each application; or (E) If using a WAREWASHING machine that recycles the SANITIZING solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the SANITIZING solution.
23-28 4-501.110 FC Mechanical WAREWASHING EQUIPMENT, Wash Solution Temperature. (A) The temperature of the wash solution in spray type warewashers that use hot water to SANITIZE may not be less than: (1) For a stationary rack, single temperature machine, . . .(165 degrees Fahrenheit); (2) For a stationary rack, dual temperature machine, . . .(150 degrees Fahrenheit); (3) For a single tank, conveyor, dual temperature machine, . . .(160 degrees Fahrenheit); or (4) For a multitank, conveyor, multitemperature machine, . . .(150 degrees Fahrenheit). (B) The temperature of the wash solution in spray-type warewashers that use chemicals to SANITIZE may not be less than . . .(120 degrees Fahrenheit).
23-29 4-501.111 FC Manual WAREWASHING EQUIPMENT, Hot Water SANITIZATION Temperatures. If immersion in hot water is used for SANITIZING in a manual operation, the temperature of the water shall be maintained at (171 degrees Fahrenheit) or above.
23-30 4-501.112 FC Mechanical WAREWASHING EQUIPMENT, Hot Water SANITIZATION Temperatures. In a mechanical operation, the temperature of the fresh hot water SANITIZING rinse as it enters the manifold may not be more than (194 degrees Fahrenheit), or less than: (A) For a single tank, stationary rack, single temperature machine, (165 degrees Fahrenheit); or (B) For all other machines, (180 degrees Fahrenheit).
23-31 4-501.114 FC Manual and Mechanical WAREWASHING EQUIPMENT, Chemical SANITIZATION - Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a SANITIZING solution for a manual or mechanical operation at exposure times specified under Paragraph 4-703.11(C) shall be listed in 21 CFR 178.1010 SANITIZING solutions, shall be used in accordance with the EPA-APPROVED manufacturer's label use instructions, and shall be used as follows: (A) A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; (B) An iodine solution shall have a: (1) Minimum temperature of (75 degrees Fahrenheit), (2) pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective, and (3) Concentration between 12.5 mg/L and 25 mg/L; (C) A quaternary ammonium compound solution shall: (1) Have a minimum temperature of (75 degrees Fahrenheit), (2) Have a concentration as specified under Section 7-204.11 and as indicated by the manufacturer's use directions included in the labeling, and (3) Be used only in water with 500 MG/L (mg/L) hardness or lesser in water having a hardness no greater than specified by the manufacturer's label; (D) If another solution of a chemical specified in Paragraphs (A)-(C) of this section is used, the PERMIT HOLDER shall demonstrate to the REGULATORY AUTHORITY that the solution achieves SANITIZATION and the use of the solution shall be approved: or (E) If a chemical SANITIZER other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the manufacturer's use directions included in the labeling.
23-32 4-703.11(A) and (B) After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED in: (A) Hot water manual operations by immersion for at least 30 seconds as specified under Section 4-501.111; (B) Hot water mechanical operations by being cycled through EQUIPMENT that is set up as specified under Sections 4-501.15, 4-501.112 and 4-501.113 and achieving a UTENSIL surface temperature of (160 degrees Fahrenheit) as measured by an irreversible registering temperature indicator;
23-33 4-703.11(C) FC After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED in: (C) Chemical manual or mechanical operations, including the application of SANITIZING chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified under Section 4-501.114 by providing: (1) Except as specified under Subparagraph (C)(2) of this section, an exposure time of at least 10 seconds for a chlorine solution specified under Paragraph 4-501.114(A), (2) An exposure time of at least 7 seconds for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least (100 degrees Fahrenheit) or a pH of 8 or less and a temperature of at least (75 degrees Fahrenheit), (3) An exposure time of at least 30 seconds for other chemical SANITIZING solutions, or (4) An exposure time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields SANITIZATION as defined in Subparagraph 1-201.10(B)(72).
