Department of Financial Services, Division of State Fire Marshal,; The Petition requested a Declaratory Statement regarding the Florida Fire Prevention Code, Florida Administrative Codes, Florida Statutes, and the School Board involving Horizon ...

 

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 Department of Financial Services, Division of State Fire Marshal, on November 20, 2007. The following is a summary of the agency’s disposition of the petition:

The Petition requested a Declaratory Statement regarding the Florida Fire Prevention Code, Florida Administrative Codes, Florida Statutes, and the School Board involving Horizon Middle School in Kissimmee, Florida, over which the Petitioner is the Authority Having Jurisdiction. The Declaratory Statement concludes that local amendments to Rule Chapter 69A-58, Florida Administrative Code, are not allowed pursuant to Sections 633.022 and 1013.12, Florida Statutes. If the effect of the Land Development Code ordinance is to amend the rule, then it is invalid. The Department’s rule does require consideration of placement of fire hydrant assemblies and does not conflict with Section 1013.33, Florida Statutes.

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, FL 32399-0340, or by e-mailing your request to [e-mail].