Chief Alan R. Cominsky (Petitioner) on May 17, 2016.; Whether section 633.208(5), F.S. allows waivers of code requirements on existing buildings if not practical or require disproportionate expense with little increase in fire or life safety? Is ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal (Department), has received the petition for declaratory statement from Chief Alan R. Cominsky (Petitioner) on May 17, 2016. The petition seeks the agency’s opinion as to the applicability of Section 633.208(5), F.S. as it applies to the petitioner.

Whether Section 633.208(5), F.S. allows waivers of code requirements on existing buildings if not practical or require disproportionate expense with little increase in fire or life safety? Is term “modification” as used in NFPA 1:1.4.4, intended to allow the AHJ to modify requirement of the Code so as to completely waive the requirement? Is the language of 633.208(6), F.S., intended to allow the local fire official to require only existing features to be maintained in accordance to Code? How is language of s. 633.208(3), F.S. affected by the language of s. 633.208(5), F.S., with regard to existing buildings?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Melissa E. Dembicer, Assistant General Counsel, Division of Legal Services, 612 Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0333, [phone], email: [e-mail].

Please refer all comments to: Melissa E. Dembicer.

Responses, motions to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this Notice.