Non-Binding Interpretations of the Florida Fire Prevention Code

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-60.011: Non-Binding Interpretations of the Florida Fire Prevention Code

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 7, February 17, 2006 issue of the Florida Administrative Weekly.

Rule 69A-60.011, F.A.C., is changed to read as follows:

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

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

(a) No change.

(b) “State Fire Marshal” or “Division” 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) through (d) No change.

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

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

1. through 7. No change.

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

(c) Each person serving to serve on the FCIC must have on file with the Division Form DFS-K3-1673, (rev. 01/06), “Member Application for Fire Code Informal Interpretation Committee”, 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. The first seven applications submitted meeting the geographic and experience requirements shall be appointed as members. The next seven applications meeting the geographic and experience requirements shall be appointed alternate members. Applications may be submitted at any time and will be kept on file to fill vacancies as they occur. 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.

(d) No change.

(e) Requests for non-binding interpretations of the Code shall be submitted to the Division in accordance with this rule, along with a fee of one hundred ten ($110.00) dollars. as directed at the Division of State Fire Marshal website and shall include the following.

1. through 4. No change.

(f) through (j) No change.

(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. 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. Each member participating in an informal interpretation shall submit his or her individual The seven FCIC members shall submit their response to the Organization within five (5) calendar days of having received the written request, along with a fee of one hundred ten ($110) dollars. The Organization upon receipt of a response from a simple majority of the FCIC members, shall should forward the majority FCIC response, either Yes or No, without comment or amendment to the requestor via electronic transmission mail (email), if available and, if not available, by facsimile transmission or regular mail within four (4) 14 calendar days of receipt of the majority responses from the individual FCIC members question. 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. 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.

2.3. The Organization shall send an electronic copy of each final FCIC Each response shall also be sent via email to the Division of State Fire Marshal at the email address in the contract.

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

(n) Each response is nonbinding, and constitutes is the opinion of the FCIC rendering members the opinion same or a majority of the members of such FCIC, and not the opinion of the Department, the State Fire Marshal or 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, or any other person or entity.

(3)(a) No change.

(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_________.