DECLARATORY STATEMENTS
ISSUED BY
THE DIVISION OF STATE FIRE MARSHAL
INDEX AND SUMMARIES PAGE
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Section
633.01, Florida Statutes, provides:
"(6) Only the State Fire Marshal may issue,
and, when requested in writing by any
substantially affected person or a local
enforcing agency, the State Fire Marshal
shall issue declaratory statements pursuant
to s. 120.565 relating to the Florida Fire
Prevention Code and the Life Safety Code."
In accordance with that directive, the Division
of State Fire Marshal has issued declaratory
statements on numerous subjects. They are
contained here, and are
linked below. Other Declaratory
Statements relating to the Florida Building
Code may be found at the Florida Building
Commission site within the Department of
Community Affairs; you may go there by
clicking on the following link :
FBC Declaratory Statements .
A declaratory statement is a statement issued by
a state agency in response to a petition
filed by a substantially affected person.
To be “substantially affected” means that
there must be an actual existing event or
occurrence which affects the person’s
substantial interests. Declaratory
statements cannot be provided for
hypothetical questions or for questions
which do not relate to an existing event or
occurrence.
To request information, in addition to that
contained
in the form which can be accessed below,
about filing a petition for a declaratory
statement please contact the Division of
State Fire Marshal, 200 East Gaines Street,
Tallahassee, Florida 32399-0340, or fax your
request to fax number 850-922-1235. Please
be sure to state that you are requesting the
information to file a petition for
declaratory statement. If you have questions
that are not answered here at the web site,
you may contact the Division of State Fire
Marshal at 200 East Gaines Street,
Tallahassee, Florida 32399-0340 or fax your
request to 850-922-1235.
Please note that the declaratory statements
contained here are not the official, signed,
and filed declaratory statements issued by
the Department of Financial Services. To
receive a copy of an official, signed, and
filed declaratory statement, please contact
the Division of State Fire Marshal at the
addresses or numbers noted above. Please be
sure to state that you are requesting a copy
of the signed declaratory statement and give
the case number and name, which is contained
here.
Information for
FILING A PETITION FOR DECLARATORY STATEMENT
INDEX
Duanne P. Anderson, (77617-04)
Barry
Baker, Fire Chief, Ormond Beach (82765-05)
Michael J.
Barnes
(91645-07)
Boca Towers Condominium Assoc., Inc. (40717-01)
Bonita Springs Fire District -
Waldrop Center (104163-09)
Broward County Fire Rescue, Fire Marshal's Office (61578-02)
Ben
Buckner, Fire Code Official, City of Newberry (81001-05)
Earl L. Carlton, Miami-Dade Fire Rescue (42386-01)
Casselberry Fire Department (35158-00)
Casselberry Fire Department (39751-01)
Mark
Cavinee - Horizon Middle School
(91439-07)
Cavinee, Schenkelshultz, & Toth - Neptune
Elementary School (91292-07 and 91373-07)
Citrus County Builders' Association
(87995-07)
Clearwater Gas, (81315-04)
Collier County Fire Code Official (80325-05)
Collier County Fire Control and Rescue (65057-02)
*revised*
Fire Code Official's Office, Collier
County (79110-04)
ColorAll Technologies International
(91600-07)
Combs
Oil Company, (91285-07)
Commercial Fire & Communications, Inc. (34756-00)
Coral Gables Fire Department, Fire
Prevention Div. (86193-06)
Michael Couts (61674-02)
Hendrik S.
Demello,
(78448-04)
Eagle Aviation (92999-07)
Charles W. Edwards (66550-02)
Federal
Fire Alarm/Bart Hill (82727-05)
Alfonso Fernandez-Fraga (64418-02)
Alfonso Fernandez-Fraga (68037-03)
Alfonso Fernandez-Fraga (71926-03)
Fire
Brigade Alarm Systems, David Perna,
President (89758-07)
Mark Fischer, Cocoa Beach Fire Department (42721-01)
James
Fletcher, Perry Fire Extinguisher
Co. (83853-05)
Florida Electric Power Coordinating Group, Inc. (60697-02)
Florida Fire Marshals and Inspectors
Association (89193-07)
Florida Manufactured Housing
Association (83841-05)
Gainesville Fire Rescue
Department (82693)
Jesse F. Green III, FL Assoc Plumbing Heating & Cooling Cont (60893-02)
Wesley W. Hayes, Jr., Polk County Fire Marshal (41431-01)
Hernando County Airport Authority (43365-01)
Hillsborough
Co. School Dist.,
Glen A. Lathers
(79483-04)
Stephen M. Hodge (42646-01)
Stephen M.
Hodge
(87041-06)
Michelle Humphries, UCF (71489-03)
Chris M.
Iles (87741-06)
Indian River County Fire
Rescue (77097-04)
International Association of Fire Fighters (38984-00)
JSS International, Inc. (61972-02)
Lee County - Constantine Notte,
(90308-07)
Wilton Lee
(90318-07)
Leesburg Fire Department
(100712-08)
Ricco Longo, Collier County Fire Code Official (66935-03)
Sonia
Machen (89161-07)
Frank
McElroy, Fire Marshal, St.
John's County (102207-09)
Frank
McElroy - Rick
Gorham - Northeast Florida
Contracting (91169-07)
Miami-Dade Building Code Compliance Office (35633-00)
Miami-Dade County Fire Department, Alfredo Suarez, Fire Marshal (60696-02)
Miami-Dade County Fire Department, Fire Prevention Division (61973-02)
Miami-Dade County Fire Department, Fire Prevention Division (70763-03)
Mitchell Elementary School
(97588-08)
Jack W. Mosley (61524-02)
Stephanie Murray (75397-04)
Naples Boat Club, L.L.C. (62746-02) - No Summary Available
Eric A. Neilinger (69985-03)
Eric A.
Neilinger (77240-04)
Lily
Obrenovic,
(91168-07)
Derryl B. O'Neal, Fire Chief, Madeira Beach Fire Department (68479-03)
Todd S.
