Chris M. Iles, Petitioner, filed on September 29, 2006.; The Petition requests an interpretation of Section 633.071(1), Florida Statutes, relating to inspection reports and tagging of preengineered systems and specifically asks the Division of State ...

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

NOTICE IS HEREBY GIVEN THAT Division of State Fire Marshal has received the petition for declaratory statement from Chris M. Iles, Petitioner, filed on September 29, 2006.The petition seeks the agency's opinion as to the applicability of Section 633.071(1), Florida Statutes, as it applies to the petitioner.
The Petition requests an interpretation of Section 633.071(1), Florida Statutes, relating to inspection reports and tagging of preengineered systems and specifically asks the Division of State Fire Marshal: 1. What is the definition of “completed in detail” in reference to pre-engineered systems failing the inspection, by statute? 2. If a pre-engineered system is found to be totally non-functional should it be tagged by the inspecting company? 3. If yes, should there be any indicating notes on the tag declaring that the system will not function and a hazard exists? 4. Once it has been determined by the servicing contractor that a system does not function by any means, what is the Contractor’s responsibility to the owner in regards to the hazards (no cooking); considering the system will not function to extinguish a fire under the hood? 5. Is the Contractor authorized /mandated to inform the owner that cooking under this hood is not allowed nor is it safe? 6. The inspecting authority by statute has 30 days to notify the AHJ (fire official) of this nonfunctioning system. Who is responsible within those 30 days before notification to the AJH for any injuries, loss of life or property damage in the occupancy due to a nonfunctional preengineered system failing to extinguish the fire under the hood? 7. After the AJH (fire official) is notified of this discrepancy is the AJH authorized to order the owner to close down the kitchen until the system is repaired?
A copy of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, [phone], Fax [phone]. Please advise if you would like the copy mailed or faxed to you and include your phone number and fax number on your request. You may e-mailing your request to Lesley.Mendelson @fldfs.com.