The proposed rule amendment modifies and updates the existing rule, which adopts an informal process of rendering nonbinding interpretations of the Florida Fire Prevention Code.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO.:RULE TITLE:
69A-60.011Non-Binding Interpretations of the Florida Fire Prevention Code
PURPOSE AND EFFECT: The proposed rule amendment modifies and updates the existing rule, which adopts an informal process of rendering nonbinding interpretations of the Florida Fire Prevention Code.
SUMMARY: The proposed rule amends the existing rule to comport with Section 50, 2010-176, Laws of Florida, amending Section 633.026, Florida Statutes. It provides for the adoption of a petition form to be used by a party requesting an informal, nonbinding interpretation of the Florida Fire Prevention Code; amends definitions and makes minor changes to the procedures for an informal process of rendering nonbinding interpretations of the Florida Fire Prevention Code and clarifies certain procedural elements of the process to obtain such an interpretation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1), F.S.; and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.
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.
RULEMAKING AUTHORITY: 633.01, 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 DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, March 18, 2013, 10:00 a.m.
PLACE: Third Floor Conference Room, The Atrium Building, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Charles Frank @ [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charles Frank, Engineer III, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [phone] or [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-60.011 Informal, 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. as described under Rule 69A-60.002(3)(a), F.A.C.

(b)   No change.                 

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

(d) “Fire Code Interpretations Committee,” or “FCIC,” means the committee established to provide informal, non-binding interpretations of the Florida Fire Prevention Code.

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

(a) The FCIC shall consist of seven members and seven alternate members. Each member and his or her alternate shall represent each representing one of the following seven emergency management regions in the State. Each member shall be a firesafety inspector certified in accordance with Section 633.081(2), F.S. There shall be one alternate for each FCIC member. Each alternate must be a certified firesafety inspector from the same emergency management region as the FCIC member. Each member and each alternate shall have, at a minimum, five years of experience in performing firesafety inspections as a certified firesafety inspector. The seven emergency management regions of the State are described as follows:

1. through 5.  No change.

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

7. No change.

(b) At least annually, the Organization shall provide to the Division a list of all certified firesafety inspectors and alternates, who are currently serving on the FCIC, with attendant documentation establishing that these individuals possess at least five years of experience in performing firesafety inspections as a certified firesafety inspector.

(b)(c) Each person serving on the FCIC must have on file with the Division Form DFS-K3-1673, (rev. 01/06), “Member Application for Fire Code Interpretations Committee,” 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.MyFloridaCFO.com/division/SFM. http://www.fldfs.com/SFM/index.htm.

The first seven applications received from individuals who that meet the qualifications set forth in Section 633.026(2), Florida Statutes, and the geographic and experience requirements set forth in paragraph (a), and are approved by the Division, shall be appointed as members. The next seven applications received from individuals who that meet the qualifications set forth in Section 633.026(2), Florida Statutes, and the geographic and experience requirements set forth in paragraph (a), and are approved by the Division, shall be appointed alternate members. Applications to serve on the FCIC Committee may be submitted at any time and will be kept on file to fill vacancies as they occur. When a vacancy occurs, the existing alternate will be appointed to serve in the vacant seat.  An alternate will be chosen for the seat in the same manner as the original member was chosen.

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

(3) Procedures.

(a) To obtain an informal, non-binding interpretation of the Code, the Petitioner shall submit to the Contractor a fee of $110 and a fully completed Petition using Form DFS-K3-2050, “Petition for an Informal, Non-Binding Interpretation of the Florida Fire Prevention Code,” Eff. 4/13, adopted and incorporated by reference herein. This form may be obtained by visiting the Division’s website located at **** or the Contractor’s website located at http://www.ffmia.org/index.php?option=com_content&view=article&id=59&Itemid=68.

(e) Requests for non-binding interpretations of the Code shall be submitted to the Division in accordance with this rule with a fee of $110.00

1. Each request shall cite the specific code and the code 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 must be limited to the application of a single Code section.

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

(b)(f) The Contractor  Organization, through its designated representative or representatives, shall review each petition request for an informal interpretation. 1. If the petition request for informal interpretation does not qualify for consideration by the FCIC, the Contractor Organization shall notify so advise the petitioner in writing of requestor, giving the reason or reasons why it does not qualify for consideration, and shall take no further action. 2. If the petition request for informal interpretation is proper and the fee of $110 has been received, the Contractor Organization shall assign the petition it to the FCIC and provide a copy of the petition to the local fire official if the petition requests review of an interpretation of the Code made by a local fire official. The Contractor shall notify the local fire official that he or she may submit a written response to the petition to the FCIC within three (3) business days following the local fire official’s receipt of the petition.

(c)3. If the FCIC deems it appropriate or necessary, it may is permitted to initiate a review process which solicits comments for development of a response. (g) The FCIC shall 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.

(d) A meeting to consider the petition shall be held if requested by two or more FCIC members. The meeting may be conducted in person or electronically.

(e)(h) Each FCIC member participating in an informal, non-binding interpretation shall submit his or her individual response to the Contractor within eight (8) business days after the Contractor’s receipt of the petition. The FCIC shall prepare a response that is the result of a vote of at least a majority of the members of persons on the FCIC. and each member of (i) Each person on the FCIC who reviewed the petition that reviews a request must be identified in the response.

(f) The Contractor shall forward the majority FCIC response without comment or amendment by the Contractor to the petitioner via electronic transmission or regular mail within 10 business days after the Contractor’s receipt of the petition, unless that time period has been waived in compliance with Section 633.026(3), F.S. The FCIC response must include the notice required by Section 633.026(8), F.S., concerning the petitioner’s right to request a formal interpretation from the State Fire Marshal pursuant to 633.01(6).

(g)(j) The Contractor shall send an electronic A copy of all documentation received or produced in conjunction with any informal, non-binding interpretation to the Division at the e-mail address specified in shall be retained in accordance with the contract between the Division State Fire Marshal and Contractor the Organization. 

(h) The Division shall publish on its Internet website each petition that is assigned to the FCIC by the Contractor, any response to the petition submitted by the local fire official, and the majority FCIC response to the petition. The Division shall also publish the majority FCIC response to the petition in the Florida Administrative Register.

(k) A meeting shall be held to consider the request at the behest of at least two FCIC members. The meeting may be conducted in person or electronically.

(l)1. Each member participating in an informal interpretation shall submit his or her individual response to the organization within five (5) calendar days of the Organization having received the written request, and the fee of $110.00. The Organization should forward the majority FCIC response, either “Yes” or “No”, without comment or amendment to the requestor via electronic transmission or regular mail within four (4) calendar days of receipt of the majority responses from the individual FCIC members.  In no event shall the FCIC response be sent later than thirty (30) days from the date the Organization receives the request for informal interpretation.

2. The Organization shall send an electronic copy of each final FCIC response to the Division of State Fire Marshal at the email address in the contract.

(m) Each final FCIC response, together with the written request, shall be posted on the Organization’s website.

(i)(n) Each majority FCIC response is nonbinding, and constitutes the opinion of the FCIC, rendering the opinion, and not the opinion of the Department, the State Fire Marshal, or the Contractor Organization.

(j)(3)(a) No person serving on the FCIC is permitted to participate in the consideration of 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 petition provided 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 petition request.

(k)(b) Each person serving on the FCIC shall serve at the pleasure of the State Fire Marshal, and may be removed without cause.

Rulemaking Specific Authority 633.01, 633.026 FS. Law Implemented 633.026 FS. History–New 4-26-07, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Charles Frank, Engineer III, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 15, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 20, 2011