Don Petito, Petitioner, Assignment # 128511, on September 10, 2012.; Questions: 1. Is the Division of Hotels and Restaurants of the Department of Business and Professional Regulation the entity responsible for inspecting Vacation Rentals and ...

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from Don Petito, Petitioner, Assignment # 128511, on September 10, 2012.The petition seeks the agency's opinion as to the applicability of Chapter 509, F.S., Chapter 633, F.S., Chapter 69, F.A.C. and the Fire Prevention Code as it applies to the petitioner.
Questions: 1. Is the Division of Hotels and Restaurants of the Department of Business and Professional Regulation the entity responsible for inspecting Vacation Rentals and enforcing the Uniform Fire Safety Standards for Transient Public Lodging Establishments, Timeshare Plans, or Timeshare Unit Facilities? 2. If the answer if “yes” to Question #1, does the Flagler County Fire Rescue Department also have the responsibility for inspecting Vacation Rentals and enforcing the Uniform Fire Safety Standards for Transient Public Lodging Establishments, Timeshare Plans, or Timeshare Unit Facilities? 3. If the answer if “yes” to Quest6ion #2, what code and statutory provisions grant the Flagler County Fire Rescue Department such authority? 4. Does the Flagler County Fire Rescue Department have the right of entry and access to Vacation Rentals, in order to inspect for possible violations of the Uniform Fire Safety Standards for Transient Public Lodging Establishments, Timeshare Plans, or Timeshare Unit Facilities? 5. If the answer if “yes” to Question #4, what code and statutory provisions grant the Flagler County Fire Rescue Department such authority? 6. If the answer if “yes” to Question #4, and the subject Vacation Rental was issued a certificate of occupancy as a single family home, does the Flagler County Fire Rescue Department inspect the structure in the context of the regulations applicable to a single family home, or in the context of the regulations applicable to a Vacation Rental? 7. If the Uniform Fire Safety Standards for Transient Public Lodging Establishments, Timeshare Plans, or Timeshare Unit Facilities contains an occupancy standard that conflicts with the occupancy standard of the Flagler County Land Development Code, which code prevails?
A copy of the Petition for Declaratory Statement may be obtained by contacting: Linje Rivers, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, phone [phone], fax number [phone] (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises), or by e-mailing your request to [e-mail].