23-35 4-502.12 FC SINGLE-SERVICE and SINGLE-USE ARTICLES, Required Use. A FOOD ESTABLISHMENT without facilities specified in Parts 4-6 and 4-7 for cleaning and SANITIZING KITCHENWARE and TABLEWARE shall provide only SINGLE-USE KITCHENWARE, SINGLE-SERVICE ARTICLES, and SINGLE-USE ARTICLES for use by FOOD EMPLOYEEs and SINGLE-SERVICE ARTICLES for use by the CONSUMER.
23-36 4-903.12(B) FC Laundered LINENS and SINGLE-SERVICE and SINGLE-USE ARTICLES that are PACKAGED or in a facility such as a cabinet may be stored in a locker room.
23-37 4-502.13(A) FC SINGLE-SERVICE and SINGLE-USE ARTICLES, Reuse Limitation. SINGLE-SERVICE and SINGLE-USE ARTICLES may not be reused.
23-38 4-901.11 FC EQUIPMENT and UTENSILS, Air-Drying Required. After cleaning and SANITIZING, EQUIPMENT and UTENSILS: (A) Shall be air-dried or used after adequate draining as specified in Paragraph (a) of 21 CFR 178.1010 SANITIZING solutions, before contact with FOOD, and may not be cloth dried except (B) UTENSILS that have been air-dried may be polished with cloths that are maintained clean and dry.
23-39 4-903.11(A) and (D) FC (A) Except as specified in Paragraph (D) of this section, cleaned EQUIPMENT and UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored: (1) In a clean, dry location; (2) Where they are not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6 inches) above the floor. (D) Items that are kept in closed PACKAGES may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks, and skids that are designed as provided under Section 4-204.122.
23-40 4-903.11(B) FC Clean EQUIPMENT and UTENSILS shall be stored as specified under Paragraph (A) of this section and shall be stored: (1) In a self-draining position that permits air drying; and (2) Covered or inverted.
23-41 4-903.12(A) FC Except as specified in Paragraph (B) of this section, cleaned and SANITIZED EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES may not be stored: (1) In locker rooms; (2) In toilet rooms; (3) In garbage rooms; (4) In mechanical rooms; (5) Under sewer lines that are not shielded to intercept potential drips; (6) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed; (7) Under open stairwells; or (8) Under other sources of contamination.
23-43 4-302.14 FC SANITIZING Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in MG/L (mg/L) of SANITIZING solutions shall be provided.
23-45 4-204.115 FC WAREWASHING Machines, TEMPERATURE MEASURING DEVICES. A WAREWASHING machine shall be equipped with a TEMPERATURE MEASURING DEVICE that indicates the temperature of the water: (A) In each wash and rinse tank; and (B) As the water enters the hot water SANITIZING final rinse manifold or in the chemical SANITIZING solution tank.
23-46 4-302.13 FC TEMPERATURE MEASURING DEVICES, Manual WAREWASHING. In manual WAREWASHING operations, a TEMPERATURE MEASURING DEVICE shall be provided and readily accessible for frequently measuring the washing and SANITIZING temperatures.
23-47.2 4-502.11(C) FC Ambient air temperature, water pressure, and water TEMPERATURE MEASURING DEVICES shall be maintained in good repair and be accurate within the intended range of use.
24-01 509.221(7) FS The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin. Any room in such an establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated.
24-02 61C-1.004(3) FAC Vermin Control- Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening materials shall not be less than 16 mesh to the inch or equivalent, tight-fitting and free of breaks.
25-01 61C-3.001(7) FAC Premises- The yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed.
25-02 61C-3.001(7) FAC Premises- The yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed
26-01 61C-1.004(1)(e) FAC All garbage and rubbish shall be removed from the establishment premises with sufficient frequency to prevent nuisance conditions and shall be disposed of in accordance with provisions of Chapter 62-701, FAC herein adopted by reference.
26-02 61C-3.001(4) FAC Kitchens must also have adequate garbage receptacles.
26-03 61C-3.001(5) FAC Non-perforated metal, plastic, or plastic lined wastebaskets shall be provided for all bedrooms.
