Phillip Green (the “Petitioner”); The Notice of Petition for Declaratory Statement was published October 20, 2015 in Vol. 41, No. 162 of the Florida Administrative Register. The Petition asks whether section 633.124(2)(a), Florida Statutes, ...

 

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 Phillip Green (the “Petitioner”) on August 12, 2015. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published October 20, 2015 in Vol. 41, No. 162 of the Florida Administrative Register. The Petition asks whether Section 633.124(2)(a), Florida Statutes, applies to fire sprinkler systems installed in one and two family dwellings based on a local government requirement in accordance with Section 633.208, Florida Statutes. The Petition was answered: The requirement to maintain an operable fire protection system only applies to those systems in locations which are mandated by statutes and rules, pursuant to Section 633.124(2)(a), Florida Statutes. One and two family dwellings do not fall within these requirements as there are no statutes and rules requiring such systems be installed in one and two family dwellings pursuant to Section 633.208(8), Florida Statutes. If a local government enacts such an ordinance, and the homeowner of a one or two family dwelling disables the fire protection system, the homeowner could not be charged with a first degree misdemeanor pursuant to Section 633.124(2)(a).

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, 200 E. Gaines Street, Tallahassee, Florida 32399-0333 or by email: [e-mail].