Statement filed May 18, 2006, from the Coral Gables Fire Department, Fire Prevention Division, Petitioner.

 

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 received the petition for declaratory statement filed May 18, 2006, from the Coral Gables Fire Department, Fire Prevention Division, Petitioner. The petition requests an interpretation of Chapter 633, Florida Statutes, and Rule Chapter 69A-60, Florida Administrative Code, the Florida Fire Prevention Code, and specifically asks the Division of State Fire Marshal:

1. Does Section 718.112, Florida Statutes, provide that only high rise, condominium buildings, have the option of foregoing retrofitting of full fire sprinkler protection in accordance with Chapter 633, Florida Statutes?

2. If a high rise building is a mixed use occupancy, as in the case of the David Williams Hotel and Condominium, is the option of foregoing retrofitting for the condominium units only and requiring all other occupancy classifications to install fire sprinkler protection an option under Section 718.112, Florida Statutes?

3. Section 718.112(2)(l), Florida Statutes, states that “the term common areas means any enclosed hallway, corridor, lobby, stairwell, or entryway.” Does the Fire Department have the authority to classify the underground parking garage of a high rise building as a “common area” for purposes of requiring fire sprinkler coverage in that area? as it applies to the petitioner.
A copy of the Petition may be obtained by writing to, calling, or sending a fax to: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, phone [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].