To adopt a rule providing for informal non-binding interpretations of the Florida Fire Prevention Code, as directed by Section 633.026, Florida Statutes.

RULE NO: RULE TITLE
69A-60.011: Non-Binding Interpretations of the Florida Fire Prevention Code
PURPOSE AND EFFECT: To adopt a rule providing for informal non-binding interpretations of the Florida Fire Prevention Code, as directed by Section 633.026, Florida Statutes.
SUMMARY: Provides procedures for informal non-binding interpretations of the Florida Fire Prevention Code.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Regulatory Costs was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 633.01 FS., 633.026 FS.
LAW IMPLEMENTED: 633.026 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW (IF A HEARING IS NOT REQUESTED, NO HEARING WILL BE HELD):
TIME AND DATE: 9:00 a.m., March 16, 2006
PLACE: Room 116, Larson Building, 200 East Gaines, Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342, [phone], Fax [phone], e-mail: [e-mail]
Pursuant to the provisions of the Americans with Disabilities Act and Section 286.26, Florida Statutes, any person requiring special accommodations to participate in this program, please advise the Department at least 48 hours before the program by contacting: Millicent King, [phone].
THE FULL TEXT OF THE PROPOSED RULE IS:

69A-60.011 Non-Binding Interpretations of the Florida Fire Prevention Code.

(1) Definitions. For purposes of this rule section:

(a) "Code" means the Florida Fire Prevention Code.

(b) "State Fire Marshal" means the Chief Financial Officer of the State of Florida acting as State Fire Marshal, or the Division of State Fire Marshal, as the context requires.

(c) "Organization" means the entity with which the State Fire Marshal enters into a contract to provide administrative services in support of informal, non-binding interpretations as described in Section 633.026, F.S.

(d) "Fire Code Interpretations Committee," or "FCIC," means the committee established to provide informal interpretations of the Florida Fire Prevention Code.

(2) Procedures. The following procedures apply to the organization and to the FCIC.

(a) The FCIC shall consist of seven members, with one firesafety inspector and one alternate firesafety inspector certified in accordance with Section 633.081(2), F.S., representing each of the seven emergency management regions of the State which are described as follows:

1. Emergency Management Region 1 Counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Jackson, Washington, Bay, Gulf, Calhoun;

2. Emergency Management Region 2 Counties: Gadsden, Liberty, Leon, Franklin, Wakulla, Taylor, Jefferson, Madison, Lafayette, Hamilton, Suwannee, Columbia, Dixie;

3. Emergency Management Region 3 Counties: Nassau, Duval, Clay, St. Johns, Flagler, Putnam, Bradford, Union, Baker, Levy, Alachua, Gilchrist;

4. Emergency Management Region 4 Counties: Citrus, Hernando, Pasco, Pinellas, Hillsborough, Polk, Manatee;

5. Emergency Management Region 5 Counties: Marion, Sumter, Lake, Orange, Seminole, Osceola, Brevard, Volusia;

6. Emergency Management Region 6 Counties: Hardee, Sarasota, Desoto, Charlotte, Glades, Highland, Okeechobee, Hendry, Lee, Collier;

7. Emergency Management Region 7 Counties: Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River.

(b) At least annually, the organization shall provide to the Division a list of all certified firesafety inspectors that are currently serving on the FCIC in rendering interpretations, including proof of at least five-years’ experience in performing firesafety inspections as a certified firesafety inspector.

(c) Each person to serve on the FCIC must have on file with the Division Form DFS-K3-1673, rev. 01/06, which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm.

(d) The name of each person to serve on the FCIC must be on file with the Division at least 30 days before that person is permitted to voice an opinion or cast a vote as a member of the FCIC on a request for a non-binding interpretation.

(e) Requests for non-binding interpretations of the Code shall be made as directed at the Division of State Fire Marshal website and shall include the following.

1. Each request shall cite the specific code and the section referenced in the question.

2. The question shall be asked in a format that can be answered with a Yes or a No response.

3. The question shall only be in reference to one section of the code.

4. Any additional question shall be made as a separate request.

(f) The organization through its designated representative or representatives shall review each request for an informal interpretation.

1. If the request for informal interpretation does not qualify for consideration by the FCIC, the organization shall so advise the requestor, giving the reason or reasons why it does not qualify for consideration, and shall take no further action.

2. If the request for informal interpretation is proper, the organization shall assign it to the FCIC.

3. If the FCIC deems it appropriate or necessary, it is permitted to initiate a review process which solicits comments for development of a response.

(g) The FCIC is not permitted to consider any comment unless the comment includes the name, employer if any, and contact information of the submitter. Anonymous comments shall not be presented to or considered by the FCIC.

(h) The FCIC shall prepare a response that is the result of a vote of at least a majority of the persons on the FCIC.

(i) Each person on the FCIC reviewing a request must be identified in the response.

(j) A copy of all documentation received or produced in conjunction with any informal interpretation shall be retained in accordance with the contract between the State Fire Marshal and the organization.

(k) Each informal interpretation rendered may be supported by a meeting in-person, or by telephone, teleconference, video conference, or such other means that the organization deems appropriate. The organization may permit interactive communication among the FCIC, the requesting party, the authority having jurisdiction and any other person or entity deemed appropriate.

(l)1. The seven FCIC members shall submit their response to the organization within ten (10) calendar days. The organization upon receipt of a response from a simple majority of the FCIC members, shall forward the response without comment or amendment to the requestor via electronic mail (email), if available and, if not available, by facsimile transmission or regular mail within 14 calendar days of receipt of the question.

2. If a response will not or cannot for any reason be sent to the requestor within 14 calendar days of receipt, the requestor shall be so notified by email, if available and, if not available, by facsimile transmission or regular mail. Such response shall be provided thereafter as soon as reasonably practicable, but not later than 30 days after submission of the request.

3. Each response shall also be sent via email to the Division of State Fire Marshal at the email address in the contract.

(m) Each response shall be posted on the organization’s website.

(n) Each response is the opinion of the FCIC rendering the same or a majority of the members of such FCIC, and not the State Fire Marshal nor the organization, and shall create no legal right on the part of any person nor any legal duty on the part of the FCIC, the organization, any individual, the State Fire Marshal, the State of Florida, nor any other person or entity.

(3)(a) No person is permitted to serve on the FCIC considering any matter involving such person’s own jurisdiction if he or she is the firesafety inspector for that jurisdiction whose duties by statute, rule, ordinance, or code require or permit him or her to inspect any building or structure which is the subject of the request to the FCIC, or if that person has provided input on the matter for the building or structure that is the subject of the request.

(b) Each person serving on the FCIC shall serve at the pleasure of the State Fire Marshal or the organization and no person has any recourse against the State Fire Marshal or the organization for removal from the FCIC except as otherwise provided by federal or state law.

Specific Authority 633.01, 633.026 FS. Law Implemented 633.026 FS. History–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Randall A. Napoli, Director, Division of State Fire Marshal, Department of Insurance
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2005