Stephen M. Hodge; The Petition asks for an interpretation of the Florida Building Code, Section 553.73(9)(i), Florida Statutes, and National Fire Protection Association (“NFPA”) Standard 1-10.1.3. However, the Department’s interpretation of the NFPA ...

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 declined to rule on the petition for declaratory statement filed by Stephen M. Hodge on March 16, 2010. The following is a summary of the agency's declination of the petition:
The Petition asks for an interpretation of the Florida Building Code, Section 553.73(9)(i), Florida Statutes, and National Fire Protection Association (“NFPA”) Standard 1-10.1.3. However, the Department’s interpretation of the NFPA standard is dependent on the Florida Building Code’s interpretation of Section 553.73(0)(i), Florida Statutes. According to Section 120.565, Florida Statutes, an agency can only interpret and apply its own statutes, rules and orders in a declaratory statement. Since the Department cannot opine on Chapter 553, Florida Statutes, the questions in the Petition cannot be answered and the Petition for a Declaratory Statement is denied.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, [phone] or [phone]; Fax: [phone] or [phone] (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises) or by e-mailing your request to: [e-mail].