Anthony C. Apfelbeck, Petitioner, a Fire Official with the City of Altamonte Springs, FL with the responsibility of enforcing the Florida Fire Prevention Code; Petitioner seeks an interpretation of s. 718.112; s. 633.0215 and Fire Prevention Code 31....

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has issued an order disposing of the petition for declaratory statement filed by Anthony C. Apfelbeck, Petitioner, a Fire Official with the City of Altamonte Springs, FL with the responsibility of enforcing the Florida Fire Prevention Code on October 16, 2008. The following is a summary of the agency's disposition of the petition:

Petitioner seeks an interpretation of Section 718.112, F.S.; Section 633.0215, F.S., and Fire Prevention Code 31.3.4.1.1, as it pertains to Petitioner’s particular set of circumstances. Capistrano Condominiums has voted to “forgo retrofitting a fire alarm system and/or engineered life safety system of any kind.” The Declaratory Statement answers the petition by Part one of the question asks whether a fire alarm system is an engineered life safety system. See Tavss, James M., Community Manager, Ro-Mont South Executive Council, case number 83852-05-FM, which explains that a fire alarm system is not in an of itself an engineered life safety system. Part two of the question asks whether the Capistrano Association may opt out of installing a fire alarm system as provided in Section 718.112, Florida Statutes. The Department is not authorized to issue declaratory statements that apply another Department’s statutes to the Petitioner’s particular set of circumstances, but notes that the Department of Business and Professional Regulations has answered a similar question in the negative in a Declaratory Statement captioned, In Re the Petition of James M. Tavss, Community Manager, Ro-Mont South Executive Council, Inc., case number 2006044670. Question: Does Capistrano Association’s vote or “Certificate Attesting to Vote for Waiver of Engineered Lifesafety System Requirements for Capistrano allow the Capistrano Association to forgo the retrofitting of a fire alarm system required by the NFPA 101-31.3.4.1.1?” Answer: The Code requires that apartment buildings with more than eleven dwelling units be provided with a fire alarm system. Whether the buildings in question can opt out of the Code requirements under the provisions of Section 718.112, Florida Statutes, is not within the Department’s jurisdiction to answer.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340 or [phone], [phone]; Fax [phone] or [phone] (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises) or by e-mailing your request to [e-mail].