Olson
(89113-07)
Kenneth Perkins, Fire Chief,
Escambia County (82335-05)
Piper Fire Protection (62200-02)
Scott
Pridgen, Beach Brothers, LLC
(94566-08)
Ed Riley, Collier County (43657-01)
Edward
Riley, Collier County (89217-07)
Z. K. Roberts, Northeast Florida Fire Prevention Association (43434-01)
David P. Rose (43276-01)
Chief Anthony
Roseberry, Jacksonville FRD
(91875-07)
Scwab Materials, Inc., Lee County
(90308-07)
City of Seminole (40724-01)
Marshal A.
Seymour (79485-04)
Shields Family R.L.L.P.
(104405-09)
Silk Oak, LLC (78581-04)
Slaughter Construction Co., Inc.,
(97276-08)
Rocky Sneed (80599-05)
Todd
Spear (88105-07)
Spring Hill Fire Rescue
(88055-07)
Daniel Starbuck, City of Gainesville (42384-01)
Alex P.
Stuckey - Firefighters Equipment
(90065-07)
Sunrise Opportunities, Inc. (33544-99)
Sunrise Community, Inc.
(79589-24)
Tamarac Fire Rescue
(87261-06)
James
Tavss, Ro-Mont Executive
Council (83852-05)
Townhomes of Suntree (89453-07)
Roy
Tremain, Eustice Fire Chief
(96217-08)
Roy VanWyk, Miami-Dade County Building Department (41983-01)
Wayne Automatic Fire Sprinklers, Inc. (61296-02)
Clu D. Wright, Clay County Public Safety Department (43220-01)
Clu D. Wright, Clay County Public Safety Department (61297-02)
SUMMARIES
Anderson 77617-04
Full Statement Back to INDEX
Question: Does
this code chapter give municipal firesafety inspectors in their jurisdiction the
authority to enforce the “Means of escape requirements provided in Section 24.2
which is for one and two-family dwellings?”
Response: Even if the response to the question were
“yes,” the enforcement would be impossible because of the provisions relating to
inspections (searches) of private dwellings. Therefore, the response to your
question is, “for all practical purposes, No.” Nevertheless, regardless of
whether the dwelling is inspected or not, the owner of each one and two-family
dwelling is responsible for full compliance with all applicable codes and
standards.
The technical response to your question under the Florida Fire Prevention Code,
if the prohibitions against inspecting private residences are ignored, follows.
Section 31.2 is actually discussing two differing sets of facts:
A. The means of egress requirements which relate to egress from the dwelling
units to the outside of the building are to be governed by Chapter 7.
B. The means of escape requirements are limited to means of escape within
the dwelling unit. In other words, the means of escape is not
referring to the means of escape from the dwelling units to the outside of
the building; as the means of egress requirements are referring to, the
means of escape is only referring to the means of escape
within the dwelling unit.
C. Therefore, since the means of escape “within the dwelling unit does not refer
to means of escape from within the building to outside the building, the
provisions in Section 24.2 which refer to means of escape from within the
building to the outside of the building do not apply.
D. The only provisions that apply in 24.2 (24.2.1 through 24.2.6) are the means
of escape that are within the dwelling unit.
E. There are a number of means of escape provisions in 24.2 which are applicable
to going from inside the building to outside the building; there are also a
number of means of escape provisions in 24.2 which are applicable only within
the dwelling unit.
F. Since the operative provision, Section 31.2, in referring to means of escape
only refers to means of escape within the dwelling unit, the only
provisions in 24.2 which are applicable to Section 31.2 are those which refer to
means of escape within the dwelling unit.
G. Nevertheless, since the inspection of private residences is so circumscribed,
the technical response to your question is actually irrelevant
Nothing in this Declaratory Statement is intended to comment on, or provide any
opinion on, a situation in which a private resident requests an
inspection by a firesafety inspector.
Baker 82765-05
Full Statement Back to INDEX
Question A:
Does National Fire Protection Association Standard 407 apply to fuel storage
facilities at Ormond Beach Aviation and Sunrise Aviation at the addresses
recited in the petition?
Response to Question A: Yes. The Florida Fire Prevention Code is
adopted under the authority of Sections 633.0215 and 633.025, Florida
Statutes. Section 633.0215(1) states that the Florida Fire Prevention Code
shall be applicable to all public and private buildings and facilities. The
Florida Fire Prevention Code includes Rule 69A-60.002, F.A.C., which
provides for its application to all buildings and structures throughout the
state. Rule 69A-60.003, F.A.C., further adopts the National Fire Protection
Association (NFPA) standard 1 as one of its base documents.
Question B:
Can the authority having jurisdiction require or allow comparable safety
measures in place of referenced safety provisions in the code (specifically
NFPA 407)?
Response to Question B:
The authority having jurisdiction can allow but not require the use
of an alternative. The decision to request that the authority having
jurisdiction permit the use of an alternative is that of the property
owner. Therefore, in answer to the part of the question as to the authority
having jurisdiction having the authority to require compliance with
an alternative, the response is no, the authority having jurisdiction does
not have the authority to require compliance with an alternative. The
authority having jurisdiction can require only the adopted
prescriptive provision. If an alternative is proposed by the owner, it must then be
approved by the authority having jurisdiction as an alternative to a
prescriptive provision of the Florida Fire Prevention Code. If the
authority having jurisdiction approves the use of the alternative, the
authority having jurisdiction then enjoys the same enforcement authority
over such alternative provision as it has over the prescriptive requirement.
Question
C: If violations are found at either of the above
referenced fuel locations, is the state the enforcement arm to correct these
violations or, if not, will the state assist the authority having
jurisdiction in enforcement?
Response to Question C:
The state is not the primary enforcer of the Florida Fire Prevention Code.
Section 633.025(2), Florida Statutes, requires that each municipality,
county, and special district with firesafety responsibilities enforce the
Florida Fire Prevention Code within each one’s jurisdiction. However, the
State Fire Marshal, even though not the primary enforcing agent for the
Florida Fire Prevention Code may, under
appropriate circumstances or if required by statute or rule, provide
assistance to any jurisdiction seeking such assistance.