26-04 5-501-10 FC Indoor Storage Area. If located within the public lodging establishment, a storage area for REFUSE, recyclables and returnables shall meet the requirements specified under Sections 6-101-11, 6-201-11, 6-201-18, 6-202.15, and 6-202.16.
26-05 5-501.13 FC Receptacles. (A) Except as specified in Paragraph (B) of this section, receptacles and waste hauling units for REFUSE, recyclables and returnables and for use with materials containing FOOD residue shall be durable, cleanable, insect and rodent resistant, leakproof, and non-absorbent. (B) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the public lodging establishment or within closed outside receptacles.
26-06 5-501.14 FC Receptacles in VENDING MACHINES. A REFUSE receptacle may not be located within a VENDING MACHINE, except that a receptacle for BEVERAGE bottle crown closures may be located within a VENDING MACHINE.
26-07 5-501.16(A) FC An inside storage area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold REFUSE, recyclables, and returnables that accumulate.
26-08 5-501.16(B) FC A receptacle shall be provided in each area of the public lodging establishment or PREMISES where REFUSE is generated or commonly discarded, or where recyclables or returnables are placed.
26-09 5-501.16 FC If disposable towels are used at handwashing lavatories, a waste receptacle shall be located at each lavatory or group of adjacent lavatories.
26-10 5-501.18 FC Cleaning Implements and Supplies. (A) Except as specified in Paragraph (B) of this section , suitable cleaning implements and supplies such as high pressure pumps , hot water, steam and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables. (B) If APPROVED, off -PREMISES approved services may be used if on-PREMISES cleaning implements and supplies are not provided.
26-11 5-501.19 FC Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units, Location. (A) An area designated for REFUSE, recyclables, returnables, and except as specified in Paragraph (B) of this section, a redeeming machine for recyclables or returnables shall be located so that it is separate from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVE and SINGLE-USE ARTICLES and a public health HAZARD or nuisance is not created. (B) A redeeming machine,may be located in the PACKAGED FOOD area or CONSUMER area of a public lodging establishment -f FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES are not subject to contamination from the machines and a public health HAZARD or nuisance is not created. (C) The location of receptacles and waste handling units for REFUSE recyclables, and returnables may not create a public health HAZARD or nuisance or interfere with the cleaning of adjacent space.
26-12 5-501.110 FC Storing REFUSE, Recyclables, and Returnables. REFUSE, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.
26-13 5-501.111 FC Areas Enclosures, and Receptacles, Good Repair. Storage areas, enclosures, and receptacles for REFUSE, recyclables, and returnables shall be maintained in good repair.
26-14 5-501.113(A) FC Receptacles and waste handling units for REFUSE, recyclables, and returnables shall be kept covered: (A) Inside the public lodging establishment if the EQUIPMENT and receptacles: (1) Contain FOOD residue and are not in continuous use; or (2) After they are filled; and (B) With tight-fitting lids or doors if kept outside the public lodging establishment.
26-15 5-501.114 FC Using Drain Plugs. Drains in receptacles and waste handling units for REFUSE, recyclables, and returnables shall have drain plugs in place.
26-16 5-501.115 FC Maintaining REFUSE, Areas and Enclosures. A storage area and enclosure for REFUSE, recyclables, or returnables shall be maintained free of unnecessary items, as specified under Section 6-501.114 and clean.
26-17 5-501.116(A) FC Receptacles and waste handling units for REFUSE, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate , FOOD, EQUIPMENT, UTENSILS, LINENS, or SINGLE-SERVICE and SINGLE USE ARTICLES, and waste water shall be disposed of as specified under Section 5-402.14.
26-18 5-501.Soiled receptacles and waste handling units for REFUSE, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents
26-19 5-502.11 FC Frequency. REFUSE, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
26-20 5-502.12 FC Receptacles or Vehicles. REFUSE, recyclables, and returnables shall be removed from the PREMISES by way of: (A) Portable receptacles that are constructed and maintained according to LAW; or (B) A transport vehicle that is constructed, maintained, and operated according to LAW.
