The purpose of the proposed rule is to align the rule with statutory changes made to Section 553.721, F.S. The revised statutory language requires the State Fire Marshal to adopt rules to address the implementation of surcharge funds used to fund ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-60.011Informal, Non-Binding Interpretations of the Florida Fire Prevention Code

PURPOSE AND EFFECT: The purpose of the proposed rule is to align the rule with statutory changes made to Section 553.721, F.S. The revised statutory language requires the State Fire Marshal to adopt rules to address the implementation of surcharge funds used to fund the Florida Fire Prevention Code informal, non-binding interpretations.

SUMMARY: The changes outline the qualifications, application process, and use of surcharge funds utilized by individuals applying for an informal interpretation of the Florida Fire Prevention Code.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Division of State Fire Marshal conducted an analysis of the proposed rules’ potential economic impact and determined that it did not exceed any of the criteria established in subsection 120.541(1), F.S., and it therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 553.721, 633.104, 633.212, FS.

LAW IMPLEMENTED: 553.721, 633.212, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, November 15, 2017, 10:00 a.m.

PLACE: 3rd Floor Conference Room, the Atrium Building, 325 John Knox Road, Tallahassee, FL.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casia Sinco, telephone: [phone], email: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, address: 200 East Gaines Street, Tallahassee, Florida 32399-0342, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-60.011 Informal, Non-Binding Interpretations of the Florida Fire Prevention Code.

(1) Definitions. For purposes of this rule section:

(a) through (c) No change.

(d) “Fire Code Interpretations Committee,” or “FCIC,” means the committee established to provide informal, non-binding interpretations of the Code.

(e) “Surcharge Funds” means funds from permit fees associated with the enforcement of the Florida Building Code, as described in Section 553.721, F.S.

(2) Membership of the FCIC.

(a) No change.

(b) Each person serving on the FCIC must have on file with the Division Form DFS-K3-1673, (rev. 01/06), “Member Application for Fire Code Interpretations Committee,” adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the State Fire Marshal’s website located at http://www.MyFloridaCFO.com/division/SFM.

The first seven applications received from individuals who meet the qualifications set forth in subsection Section 633.212(2), F.S., and the geographic requirements set forth in paragraph (a), and who are approved by the Division, shall be appointed as members. The next seven applications received from individuals who meet the qualifications set forth in subsection Section 633.212(2), F.S., and the geographic requirements set forth in paragraph (a), and who are approved by the Division, shall be appointed as alternate members. Applications to serve on the FCIC may be submitted at any time and will be kept on file to fill vacancies as they occur. When a vacancy occurs, the existing alternate will be appointed to serve in the vacant seat. An alternate will be chosen for the seat in the same manner as the original member was chosen.

(c) The name of each person to serve on the FCIC must be on file with the Division at least thirty (30) days before that person may voice an opinion or cast a vote as a member of the FCIC on a petition for an informal, non-binding interpretation.

(3) Procedures.

(a) To obtain an informal, non-binding interpretation of the Code, the petitioner Petitioner shall submit to the Contractor a fee of $110 and a fully completed petition Petition using Form DFS-K3-2050, “Petition for an Informal, Non-Binding Interpretation of the Florida Fire Prevention Code,” Rev._____Eff. 4/13, adopted and incorporated by reference herein. This form may be obtained by visiting the Division’s website located at http://www.MyFloridaCFO.com/division/SFM. The petitioner must include a fee of $110 or elect to use Surcharge Funds to subsidize the fee.

(b) Petitioners may elect to use Surcharge Funds to subsidize the fee on Form DFS-K3-2050.  Petitioners shall only be entitled to four (4) subsidized petitions per calendar year.  Local authorities having jurisdiction shall only be entitled to four (4) subsidized petitions for the entire organization per calendar year, regardless of who in the organization submits the petition.  Subsidized petitions shall only be granted until the Surcharge Funds are exhausted.  If all of the Surcharge Funds have been exhausted, the Contractor shall notify the petitioner and give petitioner an opportunity to pay the $110 fee or withdraw the petition.

(c)(b) The Contractor, through its designated representative or representatives, shall review each petition. If the petition does not qualify for consideration by the FCIC, the Contractor shall notify the petitioner in writing of the reason why it does not qualify for consideration, arrange for a refund of the fee (if paid), and shall take no further action. If the petition is proper and the fee of $110 has been received or the petitioner’s election to use Surcharge Funds has been granted, the Contractor shall assign the petition to the FCIC and provide a copy of the petition to the local fire official if the petition requests review of an interpretation of the Code made by the local fire official. The Contractor shall notify the local fire official that he or she may submit a written response to the petition to the FCIC within three (3) business days following the local fire official’s receipt of the petition.

(d)(c) No change.

(e)(d) A meeting to consider the petition shall be held if requested by two or more FCIC members. The meeting may be conducted in person or as otherwise authorized by law. electronically.

(f)(e) Each FCIC member participating in an informal, non-binding interpretation shall submit his or her individual response to the Contractor within eight (8) business days after the Contractor’s receipt of the petition.  The Contractor FCIC shall prepare a response that is the result of a vote of at least a majority of the members of the FCIC and each member of the FCIC who reviewed the petition must be identified in the response.  The Contractor shall distribute the response to the FCIC for a final vote within nine (9) business days after the Contractor’s receipt of the petition.

(g)(f) Following the final vote,T the Contractor shall forward the majority FCIC response without comment or amendment by the Contractor to the petitioner via electronic transmission or regular mail within 10 business days after the Contractor’s receipt of the petition, unless that time period has been waived in compliance with subsection Section 633.212(3), F.S. The FCIC response must include the notice required by subsection Section 633.212(8), F.S., concerning the petitioner’s right to request a formal interpretation from the State Fire Marshal pursuant to subsection Section 633.104(6), F.S.

(h)(g) No change.

(i)(h) The Contractor Division shall publish on its Internet website each petition that is assigned to the FCIC by the Contractor, any response to the petition submitted by the local fire official, and the majority FCIC response to the petition. The Division shall also publish the majority FCIC response to the petition in the Florida Administrative Register.

(j)(i) No change.

(k)(j) No person serving on the FCIC is permitted to participate in the consideration of any matter involving such person’s own jurisdiction, if he or she is the firesafety inspector for that jurisdiction, and the firesafety inspector’s whose duties by statute, rule, ordinance, or code require or permit him or her to inspect any building or structure which is the subject of the petition provided to the FCIC, or if that person has provided input on the matter for the building or structure that is the subject of the petition.

(l)(k) No change.

Rulemaking Authority 553.721, 633.104, 633.212 FS. Law Implemented 553.721, 633.212 FS. History–New 4-26-07, Amended 5-29-13,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 29, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2016