Core Construction Services of Florida, LLC,; 1) Whether the Florida specific amendments provided in sections 1.1.7, 8.2.1, and 8.2.1.2 of the FFPC, 5th Ed. (2014), require the use of the types of construction provisions provided in the Florida ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the Petition for Declaratory Statement filed by Core Construction Services of Florida, LLC, with the Department on June 5, 2017. The Petition requests a requests a determination as to the following: 1) Whether the Florida specific amendments provided in sections 1.1.7, 8.2.1, and 8.2.1.2 of the FFPC, 5th Ed. (2014), require the use of the types of construction provisions provided in the Florida Building Code (FBC), 5th Ed. (2014); 2) Whether the types of construction requirements of the FBC apply and prevail over the types of construction provisions provided in the occupancy chapters of the FFPC, 5th Ed. (2014); and 3) Whether [the State Fire Marshal’s] refusal to recognize the Florida specific amendments directing the use of the types of construction provided in the FBC over the types of construction or construction classifications provided in the occupancy chapters of the FFPC, National Fire Protection Association (NFPA) 101, constitute the adoption of a building code. The Department concludes the following: 1) Yes, the Florida specific amendments provided in sections 1.1.7, 8.2.1, and 8.2.1.2 of the FFPC, 5th Ed. (2014), require the use of the types of construction provisions provided in the FBC, 5th Ed. (2014).  Sections 1.1.7, 8.2.1, and 8.2.1.2 FFPC, 5th Ed. (2014), are Florida specific amendments and outline the use of the FBC as it relates to the NFPA 220 and construction classifications. Sections 1.1.7, 8.2.1, and 8.2.1.2 FFPC, 5th Ed. (2014), provide for the use of the most current FBC; 2) Yes, the types of construction requirements of the FBC apply and prevail over the types of construction provisions provided in the occupancy chapters of the FFPC, 5th Ed. (2014). Section 1.1.7 FFPC, 5th Ed. (2014), states “the [FBC] shall be referred to anytime a reference is made to the building code or to NFPA 220, Standard on Type of Building Construction, in this Code or an adopted standard;” and 3) No, the State Fire Marshal’s refusal to recognize the Florida specific amendments directing the use of the types of construction provided in the FBC over the types of construction or construction classifications provided in the occupancy chapters FFPC, NFPA 101, does not constitute the adoption of a building code. Pursuant to sections 120.565 and 633.104(6), Florida Statutes, and chapter 28-105 and Rule 69A-60.007, Florida Administrative Code, the Department has authority to interpret the FFPC and to issue a declaratory statement with respect thereto. Declaratory statements issued by the Department do not constitute the making or adopting of a building code. A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Sarah Marcos at [e-mail] Please refer all comments to: Sarah Marcos at [e-mail].