26-21 5-503.11 FC Community or Individual Facility. Solid waste not disposed of through the SEWAGE system such as through grinders and pulpers shall be recycled or disposed of in an APPROVED PUBLIC OR PRIVATE COMMUNITY RECYCLING or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated according to LAW.
26-22 5-501.11 FC Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and returnables shall be constructed of non-absorbent material such as concrete or asphalt and shall be SMOOTH, durable, and sloped to drain.
26-23 5-501.11 FC Outdoor Enclosure. If used, an outdoor enclosure for REFUSE, recyclables, and returnables shall be constructed of durable and cleanable materials.
26-24 5-501-15 FC Outside Receptacles.(A) Receptacles and waste handling units for REFUSE, recyclables, and returnables used with materials containing FOOD residue and used outside the public lodging establishment shall be designed and constructed to have tight fitting lids, doors or covers. (B) Receptacles and waste handling units for REFUSE, and recyclables such as an on site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and if the unit is not installed flush with the base pad, under the unit.
26-25 5-501.16(A) FC An inside storage area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold REFUSE, recyclables, and returnables that accumulate.
26-26 5-502.112 FC Outside Storage Prohibitions. (A) Except as specified in Paragraph (B) of this section, REFUSE receptacles not meeting the requirements specified under Paragraph 5-501.13(A) such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with FOOD residue may not be stored outside. (B) Cardboard or other PACKAGING material that does not contain FOOD residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
26-27 5-501.113(a) FC Covering Receptacles. Receptacles and waste handling units for REFUSE, recyclables, and returnables shall be kept covered: (A) Inside the [public lodging establishment] if the receptacles and units: (1) Contain FOOD residue and are not in continuous use; or (2) After they are filled.
26-28 5-501.113(B) FC Covering Receptacles. Receptacles and waste handling units for REFUSE, recyclables, and returnables shall be kept covered: (B) With tight-fitting lids or doors if kept outside the [public lodging establishment].
27-01 509.221(1) FS Wastewater or sewage shall be properly treated onsite or discharged into an approved sewage collection and treatment system.
27-02 5-403.11 FC APPROVED SEWAGE Disposal System. SEWAGE shall be disposed through an APPROVED facility that is: (A) A public SEWAGE treatment plant; or (B) An individual SEWAGE disposal system that is sized, constructed, maintained, and operated according to LAW.
27-03 61C-3.001(4) FAC Refrigerators shall be properly drained.
27-06 61C-1.004(1)(d) FAC Sewage shall be disposed of in a public sewerage system or other approved sewerage system in accordance with the provisions of Chapter 64E-6 or 62-601, FAC, herein adopted by reference, whichever is applicable.
27-08 5-403.12 FC Other Liquid Wastes and Rainwater. Condensate drainage and other nonSEWAGE liquids and rainwater shall be drained from point of discharge to disposal according to LAW.
28-01 509.201(2)(a) FS A person may not display or cause to be displayed any sign which may be seen from a public highway or street, which sign includes a statement or numbers relating to the rates charged at a public lodging establishment renting by the day or week, unless such sign includes, in letters and figures of similar size and prominence, the following information: the number of rental units in the establishment and the rates charged for each, whether the rates quoted are for single or multiple occupancy if such fact affects the rate charged, and the dates during which such rates are in effect. In each instance the rates charged may not exceed those filed with the division. A sign may not be displayed which includes a statement or numbers which appear to relate to the rate charged at a public lodging establishment when in fact the statement or numbers do not relate to such rates. [EXEMPTION --509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
28-02 509.201(2)(b) and (c) FS A person may not publish or cause to be published any advertisement, other than those referred to in paragraph (a), which includes a statement or numbers relating to rates charged at a public lodging establishment renting by the day or week unless such advertisement includes, in letters or figures immediately adjacent to said rate, a statement as to whether the rates quoted are for single or multiple occupancy if such fact affects the rates charged. Any such advertisement shall also include the number of rental units in the establishment available at the published rates, the dates during which such rates are in effect, and an indication as to whether there are other rates in effect in the establishment. The advertised rate in each instance shall coincide with the rates posted in such rental units and may not exceed those filed for such units with the division. For any such advertisement, the type size of the required additional information may not be smaller than one/twelfth of the size of the rate figures advertised or equal to the type size used in the body of the advertisement, whichever is larger. The requirements of this paragraph apply to any type of display advertisement, regardless of whether it is printed in a magazine, newspaper, or other similar publication. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).] The provisions of paragraph (b) do not apply to advertisements or listings in guides or directories which are published by nonprofit organizations or associations or to advertisements of a classified nature placed in the classified section of newspapers and other similar publications.
