David Cash, Polk County Fire Chief (the “Petitioner”); The Notice of Petition for Declaratory Statement was published August 4, 2014, in Vol. 40, No. 150 of the Florida Administrative Register. The Petitioner sought a determination by the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services (the “Department”) has issued an order disposing of the petition for declaratory statement filed by David Cash, Polk County Fire Chief (the “Petitioner”) on July 28, 2014. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published August 4, 2014, in Vol. 40, No. 150 of the Florida Administrative Register. The Petitioner sought a determination by the Department as to: 1) In light of Section 633.202(16)(a), Florida Statutes (2014), whether a barn or similar structure that is rented out has to meet the requirements of the Florida Fire Prevention Code (the “FFPC”), if the structure is being used as assembly occupancy, and do these structures remain exempt if they are being used commercially or rented out for assembly occupancy. 2) Does Section 604.50(1), Florida Statutes, exempt “non-residential farm buildings” from the FFPC. 3) Do “farm outbuildings” continue to be exempt under Section 633.226(1), Florida Statutes, if they are rented out or used for weddings, fundraisers, corporate events, birthday parties, musical events and other social gathering. 4) Does AGO 86-04 define “farm outbuilding” for purposes of Section 633.226(1), Florida Statutes. The Department determined that 1) Section 633.202(16)(a), Florida Statutes, exempts structures located on agricultural property and which are part of farming or ranching operation from the applicable sections of the Florida Fire Prevention Code. However, the exemption doesn’t apply when occupancy of the structure exceeds 35 persons and is used by the public for direct sales. The statutory exemption also does not apply to structures used for assembly occupancy, defined by the FFPC as occupancy used for a gathering of 50 or more persons for deliberation, worship, entertainment, eating, drinking and amusement (NFPA 101:3.3.188.2). 2) Section 604.50(1), Florida Statutes, is not under the authority of the State Fire Marshal. 3) “Farm outbuildings” used for agricultural purposes as provided in Section 633.202(16)(a), Florida Statutes are exempt under Section 633.226(1), Florida Statutes. However, the use of farm outbuildings for non-agricultural events and other social-type gatherings by the public would be considered assembly occupancy as defined by the FFPC and is not exempt under Section 633.226(1), Florida Statutes. 4) The Department is not bound by AGO 86-04, which defines “farm outbuildings” for purposes of contracting under Section 489.103(7), Florida Statutes.

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