Michael
J. Barnes 91645-07
Full Statement
Back to INDEX
Question: Are authorities having
jurisdiction within their legal authority to
not require erection of “Fire Lane – No
Parking” signs on a fire department access
road in a residential townhouse complex when
a substantially affected person complains of
vehicles parked in a fire department access
road? Answer: Yes. With regard to the
facts alleged in the Petition, the authority
having jurisdiction is within his legal
authority not to require parking signs on
the access road because the units in
question are already constructed. The
Department is without jurisdiction to opine
on the remaining questions.
BocaTowers 40717-01 Full Statement Back to INDEX
I: Section 553.895, Florida Statutes, neither conflicts with nor supersedes NFPA 1, Subdivision 7-3.2.21.2.2.
II: Subdivision 7-3.2.21.2.2 of NFPA 1, as well as NFPA 101, Subdivision 31.3.5.6, require sprinklers on all high-rise buildings within 12 years of the adoption thereof by operation of Chapter 98-287, Laws of Florida, Sections 633.01, 633.0215, and 633.025, Florida Statutes, and the Florida Fire Prevention Code proposed to be adopted as rules of the Department.
III: After the effective date of the adoption of NFPA 1 and NFPA 101, mandated by the legislature, the portion of Section 553.895, Florida Statutes, that does not apply to construction contracts let before January 1, 1994, will no longer control and will be superseded by Chapter 98-287, Laws of Florida, Sections 633.01, 633.0215, and 633.025, Florida Statutes, and the Florida Fire Prevention Code proposed to be adopted as rules of the Department.
Bonita Springs - Waldrop 104163-09
Full Statement
Back to INDEX
The petition asks two
questions. The first question is whether the
local authority having jurisdiction can
waive the Life Safety Code adopted by rule
of the Department. The answer is no; only
the Department can waive a rule. The second
question is whether two doors opening into
one set of stairs leading to the outdoors
meets the requirements of the Life Safety
Code. The answer is no. Two separate means
of egress must be provided. The phrase
“means of egress” includes three parts: door
to stairway, stairway, and door to the
outside.
Broward 61578-02 Full Statement Back to INDEX
Q: Is it permissible for the final design of the loading walkway to allow for gaps between the loading walkway/bridge and the egress door opening for the aircraft under Section 4-1.1 of NFPA 415?
A: Yes, provided other methods have been employed to achieve the desired level of safety. The authority having jurisdiction must rely on the strict compliance with a specific set of tests or the review of a combination of components that form an assembly which will ensure that the desired level of safety has been met. The criterion that governs the desired level of safety must include an assembly with
I: structural integrity of the walkway under fire conditions, and
II: five minutes with no flame-passage.
Q: Will the authority having jurisdiction be in compliance with the Florida Fire Prevention Code, which adopts NFPA 415, if such loading walkways are approved?
A: Yes. The mere appearance of not meeting the five minute egress requirement based solely on a gap shall not in itself result in a violation of the Florida Fire Prevention Code. The authority having jurisdiction must review the actual field conditions proposed and the documentation of the submitter including the results of any modeling, calculations or test results. A determination may then be made regarding the ability of the proposed assembly to provide the desired level of safety to include the criteria in (1) and (2) cited in response to Question #1, above.
Buckner 81001-05
Full Statement Back to INDEX
A. Question:
Due
to the fact that the development is a residential development is the
developer required to comply with 16.4.3.1.3?
A.
Response:
Yes. The mains and hydrants are not located within any building which
determines the occupancy of a one- or two-family dwelling, they are located
in the infrastructure surrounding the buildings. Thus, the developer is
required to comply with NFPA 1, Subdivision 16.4.3.1.3 which mandates that
water mains and hydrants be installed and in service prior to the
commencement of construction, unless an alternate schedule is approved by
the authority having jurisdiction under the exception.
B. Question:
Are the access road width and height clearances, as stated in the NFPA 1,
Chapter 18, Subdivision 18.2.2.5.2 (surface) and 18.2.3.1.1 (obstruction and
control of fire department access road), required to be maintained at all
times?
B. Response:
Yes. Both provisions are clear on their terms and are applicable to the
proposed development.
Carlton 42386-01 Full Statement Back to INDEX
Q: Do these sections of NFPA 72 allow us to require complete public mode notification throughout the building or occupancy in accord with Chapter 6 for non-required systems?
A: Yes. Section 3-2.3 of NFPA 72, 1993 edition, states: “Fire alarm systems provided for evacuation of occupants shall have one or more notification appliances listed for the purpose on each floor of the building, so located that they shall have the characteristics for public mode described in Chapter 6.”
Q: Can the occupant choose to provide public mode notification only in areas of his choosing in the building, such as office areas but not in the warehouse area, or only in one or two offices and not all the other spaces, or only on one wall?
A: Not as a general rule. Any fire alarm system installed by a contractor must comply with the provisions of Sections 633.70 and 633.701, Florida Statutes. Section 633.70, Florida Statutes, provides the State Fire Marshal with jurisdiction over fire alarm system contractors and the authority to adopt standards by rule. Section 633.701, Florida Statutes, establishes the requirements for fire alarm systems and states: “(2) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and procedures approved by said testing laboratory.” NFPA 72 was adopted by Section 4A-3.012, Florida Administrative Code.
However, partial systems which have been approved by the local authority having jurisdiction are acceptable provided the partial system provides complete coverage for an entire evacuation area.
Q: Must the device coverage in A. or B., above, be per the tables in Chapter 6?
A: Yes. The system as required per Section 3-2.3 of NFPA 72 must be installed in accordance with Chapter 6 and, therefore, the tables listed in Chapter 6 are applicable.
Q: Can they choose to install a private mode notification system and then initiate evacuation through some other means, such as an emergency response team or fire brigade?
A: No. Referring to the circumstances that the system is being installed for the purpose of evacuation and the specific requirements of Section 3-2.3 of NFPA 72, only the public mode would be permissible. The response to this question could be modified based on the occupancy class which was not stated in the Petition.
