Florida Association of Condominiums to Support Self-Determination; The petition requests a declaratory statement from the Department on five questions: 1) Under what authority can State and/or local Fire Marshal require a fire sprinkler system, ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Florida Association of Condominiums to Support Self-Determination on November 5, 2019. The following is a summary of the agency's disposition of the petition:

The petition requests a declaratory statement from the Department on five questions: 1) Under what authority can State and/or local Fire Marshal require a fire sprinkler system, whether in the units or in common areas, as part of an ELSS if the association followed the proper procedures outlined in statute and opted out of retrofitting sprinklers anywhere on its association property? 2) Do local Fire Marshals have the authority to increase the standards of the state adopted fire code or are they required to strictly follow the protocols under Section 101A of the Florida adopted code? 3) If the State Fire Marshal has the authority to increase standards of the state adopted fire code, under what authority (statute or rule) does this authority exist? 4) If the local Fire Marshal does not have the authority to increase standards, has the State Fire Marshal advised the local Fire Marshals that requiring fire sprinklers in any part of an association’s property is a violation of Florida law? 5) What administrative process to appeal is afforded an association when the local Fire Marshal refuses to approve an ELSS plan unless it includes some form of a fire sprinkler system? Petitioner is a domestic not-for-profit corporation and is not a local enforcing agency or authority having jurisdiction. The petition states that there has been no litigation filed and no appeals filed by Petitioner. paragraph 69A-60.007(5)(d), Florida Administrative Code, requires the petition be dismissed without prejudice to re-bring the petition after petitioner has received an adverse ruling through the local appeal process.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Sarah Marcos at [e-mail] Please refer all comments to: Sarah Marcos at [e-mail].