28-03 509.201(2)(d) FS An advertisement may not be published that contains false or misleading statements about any public lodging establishment.
28-04 509.242(3) FS A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification.
28-05 61C-3.002(3)(a) FAC An advertisement or notice, designed to attract public attention or patronage, may not be published or displayed with false or misleading statements about any public lodging establishment. This applies to any type of advertisement including signs, billboards, banners, electronic displays, pamphlets, flyers, coupons, magazines, newspapers or other similar publications and displays. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
28-06 61C-3.002(3)(b) FAC Signs - The actual rates for public lodging establishments rented by the day or week displayed on any static display or electronic sign or signs visible from a public highway or street shall not exceed the maximum rate schedules posted in each guest unit and filed with the division. At a minimum, any sign or signs as described above, displaying any room rate information shall include: 1. The number of rooms available at each rate; 2. The rate for single occupancy; 3. The extra person charge if, applicable; and 4. The effective dates of such rates, in accordance with section 509.201, FS. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
28-07 61C-3.002(3)(c) FAC No more than 1 percent variance in the size and prominence of letters and figures shall be allowed on signs containing room rate information.[EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
29-01 509.111(1) FS The operator of a public lodging establishment is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and, if such are accepted for safekeeping, the operator is not liable for the loss thereof unless such loss was the proximate result of fault or negligence of the operator. However, the liability of the operator shall be limited to $1,000 for such loss, if the public lodging establishment gave a receipt for the property (stating the value) on a form which stated, in type large enough to be clearly noticeable, that the public lodging establishment was not liable for any loss exceeding $1,000 and was only liable for that amount if the loss was the proximate result of fault or negligence of the operator.
29-02 509.111(2) FS The operator of a public lodging establishment is not liable or responsible to any guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1), unless such loss occurred as the proximate result of fault or negligence of such operator, and, in case of fault or negligence, the operator is not liable for a greater sum than $500, unless the guest, prior to the loss or damage, files with the operator an inventory of the guest's effects and the value thereof and the operator is given the opportunity to inspect such effects and check them against such inventory. The operator of a public lodging establishment is not liable or responsible to any guest for the loss of effects listed in such inventory in a total amount exceeding $1,000.
30-01 61C-3.002(1) FAC Filing - The rates to be charged for each room in every public lodging establishment shall be filed with the division on BPR form 7019, ROOM RATE SCHEDULE, incorporated herein by reference and effective 1-17-03, which form shall be provided by the division. Copies of this form may be obtained from any division office. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
30-02 61C-3.002(1) FAC A photocopy of the room rate schedule, stamped with the date it was received by the district, shall be kept available for inspection at all times. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
30-03 61C-3.002(1) FAC Where the number of rooms is 100 or more a supplementary report (such as the housekeeper's report) may be attached to BPR form 22-004 provided that BPR form 22-004 lists the total number of rooms, is signed and indicates attachment of the supplemental report. Supplemental reports shall also include: (a) Every room number in the establishment and the rates charged for each, while also showing both the single and double rate. (b) The charge for each additional person in room. The charge for the additional persons shall include bedding accommodations. (c) All additional charges such as telephone surcharge, television, air-conditioning, kitchenettes, safes, etc. (d) Statement as to whether the rates are daily or weekly. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
30-04 509.201(1) FS The rates posted in the rental units may not exceed those on file with the division, and an establishment may not charge more than the rates posted in the rental units and filed with the division. [EXEMPTION --509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-01 509.201(1) FS Copies of the posted rate schedules for all similar rental units in each establishment shall be filed with the division at least 5 days before such rates are to become effective and shall be kept current. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-02 509.201(1) FS Such posting shall show the maximum amount charged for occupancy per person; the amount charged for extra conveniences, more complete accommodations, or additional furnishings; and the dates during the year when such charges prevail. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-03 509.201(1) FS Copies of the posted rate schedules for all similar rental units in each establishment shall be filed with the division at least 5 days before such rates are to become effective and shall be kept current. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-04 509.201(1) FS The rates posted in the rental units may not exceed those on file with the division, and an establishment may not charge more than the rates posted in the rental units and filed with the division. [EXEMPTION --509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-05 61C-3.002(2) FAC Posting - The rates and additional charges filed with the division shall be posted in a conspicuous place in each guest room or unit on BPR form 22-018, NOTICE TO GUESTS, incorporated herein by reference and effective 9-25-96, or in a form incorporating the language there on. Copies of this form may be obtained from any division office. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
31-06 61C3-3.002(2) FAC Such rates shall be the actual maximum rates charged during any given rate period and shall not be a fictitious rate. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
32-01 83.49(1) FS Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either: (a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; (b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or (c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord's agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.