Casselberry 35158-00 Full Statement Back to INDEX
I: If flowing water is a valid, necessary, and integral part of a firesafety inspection, or of enforcing the firesafety codes, then a firesafety inspector duly certified under Section 633.081, Florida Statutes, may flow water as part of each firesafety inspection he or she conducts or each time he or she is called upon to enforce the firesafety codes or ordinances.
II: Only (I) a certified fire protection contractor possessing a valid and existing certificate under Chapter 633, Florida Statutes, or (ii) a duly certified firesafety inspector while in the course of a firesafety inspection or while enforcing the firesafety codes may perform the operations enumerated in Section 633.541, Florida Statutes (Layout, fabrication, installation, inspection, alteration, repair, or service of a fire protection system.).
III: Only (I) a certified fire protection contractor possessing a valid and existing certificate under Chapter 633, Florida Statutes, or (ii) a duly certified firesafety inspector while in the course of a firesafety inspection or while enforcing the firesafety codes may perform the operations enumerated in Section 633.541, Florida Statutes.
Casselberry 39751-01 Full Statement Back to INDEX
I: The local fire official must not be subject to, or under the control of, the local building official in matters involving firesafety inspections;
II: The local building official is not permitted to overrule the local fire official in matters involving firesafety inspections (Nothing in this Declaratory Statement is intended to mean that the local fire official may not be subject to the local building official for strictly administrative or time-management purposes. For example, the local fire official may be subject to the local building official for purposes of scheduling firesafety inspections to coincide with building inspections. However, the local building official may not act in such a way that would in any manner frustrate or interfere with the local firesafety inspector in the performance of his or her duties or overrule him or her on any decisions involving firesafety or firesafety inspections.); and
III: If a dispute arises involving the firesafety code and the building code, the dispute must be resolved in accordance with subsection (7) of Section 553.73, Florida Statutes, and not solely by the building official.
Cavinee
- Horizon 91439-07
Full Statement Back to INDEX
Question A: Does the Code, Rule
69A-58.0082(1)(a), Florida Administrative
Code, require a School Board to follow a
local land development code?
Answer: No, the Code addresses issues of
firesafety laws and rules that pertain to
and govern the design, construction,
erection, alteration, modification, repair,
and demolition of public and private
buildings, structures, and facilities and
the enforcement of such firesafety laws and
rules.
Question B : Does the Code, Rule
69A-58.0082(1)(a), Florida Administrative
Code, allow a local fire fighting
authority to reject site plans based solely
on distance to a fire hydrant affecting only
the school site?
Answer: Yes. The cited rule adopts NFPA 1,
Chapter 18, which addresses fire hydrant
assembly layout. The placement of a fire
hydrant assembly could be significant enough
to warrant rejection of construction plans.
Water supplied by fire hydrants may have a
severe tactical and operational impact on a
first responder fire fighting agency. It is
for this reason that fire officials and
school officials should jointly determine
the adequacy of fire department access and
fire hydrant assembly layout in conformance
with the provisions of NFPA 1, Chapter 18.
Question C: Does the Code, Rule
69A-58.082(1)(a), Florida Administrative
Code, require the local fire fighting
authority to review the plans for fire
hydrant locations or for “access for
emergency vehicles” only . . . as spelled
out in the code?
Answer: Yes, for the same reason as set
forth in the answer to question B, above.
Question D: Does the Code, Rule 69A-58.008,
Florida Administrative Code, conflict
with Section 1013.33(15)(a), Florida
Statutes, which states, “[l]ocal
government approval is not required for the
placement of temporary or portable classroom
facilities?”
Answer: No. The Department is without
authority to issue a Declaratory Statement
interpreting Chapter 1013, Florida
Statutes; however, the Department
interprets Rule 69A-58.008, Florida
Administrative Code, not to be in
conflict with Section 1013.33(15)(a),
Florida Statutes.
Cavinee, Schenkelshultz, & Toth - Neptune
91292-07/91373-07
Full Statement Back to INDEX
Question: Does the Florida Fire Prevention
Code require an elementary school
cafeteria/multipurpose room, holding more
than 300 occupants, be separated from the
remainder of the building which is an
educational occupancy?
Answer: The design plan dictates whether
the school is a “mixed” or a “separated”
occupancy. It must be one or the other. If
the design plan demonstrates an intermingled
occupancy, then the requirements of mixed
occupancies in Paragraph 6.1.14.3 must be
met. If the design plan demonstrates a
separated occupancy, then the requirements
of Paragraph 6.1.14.4 pertain. If the
school board policy prohibits the use of the
cafeteria/multipurpose room by anyone other
than the registered students and employees
of the Neptune Elementary School, the
provisions of
Paragraph 14.1.2.2.2 allow the same egress
capacity to serve both sections.
Citrus County Builders' Association
87995-07
Full Statement Back to INDEX
Petitioner’s appeal a decision of the County
denying its objection to Section 4247 of
Citrus County’s Land Development Code The
Department has jurisdiction pursuant to
Section 633.025(4)(b), Florida Statutes.
The Department entered a Final Order
holding that Section 4247 of Citrus County’s
Land Development Code constitutes an
unauthorized amendment to the Florida Fire
Prevention Code, Section 10.12, because it
was not adopted in accordance with the
provisions of Section 633.025, Florida
Statutes. Citrus County Builders must
comply with the Fire Prevention Code,
Section 10.12, duly adopted by Citrus
County.
Clearwater Gas System 81315-04
Full Statement Back to INDEX
Question 5.A.: Petitioner seeks an interpretation of the Florida Fire
Prevention Code, (“Code”) NFPA 101, Chapter 13, Existing Assembly
Occupancies, Section 13.7.2, Open Flame Devices and Pyrotechnics.
Specifically, Petitioner requests clarification of whether the Section
13.7.2 language “in an assembly occupancy” is intended to apply to an
outside deck adjoining a building, which meets the definition of “Outdoor
Area” under NFPA 1, Uniform Fire Code.
Response to Question 5.A.: The question of whether the outside deck
adjoining a building meets the definition of “Outdoor Area” under NFPA 1 is
irrelevant because under the facts presented the gaslights are not to be
located “in” any occupancy, as further explained in the response to Question
5.B., below.
