City of Belleair Beach, Florida; The first question posed by the petition is a general question regarding the Florida Fire Prevention Code (“Code”) requirements for fire pumps and standpipes in condominiums and does not include the requisite ...

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 City of Belleair Beach, Florida on March 11, 2010. The following is a summary of the agency's disposition of the petition:
The first question posed by the petition is a general question regarding the Florida Fire Prevention Code (“Code”) requirements for fire pumps and standpipes in condominiums and does not include the requisite specific facts and information concerning the Petitioner’s actual circumstance. Thus, the question cannot be answered in this Declaratory Statement. The second question is whether the local authority having jurisdiction is authorized to approve, in this case, the substitution of a fire hydrant for a fire pump in a condominium. The answer is that the local authority may grant such approval if the alternative provides equal or better protection than the requirements of the Code. The third question is whether a specific ordinance in question is sufficient to provide adequate enforcement authority for provisions of the Code relating to fire pumps and fire standpipes. The answer is that a local ordinance is unnecessary for this purpose in that Section 633.025, Florida Statutes, provides the enforcement authority for the Code. The fourth question concerns the ability of the local jurisdiction to enact ordinances that are more protective than the Code. The answer is that local governments having fire protection responsibility can enact stricter requirements as long as they follow the procedures set forth in statute.
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-mail: [e-mail].