32-02 83.49(2) FS The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall: (a) Be given in person or by mail to the tenant. (b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution. (c) Include a copy of the provisions of subsection (3). Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.
32-03 83.49(3) FS (a) Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of [dollar amount] upon your security deposit, due to [specified reason]. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address). If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit.
32-05 83.49(7) and (8) FS Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefore, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits. Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s. 509.261.
32-06 83.49(9) FS In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month's rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.
33-02 509.141(2) and (3) FS The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows: You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state. If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day. Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
33-03 509.141(4) FS If any person is illegally on the premises of any public lodging establishment , the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.
33-04 509.142 FS Conduct on premises; refusal of service. - The operator of a public lodging establishment or public food service establishment may refuse accommodations or service to any person whose conduct on the premises of the establishment displays intoxication, profanity, lewdness, or brawling; who indulges in language or conduct such as to disturb the peace or comfort of other guests; who engages in illegal or disorderly conduct; who illegally possesses or deals in controlled substances as defined in chapter 893; or whose conduct constitutes a nuisance. Such refusal may not be based upon race, creed, color, sex, physical disability, or national origin.
33-05 509.401(1) FS If, upon a reasonable determination by an operator of a public lodging establishment, a guest has accumulated a large outstanding account at such establishment, the operator may lock the guest out of the guest's rental unit for the purpose of requiring the guest to confront the operator and arrange for payment on the account. Such arrangement must be in writing, and a copy must be furnished to the guest. [EXEMPTION -- 509.4005 FS: Applicability of s. 509.401-509.417. -- Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.]
33-06 509.401(2) FS Once the guest has confronted the operator and made arrangements for payment on the account, the operator shall provide the guest with unrestricted access to the guest's rental unit. [EXEMPTION -- 509.4005 FS: Applicability of s. 509.401-509.417. -- Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.]
33-07 509.401(3) FS The operator shall at all times permit the guest to remove from the rental unit any items of personal property essential to the health of the guest. [EXEMPTION -- 509.4005 FS: Applicability of s. 509.401-509.417. -- Sections 509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.]
33-08 61C-3.002(4) FAC The division shall consider it an unethical business practice for any establishment to engage in, or knowingly permit anyone on the licensed premises to engage in, any illegal, unfair or deceptive act. Such acts include: (a) Imposition of a charge separate and apart from, or in addition to, the room rate, that is not disclosed in writing to the guest at the time of check-in; (b) The failure to disclose that additional telephone surcharges are being applied which exceed the user-line charges of the local telephone company; and (c) When an individual or party is deprived of accommodations at a public lodging establishment after having prepaid reservations for said accommodations. To avoid depriving a guest of a prepaid reservation for accommodations at a public lodging establishment the establishment shall: 1. Make every effort to find other comparable accommodations; and 2. Refund all monies deposited for such reservation whether deposited with the public lodging establishment, or a travel or booking agent.
34-01 509.241(1) FS The division may refuse to issue a license, or a renewal thereof, to any establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the United States, or has had a license denied, revoked, or suspended pursuant to s. 400.414.
