Fort Myers Beach Fire Control District (the “Petitioner”) on October 1, 2014.; The Petition seeks the Department’s clarification of whether (1) and (2) detached family homes are exempt from Fire Code review and inspection by the local fire authority?...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal (the “Department”) has received the petition for declaratory statement from Fort Myers Beach Fire Control District (the “Petitioner”) on October 1, 2014. The petition seeks the agency’s opinion as to the applicability of Fire Code review as it applies to the petitioner.

The Petition seeks the Department’s clarification of whether (1) and (2) detached family homes are exempt from Fire Code review and inspection by the local fire authority? If yes, is a local fire ordinance required for (1) and (2) detached family homes to be made subject to Fire Code review and inspection? Additionally, the Petition seeks clarification on whether (1) and (2) detached family homes, which are in normal use and not part of a vacation or timeshare rental as defined in Chapter 721, Florida Statutes (2014), are subject to annual inspection and enforcement of the Fire Prevention Code by the local fire authority and whether (1) and (2) detached family homes, that are in normal use and not part of a vacation or timeshare rental as defined in chapter 721, Florida Statutes (2014), but are part of a master planned condominium community, are subject to Fire Code review and inspection by the local fire authority.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Melissa E. Dembicer, Assistant General Counsel, Division of Legal Services, 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0333, [phone], email: [e-mail].

Please refer all comments to: Melissa E. Dembicer.

Responses, motions to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this Notice.