William A. Wagner, III, Petitioner, filed on August 14, 2012.; This petition concerns a structure located at 84791 Overseas Hwy., Islamorada, FL. The Village Fire Official has determined, by fire safety inspection, that a portion of the structure 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 has received the petition for declaratory statement from William A. Wagner, III, Petitioner, filed on August 14, 2012. The petition seeks the agency’s opinion as to the applicability of Sections 633.121, 633.161, 633.025, 509.013, 553.895, 509.242, Florida Statutes; and Rules 69A-43.019, 69A-3.012, Chapter 69A-43, F.A.C.; FL Fire Prevention Code LSC-101 sections 3.3.143; 3.3.42; 3.3.83; 3.3.83.1; 3.3.267; and Florida Fire Prevention Code NFPA-1 sections 1.3.4; 4.5.7; 4.5.7.1 as it applies to the petitioner.

This petition concerns a structure located at 84791 Overseas Hwy., Islamorada, FL. The Village Fire Official has determined, by fire safety inspection, that a portion of the structure is being utilized as a bed and breakfast. The Village Fire Official believes a bed and breakfast use is a “transient public lodging establishment,” within the meaning of Section 509.242(1), FS., Chapter 69A, F.A.C., Rule 43.003, subsection 43.004(2), F.A.C., and NFPA 101, Life Safety Code, section 28.1.1.3.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Mandy O’Callaghan, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0333, [phone], Fax: [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: Mandy.O’[e-mail].