Question 5.B.: If the answer to question #1 is yes, and an outdoor deck
adjoining a building is defined as being “in an assembly occupancy” under
13.7.2, is it reasonable for a local fire marshal, as the “authority having
jurisdiction,” to deny an application for a permit to install appliances,
when the engineering standards and specifications of the installation meet
the installation parameters under the National Fuel Gas Code, Table
9.16.2.2, Clearances for Unlisted Outdoor Open-Flame Illuminating
Appliances, to which NFPA 101, 9.1.1 refers for installation parameters and
when NFPA 101-13.7.2, exception 6 allows such an installation?
Response to Question 5.B.: Regardless of whether the outside deck is
considered an “assembly occupancy,” the petitioner’s plans and
specifications indicate that the gaslights are to be place outside of the
outside deck; therefore, the provisions of subdivisions 13.7.2, the 2000 and
Florida 2003 Editions, are not applicable.
Collier 80325-05
Full Statement Back to INDEX
Question A.
Does the building official have the authority to make a determination as to
which plans the appropriate fire inspector may review?
Response
to Question A. No. Plans review, like any
firesafety inspection, are governed by Chapter 633, Florida Statutes, and
Chapter 69A-60, Florida Administrative Code, the Florida Fire Prevention
Code.
Question B.
If so, what plans could be exempt from review by the appropriate fire
inspector?
Response to Question B.
Please see the response to question A.
Question C.
May the building official make a determination that the appropriate fire
inspector does not need to review a revision to a plan that the appropriate
fire inspector previously reviewed and approved?
Response
to Question C. No. Only the firesafety official
has the authority to make a determination as to which plans he or she must
review under the Florida Fire Prevention Code.
Also see In re the Matter of
Miami-Dade, Case No. 35633-00,
which states: “However, pursuant to
Section 633.081, Florida Statutes, all firesafety inspections, which
includes plans review, must be conducted by a certified firesafety
inspector.”
Collier 65057-02
Full Statement Back to INDEX
I. The requirements of
NFPA 96, 1998 edition, relating to commercial cooking operations, are applicable
to new and existing educational facilities containing residential style ranges
in home economics instructional spaces, faculty lounges, and similar areas if
determined to be so applicable by the local authority having jurisdiction after
consideration of the grease laden vapors emitted by, or released in conjunction
with, the use of the stove, and after consideration of other factors such as
cooking volume, type of cooking, individual supervision, and expected security,
subject to the adoption of the revisions to Rule Chapter 69A-58, Florida
Administrative Code.
II. As of the date of
issuance of the Declaratory Statement, October 12, 2004, it is the intent of the
Department of Financial Services to adopt the following requirements in place of
the applicable provisions in NFPA 96, 1998 edition, during its upcoming
revisions to Rule Chapter 69A-58, Florida Administrative Code:
A. The requirements of
NFPA 96, 1998 edition, relating to commercial hoods, do not apply to residential
style ranges in home economics instructional spaces, faculty lounges, and
similar areas that meet all of the following criteria:
(i)
The space must contain only residential style ranges vented to the outside;
(ii)
Fire extinguishers must be provided in accordance with NFPA 10; and
(iii)
The space containing the residential style ranges must not be an assembly
occupancy.
B.
If all three of the conditions enumerated in (i) through (iii) above do not
exist, NFPA 96 will be fully applicable to residential style ranges in home
economics instructional spaces, faculty lounges, and similar areas, as indicated
in Paragraph 4, above.
Collier 79110-04
Full Statement Back to INDEX
QUESTION: When the Fire Prevention Code
is required by Section 553.72(4), Florida Statutes, to be included by
reference as sections in the Florida Building Code, and as FBC Subdivision
3601.2 specifically references compliance with the Florida Fire Prevention
Code as adopted by the State Fire Marshal, do these code sections establish
that the Building Official has authority to make decisions with respect to
the permitting of the types of operations outlined in NFPA 1, 2000 edition,
Subdivision 1-16.16, of the Florida Fire Prevention Code?
RESPONSE: The person issuing the permit
for the operations in NFPA 1, Subdivision 1-16.16, is designated by the
local government. That person may be the building official or, if
designated by the local government, the fire official as the “authority
having jurisdiction,” or it may be someone else. Regardless of who issues
the permit for the particular operation involved, that operation must comply
with all firesafety requirements applicable to it. Those requirements are
administered and enforced by the fire official or, in some cases, the State
Fire Marshal, and the firesafety decisions of the fire official and the
State Fire Marshal may not be overruled by the building official or anyone
else not designated as the fire official.
ColorAll Technologies
International 91600-07
Full
Statement
Back to INDEX
Question: Is Petitioner
exempt from NFPA 1.43.1.2.1
because its operations are
conducted outdoors?
Answer: Yes, NFPA 1.43.1.2.1
is not applicable to spray application
operations that are conducted outdoors.
Combs Oil Company 91285-07
Full
Statement
Back to INDEX
The Department denied the
Petitioner’s request to permanently waive
NFPA 2.3.2.3.3, 2000 edition, adopted in
Rule 69A-3.012, Florida Administrative Code
for the installation of its above ground
storage tanks. Petitioner argued that while
the proposal did not meet the Department’s
rule, it did meet the rule of the Department
of Environmental Protection regarding above
ground storage tanks. The Department is
authorized to grant a waiver or variance
from its rules when the Petitioner
demonstrates that the purpose of the
underlying statute will be achieved by other
means, and when the application of the rule
would create a substantial hardship or
violate principles of fairness. The Order
concludes that the Petitioner is not
uniquely affected by the rule, and the
purpose underlying the Department’s rule
would not be achieved by application of the
Department of Environmental Protection’s
rule, which has, as its basis, a different
rule.
Commercial 34756-00 Full Statement Back to INDEX
I: The AHJ may require that the system be upgraded to code so that it provides the 70db sound inside the units, by operation of Section 633.70, Florida Statutes (1999). Section 4A-48.002, Florida Administrative Code, is not applicable because the AHJ removed its approval of the existing system.