34-02 509.281(1) FS The division or an agent of the division, upon ascertaining by inspection that any public lodging establishment or public food service establishment is being operated contrary to the provisions of this chapter, shall make complaint and cause the arrest of the violator, and the state attorney, upon request of the division or agent, shall prepare all necessary papers and conduct the prosecution. The division shall proceed in the courts by mandamus or injunction whenever such proceedings may be necessary to the proper enforcement of the provisions of this chapter, of the rules adopted pursuant hereto, or of orders of the division.
34-03 509.281(2) FS Any operator who obstructs or hinders any agent of the division in the proper discharge of the agent's duties; who fails, neglects, or refuses to obtain a license or pay the license fee required by law; or who fails or refuses to perform any duty imposed upon it by law or rule is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day that such establishment is operated in violation of law or rule is a separate offense.
35-01 386.204 FS Prohibition. A person may not smoke in enclosed indoor workplace, except as otherwise provided in s. 386.2045.
35-02 386.2045 FS Enclosed indoor workplaces; specific exceptions.--Notwithstanding s. 386.204 tobacco smoking may be permitted in each of the following places: (1) PRIVATE RESIDENCE.-- A private residence whenever it is not being used commercially to provide child care, adult care, or health care, or any combination thereof as defined in s. 386.203(1). (2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products, as defined in s. 386.203(8). (3) DESIGNATED SMOKING GUEST ROOM.-- A designated smoking guest room at a public lodging establishment as defined in s. 386.203(4). (4) STAND-ALONE BAR.-- A business that meets the definition of a stand-alone bar as defined in s. 386.203(11) and that otherwise complies with all applicable provisions of the Beverage Law and this part. (5) SMOKING CESSATION PROGRAM, MEDICAL OR SCIENTIFIC RESEARCH.-- An enclosed indoor workplace, to the extent that tobacco smoking is an integral part of a smoking cessation program approved by the department, or medical or scientific research conducted therein. Each room in which tobacco smoking is permitted must comply with the signage requirements in s. 386.206. (6) CUSTOMS SMOKING ROOM.-- A customs smoking room in a airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security subject to the restrictions contained in s. 386.205.
36-01 509.2015 FS Telephone surcharges by public lodging establishments. (1) A public lodging establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by each telephone from which a call which is subject to a surcharge may originate. Such notice must be plainly visible and printed on a sign that is not less than 3 inches by 5 inches in size, and such notice shall clearly state if the surcharge applies whether or not the telephone call has been attempted or completed. (2) The division may, pursuant to s. 509.261, suspend or revoke the license of, or impose a fine against, any public lodging establishment that violates subsection (1).
37-01 509.101(2) FS It is the duty of each operator of a transient establishment to maintain at all times a register, signed by or for guests who occupy rental units within the establishment, showing the dates upon which the rental units were occupied by such guests and the rates charged for their occupancy. This register shall be maintained in chronological order and available for inspection by the division at any time. Operators need not make available registers which are more than 2 years old. Each operator shall maintain at all times a current copy of this chapter in the office of the licensed establishment which shall be made available to the public upon request.
38-01 509.032(2)(b) FS For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to public lodging establishments . . .at any reasonable time.
38-02 509.241(1) and (2) FS and 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS. Each public lodging establishment shall obtain a license from the division. Such licenses may not be transferred from one place or individual to another. Licenses shall be renewed annually. APPLICATION FOR LICENSE.-- Each person who plans to open a public lodging establishment . . . shall apply for and receive a license from the division prior to the commencement of operation. A condominium association, as defined in s. 718.103, which does not own any units classified as resort condominiums under s. 509.242(1)(c) shall not be required to apply for or receive a public lodging establishment license. It is the responsibility of the licensee to renew the license prior to the expiration date. Any public lodging establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule.
