James Fletcher, Perry Fire Extinguisher Company,; 1. Question: Did Petitioner, under Section 633.021, Florida Statutes, or Sections 69A-21.301, .302, or .304, have a duty to inform the business of the servicing and/or maintenance requirements of the ...

NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by James Fletcher, Perry Fire Extinguisher Company, on October 24, 2005.  The following is a summary of the agency’s disposition of the petition.

1. Question: Did Petitioner, under Section 633.021, Florida Statutes, or Sections 69A-21.301, .302, or .304, have a duty to inform the business of the servicing and/or maintenance requirements of the pre-installed/pre-engineered suppression system absent any contract or agreement between the parties to do so? 

1. Response: Although it would have been prudent and in the public interest to inform the business of the servicing and/or maintenance requirements, and while the Division of State Fire Marshal cannot respond as to the duties and responsibilities of a contractual agreement, the only legal requirement is that the person recharging the canister must be properly licensed to do so. If the canister worked properly as alleged by Petitioner, and if Petitioner was properly licensed to recharge it, the Petitioner’s legal duties have been fulfilled.

2. Question: Did Petitioner, under Section 633.021, Florida Statutes, or Sections 69A-21.301, .302, or .304, have a duty to inquire as to the training and/or qualification of the employees of the business who provided Petitioner with the canister from the pre-installed/pre-engineered system? 

2. Response: No, for the same reasons stated in the previous response.

A copy of the order may be obtained from Gabriel Mazzeo, Attorney, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, phone [phone], or you may fax your request to fax number [phone].  An unsigned but exact copy of the order is also available on the Division of State Fire Marshal website which may be accessed at:  http://www.fldfs.com/SFM/sfmdeclaratorysummaries.htm.

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