II: Section 633.70, Florida Statutes, permits the AHJ to require Petitioner, which did the work in 1996 and undertook to replace the horns with horn/strobes, to perform the upgrading, since that could and should have been done in 1996.
Coral Gables Fire Department, Fire Prevention Div.
86193-06
Full Statement Back to
INDEX
1. Question:
What are the Chapter 633, Florida
Statutes fire safety requirements of a
high rise, mixed-use occupancy such as the
Williams Building. Answer: The Code
provides that a high rise building with
residential occupancies, such as the
Williams Building, must be retrofitted with
an approved, supervised automatic sprinkler
system throughout, including the underground
garage, for the protection of property and
inhabitants.
2.
Questions: (a) Does Section 718.112,
Florida Statutes, exclude all high rise
condominium buildings from the
requirement of retrofitting for full fire
sprinkler protection? (b) Does Section
718.112, Florida Statutes allow the
Williams Building to forego retrofitting in
condominium units while requiring all other
occupancy classifications to install fire
sprinkler protection? Answer: The
Department is without jurisdiction to issue
a Declaratory Statement regarding questions
seeking guidance on the requirements of
Chapter 718, Florida Statutes.
Couts 61674-02 Full Statement Back to INDEX
Since the response interpreting Section 633.061, Florida Statutes, which is sought by the Petition for Declaratory Statement constitutes a rule which has not at this time been finalized, and since such interpretation will not be finalized until the rulemaking has been completed, IT IS, THEREFORE, ORDERED: That the Petition for Declaratory Statement be, and the same herein is, dismissed, in favor of rulemaking proceedings.
Demello
78448
Full Statement Back to INDEX
The use of one
specific subdivision of NFPA 1 to require fire sprinklers in an occupancy that
is clearly exempt from this requirement in the Life Safety Code, both of which
are applicable to the occupancy is not consistent with the Florida Fire
Prevention Code. In making a determination of the application of a code
provision, one must consider the typical use of the space in question. The
mini-storage facility’s use is more consistent with the Life Safety Code factors
of fire safety than those of NFPA 1. Therefore, it is not the intent of
subdivision 8-15.2 of NFPA 1 to mandate the installation of fire sprinklers in a
one-story mini-storage facility that is consistent with the Life Safety Code’s
Florida specific provisions. The provisions of subdivision 8-15.2 of NFPA 1
apply to a storage building with large storage areas that are not typically
found the in mini-storage arrangement.
Eagle
Aviation 92999-07
Full Statement Back to INDEX
The definition of “fire area” in
NFPA 409-3.3.9, adopted by
reference in Rule 69A-60.005, F.A.C., is
different
from the definition of “building area” in
Chapter 5 of the Florida Building Code. The
building area of a Group III, Type II (000)
aircraft hangar can exceed the maximum
single fire area indicated in Table 4.1.3 as
long as no single fire area exceeds the
maximum indicated in Table 4.1.3. Two-hour
fire walls can be used to subdivide a Group
III hangar building into fire areas as long
as the fire walls meet the definition in
NFPA 409-3.3.6., and the two-hour rating
required by NFPA 409-8.2.
Edwards 66550-02 Full Statement Back to INDEX
A. Question A: Would a stair configuration for a second floor unit that is open to the interior of the unit on the second floor and descending to an exit at grade be in compliance with NFPA 101, 30.3.5.2 (a), thereby allowing the building to not be sprinklered? (Assumption is that such stair is separated from all other portions of the building by fire barriers having a 1-hour fire resistance rating).
Response to Question A: No. The sub-section cited (a) applies to a one story building, since the same sub-section includes additional exceptions defining both an exterior (b) and an interior (c) stair arrangement. If (a) applied to a two-story building, there would be no need for (b) or (c) in its present context. The limitations of the stair serving only two units in (b) or to a single unit in (c) further clarifies its intent to apply (a) to one story buildings.
B. Question B: If the answer to question A is no, would 30.3.5.2 (c) allow a stair open to the interior of the unit on the second floor and descending to an exit at grade? (Assumption is that such stair is separated from all other portions of the building by fire barriers having a 1-hour fire resistance rating).
Response to Question B: Yes. The Code language permits the stair only if it serves a single unit and is separated from all other portions of the building. This therefore does not require separation from the unit that the stair serves.
C. Question C: In either case, if an Interior stair is provided as an exception to the sprinkler requirement, would that stair need to be within a shaft with a fire rated door in the unit at the second floor or could it be open to the interior of the unit on the second floor?
Response to Question C: Refer to the response of Question B.
D. Question D: Understanding that section 30.2.1 requires compliance with chapters 30 and 7 for egress and section 24.2 for escape, Section 30.2.4 (Florida revised) permits a single exit provided (a) the unit entry door is the exit from the building and (b) the exit door serves only that unit, and (c) the unit is less than 3,500 sq. ft., and (d) the building is max two stories. (Each of the units in question comply with all four requirements)
However, section 24.2.2.4, addressing means of escape, requires every story more than 2,000 sq. ft. to be provided with two primary means of escape. If each apartment on the second floor is specifically permitted to have a single exit by 30.2.4, does the requirement in section 24.2.2.4 for a second primary means of escape apply if the floor area exceeds 2,000 sq. ft., thereby requiring the unit to have two primary means of escape while the unit is permitted to have a single exit?
Response to Question D: Yes Sub-section 30.2.1 of NFPA 101 specifically requires two conditions to be met. First, that the “means of egress” be in accordance with Chapter 7. Means of egress is defined in sub-section 3.3.121 as comprised of three distinct components, (a) exit, (b) exit access and (c) exit discharge. The second condition is for compliance with the requirement for two primary “means of escape.” A means of escape is defined in sub-section 3.3.122 as one that does not comply with the strict definition of means of egress but does provide an alternative way out. A means of egress and a means of escape are two separate egress components. The means of egress will meet or exceed the requirements of a means of escape. A means of escape however, cannot be used in place of a required means of egress.
Therefore, the requirement is that the unit meet the requirements of the Code as revised by the Florida Fire Prevention Code to include a single exit for units of less than 3500 square feet and the more restrictive requirement of sub-section 24.2 which requires two primary means of escape. The single means of egress will qualify as one of the primary means of escape and therefore a second means of escape must be provided for.
