Fort Myers Beach Fire Control District (the “Petitioner”); The Notice of Petition for Declaratory Statement was published October 8, 2014 in Vol. 40, No. 198 of the Florida Administrative Register. The Petition seeks the Department’s clarification ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal (the “Department”), has issued an order disposing of the petition for declaratory statement filed by Fort Myers Beach Fire Control District (the “Petitioner”) on October 1, 2014. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published October 8, 2014 in Vol. 40, No. 198 of the Florida Administrative Register. The Petition seeks the Department’s clarification on the applicability of Section 553.79(13), Florida Statutes. Specifically, if one-family and two-family detached homes are exempt from inspection and review by the local AHJ and the Florida Fire Prevention Code (the “FFPC”), whether one-family and two-family homes, which are in normal use and not part of a vacation or timeshare rental are subject to annual inspection and enforcement by the AHJ and the FFPC. The Petition was answered: Section 553.79, Florida Statutes, is not under the authority of the State Fire Marshal. Therefore, the Department is unable to provide a response to this question. However, according to Section 633.208(8), Florida Statutes, the provisions of the Life Safety Code, as contained in the FFPC, do not apply to newly constructed one-family and two-family dwellings.

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].