Philip W. Green, Fire Marshal, Estero Fire Rescue,; The Notice of Petition for Declaratory Statement was published in Vol. 39, No. 207, of the Florida Administrative Register on October 23, 2013. The subject of the Petition is compliance with the ...

 

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 Philip W. Green, Fire Marshal, Estero Fire Rescue, on September 27, 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. 207, of the Florida Administrative Register on October 23, 2013. The subject of the Petition is compliance with the property owner notification requirements of Section 633.208(9), Florida Statutes, when a political subdivision is contemplating a fire sprinkler requirement for one- and two-family dwellings. The Division of State Fire Marshal determined that: (1) Section 633.208(9), Florida Statutes, requires the local government to provide a letter documenting specific infrastructure or other tax or fee allowances and waivers to owners of one- or two-family dwellings prior to initiation of legal proceedings necessary to consider adoption of a sprinkler requirement; (2) neither Section 633.208(8) nor Section 633.208(9), Florida Statutes, require that a copy of the economic cost and benefit report required by subsection (9) be presented to owners of one-and two-family dwellings; and (3) presentation of a copy of the economic cost and benefit report to the owners of every one- and two-family dwelling does not constitute compliance with the notice requirement in Section 633.208(9), Florida Statutes, unless the report documents specific infrastructure or other tax or fee allowances and waivers that are listed in but not limited to those described in subsection (8).

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.