E. Question E: If the answer to Question D is no, would the second portion of Section 24.2.2.4 that requires a second primary means of escape if the travel distance exceeds 75’ apply?
Response to Question E: Not applicable.
F. Question F: If a second primary means of escape is required, would an unenclosed spiral stair placed on an outside wall of the unit, outside of the usable floor space of the second and first floor units, usable solely for the second floor unit, qualify as a second primary means of escape?
Response to Question F: The Code only specifies what is required to comply with the provision. In this case, a means of escape must comply with sub-section 24.2.2.3. The approval of the actual design component rests with the local fire official.
FEDERAL/HILL
82727-05
Full Statement Back to INDEX
Q. Petitioner requests to know: is a duly
licensed or otherwise authorized entity
allowed to install and/or specify an
additional fire alarm control panel to
expand the functions of an existing or
proposed fire alarm system which is already
comprised of at least one fire alarm control
panel to expand the functions of an existing
or proposed fire alarm system which is
already comprised of at least one fire alarm
control panel, if such additional fire alarm
control panel meets the requirements of the
relevant codes in the specified edition of
NFPA 72, subdivision 3-8.1 through 3-8.1.3?
A. The relevant portions of both the 1999
and the 2002 editions of NFPA 72 obviously
provide an affirmative response to your
question, and no analysis, explanation,
interpretation, or construction is needed;
therefore, a declaratory statement is not
necessary to analyze, explain, interpret, or
construe a code or standard adopted by the
Division of State Fire Marshal.
Fernandez-Fraga 64418-02 Full Statement Back to INDEX
The Florida Fire Prevention Code does not require sprinklers in balconies of residential high-rise buildings.
Fernandez-Fraga 38037-03 Full Statement Back to INDEX
Q: Does NFPA 5-14.1.1.1 mandate the use of a post indicator valve or will a supervised outside screw and yoke valve satisfy the requirement?
A: The key issue is that the water supply must have at least one listed valve and it must be a listed indicating valve. If the outside screw and yoke will meet these requirements, the code has been satisfied. Therefore, if the water supply has at least one listed indicating valve, and if the outside screw and yoke meet the requirements set forth NFPA 13, Section 5-14.1.1.1 and 5-14.1.1.2, the requirements of the code are satisfied.
Fernandez-Fraga 71926-03 Full Statement Back to INDEX
Q 5.a.: Is it the intent of NFPA 101, Subdivision 7.9.2.2 to require one lighting circuit to be on normal power and one on emergency power?
A 5.a.: Yes. In addition to the normal lighting, the Life Safety Code requires a minimum of one redundant system to supply emergency lighting that will meet the performance criteria as spelled out in Section 7.9.2 throughout the means of egress. This system of redundancy can be met by the use of a generator or a battery system.
In your example you state that both sets of emergency lights are tied to one generator, one panel, and one transfer switch. This arrangement must be evaluated for its ability to supply the required level of illumination for the required 90 minutes. If a single redundant system of emergency lighting is chosen and that system meets the performance requirements, it is consistent with the Life Safety Code. Therefore, if two different emergency lighting sources serving the same egress paths are to be supplied by a single generator, and at least one lighting source is capable of meeting the performance requirements, the system meets the emergency lighting requirements of the Life Safety Code for redundancy.
Q 5.b.: If an exit stair is illuminated using two circuits on emergency generator power, both of which are supplied from the same panel, the same transfer switch, and the same generator, does such an arrangement meet the requirements of 7.9.2.2.?
A 5.b.: Yes, provided the requirements in the response to question 5.a. are met.
According to your representations, the “constant” or “continuous” lighting of the stairwell is from electricity provided by an electric company and the backup lighting is from a generator. There can be as many redundant systems as the building owner or the architect or engineer desires, but only one redundant system is required. Therefore, if as you state the backup system for the “exit stair is illuminated using two circuits on emergency generator power,” and one or the other of those lighting circuits provides the lighting required as indicated above, that arrangement complies with the requirements of 7.9.2.2.
Fire Brigade Alarm 89758-07
Full Statement Back to INDEX
The Petition does not set
forth sufficient facts upon which to
conclude that the Petitioner is a
substantially affected person within the
meaning of Sections 120.565 or 633.01,
Florida Statutes, and the Petition is
therefore DENIED.
Fischer 42721-01 Full Statement Back to INDEX
I: The fire alarm system must be replaced because the building does not fit the 11 or fewer exemption.
II: The walkway does not constitute its own independent exit or its own independent stairway discharging at grade. See Subdivision 31.3.4.1 of NFPA 101, 2000 edition, which states:
“31.3.4.1 General Apartment buildings with more than three stories or with more than 11 dwelling units shall be provided with a fire alarm system in accordance with Section 9.6, except as modified by 31.3.4.2 through 31.3.4.5.
“Exception: Where each dwelling unit is separated from other contiguous dwelling units by fire barriers (see 8.2.3) having a fire resistance rating of not less than ½ hour, and where each dwelling unit has either its own independent exit or its own independent stairway or ramp discharging at grade.” (Emphasis supplied).
III: The language in Subdivision 31.3.4.1 of NFPA 101 is the same in the 2000 edition as in the previous edition, which does not change anything. However, there is a change in Section 633.025(10), Florida Statutes, from 2000 to 2001. The 2000 version of Section 633.025(10), Florida Statutes, states: “With respect to standards established by the National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19-3.4.2.1 (Proper reference is to 19.3.4.1.) those standards shall not apply to structures having direct access to the outside from each living unit and having three stories or less.” (Emphasis supplied).
Such language is not contained in the 2001 version of Section 633.025(10), Florida Statutes; therefore, the exemption for structures having direct access to the outside from each living unit, such as on a common balcony or a common walkway, and having three stories or less does not exist as of January 1, 2002. As of January 1, 2002, to meet the exemption the apartment must have a separate independent exit to the outside, or must have a separate independent stairway or ramp discharging at grade. If neither of those circumstances apply, the apartment must be protected by a fire alarm system.
