The purpose of the rule is to require local jurisdictions to provide notice to any person or entity against which the local jurisdiction intends to issue a citation for a fire code violation, so that the person will know of their right to petition ...

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-60.007: Enforcement of the Florida Fire Prevention Code
PURPOSE AND EFFECT: The purpose of the rule is to require local jurisdictions to provide notice to any person or entity against which the local jurisdiction intends to issue a citation for a fire code violation, so that the person will know of their right to petition the State Fire Marshal for a Declaratory Statement that applies the Florida Fire Prevention Code to the person’s particular set of circumstances, and the procedure for filing a Petition for Declaratory Statement.
SUBJECT AREA TO BE ADDRESSED: Right to a Declaratory Statement applying the Florida Fire Prevention Code to a substantially affected person’s particular set of circumstances, pursuant to Section 633.01(6), Florida Statutes.
SPECIFIC AUTHORITY: 633.01, 633.0215, 633.025 FS.
LAW IMPLEMENTED: 633.01(6), 633.0215, 633.025 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Friday, March 20, 2009, 10:00 a.m.
PLACE: Third Floor Conference Room, The Atrium, 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: Belinda Chukes, Bureau of Fire Prevention, Department of Financial Services, 325 John Knox Road Tallahassee, Florida; [phone]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Belinda Chukes, Bureau of Fire Prevention, Department of Financial Services, 325 John Knox Road, Tallahassee, Florida; [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69A-60.007 Enforcement of the Florida Fire Prevention Code.

(1) through (5) No change.

(6) The Florida Fire Prevention Code is adopted by the State Fire Marshal in accordance with Section 633.025, Florida Statutes. Pursuant to Section 633.025(2), F.S., the Florida Fire Prevention Code is enforced by local government.

(a) Following the completion of each fire safety inspection in which a violation or violations of the Florida Fire Prevention Code has been cited, the local citing authority must provide a notice which includes all of the following language: “If you do not agree that the violation cited in this Notice is applicable to your particular set of circumstances, you have the right of one or more of the following review procedures.

●      You may request a non-binding advisory opinion in accordance with Section 633.026, F.S.;

●      You may file a local appeal of this order in accordance with Section 633.025(6), F.S., or

●      You may file a Petition for Declaratory Statement to be issued by the State Fire Marshal in accordance with Section 633.01(6), F.S. Prior to exercising this option, you must meet the requirements of a substantially affected party as defined in paragraph 69A-60.007(5)(a), F.S., of this rule.”

(b) The above notice is not required to be in any particular form, however, it must be in a legible format of a minimum 12 point type.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01(6), 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.007, Amended ________.