Alan R. Cominsky (Petitioner); The Petition asks if an AHJ may grant a waiver of the FFPC requirements on existing buildings pursuant to section 633.208(5), Florida Statutes, and whether a modification allowed for in NFPA 1:1.4.4 includes a waiver ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal (Department), has issued an order disposing of the petition for declaratory statement filed by Alan R. Cominsky (Petitioner) on May 31, 2016. The following is a summary of the agency’s disposition of the petition:

The Petition asks if an AHJ may grant a waiver of the FFPC requirements on existing buildings pursuant to Section 633.208(5), Florida Statutes, and whether a modification allowed for in NFPA 1:1.4.4 includes a waiver of such requirement. The Department’s response is an AHJ may grant a waiver of FFPC requirements on existing buildings when physical limitations may require disproportionate effort or expense with little or no increase in fire or life safety. NFPA 1:1.4.4 in conjunction with Section 633.208(5), Florida Statutes allows such modifications or waivers that are approved by the AHJ to be considered conforming to the FFPC/NFPA as long as the intent of the NFPA is complied with, public safety is secured, and substantial justice is done.

A copy of the Order Disposing 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], [e-mail].