William Harrison, Fire Marshal, Clermont Fire Department; The Notice of Petition for Declaratory Statement was published in Vol. 39, No. 150, of the Florida Administrative Register on August 2, 2013. The subject of the Petition is an interpretation ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by William Harrison, Fire Marshal, Clermont Fire Department on July 25, 2013. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 39, No. 150, of the Florida Administrative Register on August 2, 2013. The subject of the Petition is an interpretation of NFPA-1: 60.1, 60.1.24(3), and 60.2, Florida Fire Prevention Code (Fire Code), Florida Edition (2011). The Petition concerns the application of setback requirements for property containing a storage system holding an aqueous solution of sodium hypochlorite. The Petition also asked whether it is the intent of the Fire Code to apply setback requirements to tanks that store this solution since sodium hypochlorite is exempt from regulation by the Florida Department of Environmental Protection (DEP). After a review of DEP paragraph 62-762.301(2)(y), Florida Administrative Code and the implementing statute as well as the various applicable sections of the Fire Code, the Division of State Fire Marshal has determined that the DEP exemption of sodium hypochlorite from environmental laws does not affect enforcement of the Florida Fire Prevention Code; sodium hypochlorite is a corrosive and a 20 foot setback is required for a storage tank, unless the owner can achieve compliance with the Fire Code through other prescriptive or performance-based provisions (FFPC-1:4.3).

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: R. Terry Butler, Assistant General Counsel, Department of Financial Services, Room 612A, Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0333.