Michael Domante (the “Petitioner”); The Notice of Petition for Declaratory Statement was published June 23, 2014 in Vol. 40, No. 121 of the Florida Administrative Register. The Petitioner sought a determination by the Department as to the ...
DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
NOTICE IS HEREBY GIVEN that the Department of Financial Services (the “Department”) has issued an order disposing of the petition for declaratory statement filed by Michael Domante (the “Petitioner”) on September 9, 2014. The following is a summary of the agency’s disposition of the petition:
The Notice of Petition for Declaratory Statement was published June 23, 2014, in Vol. 40, No. 121 of the Florida Administrative Register. The Petitioner sought a determination by the Department as to the applicability of the Florida Fire Prevention Code (specifically section 101-42.3.3.2, 10.2, 10.2.1.1, 10.2.6.1, 10.2.6.2 and 6.2.2) as it applies to a mini-storage facility. The Petition was answered: the authority having jurisdiction (the “AHJ”) has discretion to classify interior finishes that have no ASTM E-84 testing for storage occupancies as unsafe. Additionally, the AHJ can require the owners or occupants of a building to apply a flame retardant product to an interior finish to increase the level of fire protection to unclassified building materials. Moreover, the AHJ has authority to prohibit an interior finish from being used as a ceiling, as it creates a high flame spread and produces toxic black smoke.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Melissa E. Dembicer, Assistant General Counsel, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333 or by email: Melissa.dembicer@myfloridacfo.com.
Document Information
- Contact:
- Melissa E. Dembicer, Assistant General Counsel, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333, or by email at Melissa.dembicer@myfloridacfo.com.