38-03 509.241(3) FS and 61C-1.002(1) and (7) FAC DISPLAY OF LICENSE. -- Any license issued by the division shall be conspicuously displayed in the office or lobby of the licensed establishment. The current license from the division shall be conspicuously displayed in the office or lobby of the establishment. If no office or lobby is present on the premises of the licensed establishment, the license must be readily available for inspection upon request. The division shall issue a license, which is BPR form 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, incorporated herein by reference and effective 9-25-96 to each public lodging establishment which has satisfied the requirements of Chapter 509, FS, and this chapter upon initial licensing and annual renewal.
38-04 509.242(2) FS If 25 percent or more of the units in any public lodging establishment fall within a classification different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed.
38-05 61C-1.002(4)(d) FAC For public lodging establishments except for resort condominiums and resort dwellings, the operator is required to notify the division immediately of any changes in the number of rental units.
38-06 61C-1.002(4)(c)(5a) FAC For inspection purposes, the licensee or designee shall, upon request, meet the inspector at the site of a specified establishment with keys to the units or dwellings.
38-07 61C-1.002(4)(c)(5b) and (5c) and (5d) FAC A licensed agent or operator shall notify the division of any and all condominium units or dwelling houses or units represented for inclusion in the license application using BPR form 21-030, LIST FOR COLLECTIVE LICENSE-RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96, or BPR form 21-031, LIST FOR SINGLE OR GROUP LICENSE-RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96. Copies of these forms may be obtained from any division office. Notification of additions or deletions of resort dwelling houses or units listed in a collective license or resort condominiums units in a single or group license shall be sent to the division at least 60 days prior to the expiration date of the license. Notification of changes is required only if changes occur. In addition, any such additions or deletions shall be maintained in a written form for inspection by request. The licensed agent or operator shall notify the division by listing the specific street address and unit number on BPR form 21-032, NOTIFICATION OF CHANGE -- RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96. Copies of this form may be obtained from any division office. Failure to fulfill any of the responsibilities of the licensee, as set forth in paragraphs a.- c. above, constitutes failure to make the premises available for inspection.
38-08 61C-1.002(4)(c)(5e) and (5f) and (5g) FAC If a unit has been removed from a collective or group license, the licensee shall inform the division in writing. In the case of a single license, the owner of the unit or dwelling shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-3, FAC. In the case of a collective license or group license, the licensed agent shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-3, FAC, if violations occurred while the unit or dwelling was listed under the licensed agent or as reflected in records filed with the division.
39-01 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept clean and free of obstructions.
39-04 61C-3.001(2) FAC Bedroom closets shall be kept clean. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the requirements described herein.]
39-08 61C-3.001(6) FAC Linen rooms, service sinks and closets - Linen rooms, service sinks and closets shall be kept clean, neat and orderly.
40-01 509.221(8) FS A person, while suffering from any contagious or communicable disease, while a carrier of such disease, or while afflicted with boils or infected wounds or sores, may not be employed by any establishment licensed under this chapter, in any capacity whereby there is a likelihood such disease could be transmitted to other individuals. An operator that has reason to believe that an employee may present a public health risk shall immediately notify the proper health authority.
40-02 61C-1.004(9)(d) FAC Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety.
40-03-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions.
40-04 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate issued by the district school board of the district in which the child is employed, certifying the child's date of birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires, employs, or suffers to work any minor shall post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided by the division upon request.
40-05 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate issued by the district school board of the district in which the child is employed, certifying the child's date of birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires, employs, or suffers to work any minor shall post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided by the division upon request.
40-06 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate issued by the district school board of the district in which the child is employed, certifying the child's date of birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires, employs, or suffers to work any minor shall post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided by the division upon request.
41-01 364.3376(5) FS Each call aggregator shall post in the immediate vicinity of each telephone available to the public the name of the operator service provider, a toll-free customer service number, a statement that rate quotes are available upon request, and instructions on how the end-user may access other operator service providers and such other information determined by the commission to be necessary in the public interest.
42-01 364.3376(6) FS Neither the operator service provider nor the call aggregator shall block or prevent an end-user's access to the end-user's operator service provider of choice, except that the commission shall grant limited waivers to operator service providers or call aggregators upon a showing that such waiver is in the public interest.
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