Florida Association of Condominiums; Petitioner is asking for a determination of: 1) Under what authority can State and/or local Fire Marshal require a fire sprinkler system as part of an ELSS if the Association followed the proper procedures ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that Department of Financial Services has received the petition for declaratory statement from Florida Association of Condominiums. The petition seeks the agency's opinion as to the applicability of Section 718(2)(2), Florida Statutes, and NFPA 101:31.3.5.12.4 as it applies to the petitioner.

Petitioner is asking for a determination of: 1) Under what authority can State and/or local Fire Marshal require a fire sprinkler system as part of an ELSS if the Association followed the proper procedures outlined in statute to opt out of retrofitting sprinklers; and 2) whether local Fire Marshals have the authority to increase the standards of the state adopted fire code or are they required to strictly follow the protocols under Section 101A of the Florida adopted code; and 3) if the State Fire Marshal has the authority to increase standards of the state adopted fire code, under what authority (statute or rule) does this authority exist; and 4) if the local Fire Marshal does not have the authority to increase standards, has the State Fire Marshal advised the local Fire Marshals that requiring fire sprinklers in any part of an association’s property is a violation of Florida law; and 5) what administrative process to appeal is afforded an association when the local Fire Marshal refuses to approve an ELSS plan unless it includes some form of a fire sprinkler system?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Sarah Marcos at [e-mail] or [phone].

Please refer all comments to: [e-mail].