Don Ed Riley, on behalf of the Fire Code Official’s Office, Collier County, Florida; The Commission determined that question of whether the Building Official has the authority to overturn a stop work order issued by a fire safety inspector as ...

 

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

NOTICE IS HEREBY GIVEN THAT the Florida Building Commission has issued an order disposing of the petition for declaratory statement filed by Don Ed Riley, on behalf of the Fire Code Official’s Office, Collier County, Florida on February 27, 2007. The following is a summary of the agency’s disposition of the petition:

The Commission determined that question of whether the Building Official has the authority to overturn a stop work order issued by a fire safety inspector as referred to in Section 553.79(2), Florida Statutes, is within the jurisdiction of the State Fire Marshall, and not within the Commission’s statutory authority to interpret. The question of whether the provision of the Interlocal agreement giving the Building Official temporary authority over the fire safety inspector violates the provisions of Sections 553.73(1)(c) and/or 633.121, Florida Statutes, is also not within the Commission’s statutory authority to interpret, and is a matter best addressed by the applicable local governments.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Paula P. Ford, Commission Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.