Judges: ROBERT T. BENTON, II
Agency: Department of Business and Professional Regulation
Latest Update: May 13, 1982
Summary: Respondent delayed fixing fire extinguishers and other problems with hotel. Fire extinguishers should have been fixed immediately. Fine $25.00.
82-0298.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DIVISION OF HOTELS AND )
RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 82-298
)
GRIFFIN, t/a CARLTON COURT, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Belle Glade, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton II, on March 22, 1982. Mr. L. E. Griffin appeared on his own behalf. Petitioner was represented by counsel:
John A. Boggs, Esquire 725 South Bronough Street
Tallahassee, Florida 32301
By notice to show cause, petitioner alleged that three violations of statute and rules were discovered at respondent's premises on November 30, 1981, viz.
Violation of Rule 7C-1.04(1),
Fire extinguishers are inadequate in num- ber; one is unapproved type; one is not properly [sic] maintained (serviced [sic] required).
Violation of Rule 7C-1.03(1),
Rotted wood; rear overhang; at stairs, not replaced. Open spaced railings have not been "closed".
Violation of Section 509.221(s) Florida Statutes, Public walkways are in bad repair; not level; and elevated from ground base.
Petitioner filed a motion for leave to amend notice to show cause/ administrative complaint, which respondent has not opposed, and which is hereby GRANTED, so that "Section 509.221(s)" is amended to read "Section 509.221(2)."
FINDINGS OF FACT
On November 16, 1981, Arnold J. Pergament, an inspector in petitioner's employ, visited Mr. Griffin's establishment. He found one fire extinguisher
missing; one fire extinguisher to be of an unapproved type; and one that had last been serviced more than a year earlier. Mr. Pergament had originally called the fire extinguishers to Mr. Griffin's attention on July 20, 1981.
Some structural wood had rotted, Mr. Pergament noted on November 16, 1981. Metal railings had wide spaces between vertical and horizontal members. These railings had been in place for approximately 15 years, however, without comment by Mr. Pergament who inspected all that time.
On July 20, 1981, Mr. Pergament first noticed that a concrete walkway was in disrepair. In places, it was pitched at angles that made walking awkward. This situation persisted through November 16, 1981, even though it had originally been brought to Mr. Griffin's attention in July.
By December 9, 1981, Mr. Griffin had begun taking steps to correct the deficiencies Mr. Pergament had listed. The parties stipulated that all problems had been corrected as of December 31, 1981.
CONCLUSIONS OF LAW
No evidence was adduced to show that Mr. Griffin holds a license issued by the petitioner, but that fact was not in controversy between these parties. The demand for hearing signed by Mr. Griffin to initiate these proceedings identifies Mr. Griffin as "holding license number 60-2500-H."
Petitioner is authorized to "suspend or revoke the license of any public lodging establishment . . . that has operated . . . in violation of any of the provisions of . . . chapter [509] . . . [or i]n lieu of the suspension or revocation . . . impose fines . . . [not to] exceed $500 for each offense . . .
." Section 509.261(1) and (2), Florida Statutes (1981).
Petitioner alleged that respondent's walkway was maintained in violation of Section 509.221(2), Florida Statutes (1981), which provides:
Each public lodging establishment and
each public food service establishment shall be properly plumbed, lighted, heated, cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests. Such proper lighting shall be construed to apply both daylight
and artificial illumination; such proper plumbing shall be constructed and plumbed according to proper sanitary principles; and such proper ventilation or cooling shall be construed to mean at least one door and one window in each room.
Petitioner also alleged violations of two separate rule provisions:
Roofs, walls, ceilings, floors, stairs, A steps, windows, transoms, shelves, fixtures, etc., shall be kept in good repair, clean and painted-where applicable. Rule 7C-1.03 (1), Florida Administrative Code.
The following general requirements and stan- dards shall be met by all public lodging . . . establishments:
Fire Extinguishers (required for
Class A fires--ordinary combustibles)--There shall be one of the following types of fire extinguishers for each 3000 square feet or less of floor space on each floor and the maximum travel distance to the nearest fire extinguishers shall not exceed 75 feet:
2 1/2 gallon soda acid fire extin- guisher
2 1/2 gallon pressurized water fire extinguisher
2 1/2 gallon pressurized anti-freeze fire extinguisher
2 1/2 gallon cartridge operated water fire extinguisher
2 1/2 gallon cartridge operated anti-freeze fire extinguisher
2 1/2 gallon foam fire extinguisher
4 lb. to 10 lb. ABC fire extin- guisher (with minimum rating of 2A-10BC)
Note: Two of any of the above sizes
of ABC extinguishers with 1A-10BC rating, may be used in place of one ABC with 2A-10BC rating.
Fire extinguishers (required for Class
B--Flammable Liquids--grease, oil, etc. and Class C fires--Electrical) --In addition to the above (except when ABC extinguishers are used) there shall be a minimum of one
5 lb. dry chemical fire extinguisher on each floor for each 100 feet of travel distance or less. Extinguisher must be placed so the minimum travel distance to the nearest 5 lb.
dry chemical extinguisher is not over 50 feet. Rule 7C-1.04(1)7 Florida Administrative Code.
The evidence established violations of the fire extinguisher rule and of Rule 7C-1.03(1), Florida Administrative Code (rotted wood). The belated correction of the problems with the fire extinguishers evinced a failure to operate the establishment "with strict regard to the health . . . of the guests." Section 509.221(2), Florida Statutes (1981). Delay in making the other changes is more understandable and should not count too harshly against the respondent.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That petitioner fine respondent Twenty-five Dollars ($25).
DONE AND ENTERED this 6th day of April, 1982, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of April, 1982.
COPIES FURNISHED:
L. E. Griffen Carlton Court
Nine Northwest Avenue D Belle Glade, Florida 33430
John A. Boggs, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Sherman S. Winn, Director Division of Hotels and Restaurants
725 South Bronough Street Tallahassee, Florida 32301
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION DIVISION OF HOTELS AND RESTAURANTS
DIVISION OF HOTELS AND RESTAURANTS,
Petitioner,
vs. DOAH CASE NO. 82-298
H&R Control No. 60-2500H
E. GRIFFIN d/b/a CARLTON COURT,
Respondent.
/
FINAL ORDER
The Director of the Division of Hotels and Restaurants, Department of Business Regulation, State of Florida, by virtue of the authority granted to him under the laws of the State of Florida, and in particular Chapter 509, Florida Statutes, enters this order constituting final agency action in the above-styled cause and finds as follows:
pursuant to Section 120.57(9), Florida Statutes, the Division of Hotels and Restaurants, Department of Business Regulation, State of Florida, hereby adopts the findings of fact and conclusions of law set forth in the Recommended Order of the Hearing Officer entered in this matter on April 6, 1982. A copy of the Recommended Order of the Hearing Officer is attached hereto and those portions adopted incorporated herein as exhibit 1.
After review of the entire record, which is comprised solely of the transcript of the proceedings in this matter on March 22, 1982, and the testimony contained therein, pursuant to Section 120.57(9), Florida Statutes, it is hereby:
ORDERED that a civil penalty in the amount of one hundred (100) dollars be and is hereby assessed against Respondent.
IT IS FURTHER ORDERED that Respondent shall have thirty (30) days in which to pay the assessed civil penalty in the amount of one hundred (100) dollars or Respondent's public lodging establishment no. 60-2500H, shall be immediately suspended for a period of ten (10) days commencing upon expiration of the time in which Respondent has been allowed to pay said civil penalty.
DONE AND ORDERED this 10 day of May, 1982, at Tallahassee, Florida.
SHERMAN S. WINN, DIRECTOR
Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301
(904) 488-1133
COPIES FURNISHED:
JOHN A. BOGGS, ESQUIRE
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
L. E. GRIFFIN Carlton Court
9 N. W. Avenue E
Belle Glade, Florida 33430
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings 2009 Apalachee Parkway
Tallahassee, Florida 32301
LEWIS REIF
Division of Hotels and Restaurants Robert Hayes Gore Building
201 W. Broward Boulevard Room 104
Fort Lauderdale, Florida 33301
Docket for Case No: 82-000298
Orders for Case No: 82-000298
| Issue Date |
Document |
Summary |
|
May 10, 1982 |
Agency Final Order
|
|
|
Apr. 06, 1982 |
Recommended Order
|
Respondent delayed fixing fire extinguishers and other problems with hotel. Fire extinguishers should have been fixed immediately. Fine $25.00.
|