James Fletcher - Perry Fire Extinguisher
Full Statement
Back to INDEX
A. Question:
Did Petitioner, under Section 633.021,
Florida Statutes, or Sections 69A-21.301,
.302, or .304, have a duty to inform the
business of the servicing and/or maintenance
requirements of the
pre-installed/pre-engineered suppression
system absent any contract or agreement
between the parties to do so?
A. Response:
Although it would have been prudent and in
the public interest to inform the business
of the servicing and/or maintenance
requirements, and while the Division of
State Fire Marshal cannot respond as to the
duties and responsibilities of a contractual
agreement, the only legal requirement
is that the person recharging the canister
must be properly licensed to do so. If the
canister worked properly as alleged by
Petitioner, and if Petitioner was properly
licensed to recharge it, the Petitioner’s
legal duties have been fulfilled.
B. Question:
Did Petitioner, under Section 633.021,
Florida Statutes, or Sections 69A-21.301,
.302, or .304, have a duty to inquire as to
the training and/or qualification of the
employees of the business who provided
Petitioner with the canister from the
pre-installed/pre-engineered system?
B. Response:
No, for the same reasons stated in the
previous response.
Florida Electric Power 60697-02 Full Statement Back to INDEX
The Department of Insurance, Division of State Fire Marshal, hereby dismisses the Petition for Declaratory Statement for lack of jurisdiction over the Petitioner and the subject matter. The safety standards for transmission and distribution facilities of utilities, which includes a utility pole, is governed by the Florida Public Service Commission, and all firesafety authorities are required to observe those safety standards when dealing with transmission and distribution facilities.
Florida Fire Marshals and Inspectors
Association
89193-07
Full Statement Back to INDEX
The statement concludes that the maximum
quantity of liquid corrosive allowable per
outdoor control area is 500 pounds or 50
gallons, with certain exceptions set forth
in Chapter 60. Nothing in Subsection 60.2.2,
NFPA 1, 2003 edition, references Chapter 64,
NFPA 1, 2003 edition; therefore, Chapter 60
is not modified by Chapter 64. The storage,
use and handling of corrosive liquids in
amounts exceeding the maximum allowable
quantities permitted in control areas set
forth in Chapter 60, NFPA 1, 2003 edition,
must comply with Chapter 64, NFPA 1, 2003
edition; otherwise, the storage, use, and
handling of corrosive liquids in the control
area is not permitted.
Florida Manufactured Housing Association
83841-05
Full Statement Back to INDEX
For the
reasons stated in Silk Oak, LLC,
Petitioner, Case No. 78581-04-FM, it is
the position of the State Fire Marshal in
response to your questions that:
A.
QUESTION: Is the
application of Standard 6.3.5.2.1 of the
NFPA 501A-2003 prospective only?
A.
RESPONSE: Yes. All rules must operate
prospectively only unless specific authority
is provided in the statute providing
rulemaking authority to operate
retroactively. Section 633.022, Florida
Statutes, does not operate retroactively nor
does it provide specific authority for Rule
Chapter 69A-42, Florida Administrative Code,
Uniform Fire Safety Standards for Mobile
Home Parks and Recreational Vehicle Parks,
to operate retroactively.
B.
QUESTION: In a
phase development, is the prospective
application of Standard 6.3.5.2.1 of NFPA
501A-2003 limited solely to a phase that was
undeveloped on the date of adoption
of the standard by the Division of State
Fire Marshal?
B.
RESPONSE: Yes, for
the reasons stated in paragraph 8.A.
C.
QUESTION: Are
mobile home parks governed by the uniform
fire safety standards of which the State
Fire Marshal is the final interpreting
authority and, therefore, mobile home parks
are not subject to more stringent fire
safety standards of local governments with
regard to the placement of fire hydrants?
C.
RESPONSE: Yes.
See Section 633.022, Florida Statutes, and,
in particular, paragraph (b) of subsection
(2) thereof: “A local authority may not
require more stringent uniform firesafety
standards with respect to buildings or
structures subject to such standards except
as provided in paragraph (c) [not applicable
here].”
See also
Section 633.01(4), Florida Statutes: “It is
the intent of the Legislature that the rules
promulgated by the State Fire Marshal
pursuant to this section be enforced in such
a manner as to prohibit the displacement of
currently placed mobile homes unless there
is a threat of imminent danger to the
health, safety, or welfare of the general
public.”
Gainesville 82693-05
Full Statement Back to INDEX
Question 5.A:
Is this assembly occupancy [described in the petition] considered a
single multipurpose room?
Response to Question 5.A:
Yes, based on the above discussion and references, the room must be
considered a single multipurpose room
Question 5.B:
Is this assembly occupancy considered part of a mixed occupancy?
Response to Question 5.B:
No. In accordance with the discussion above and the response to Question
A., none of the attached spaces can be reasonably expected to function as a
separate occupancy and therefore it is not a multiple occupancy which
contemplates a building with more than one occupancy nor is it a mixed
occupancy where several occupancies are intermingled.
Question
5.C: Are
rooms such as those ancillary rooms within the building being used
consistent with the intent of the code as explained in A12.3.5.2(2) relating
to “certain small rooms as part of the single room,” and consistent with the
additional explanation stated in the Life Safety Code Handbook?
Response
to Question 5.C:
The explanatory text in the Appendix of any code or standard adopted as a
part of the Florida Fire Prevention Code is intended only to provide
informal non-binding clarification of specific code provisions. It has not
been adopted as a part of the Florida Fire Prevention Code, and as such is
not subject to review or interpretation in a Declaratory Statement.
Question
5.D:
Based on the
explanation given relating to this structure, is the facility required to
have a fire sprinkler system?
Response
to Question 5.D: Yes, because the building is an
assembly occupancy over 12,000 square feet and, therefore, does not qualify
for an exemption to NFPA 101 under subdivision 12.3.5.2(2).
Green 60893-02 Full Statement Back to INDEX
The fire sprinkler system begins at the point of service as defined by Section 633.021(18), Florida Statutes, which states: “’Point-of-service’ means the point at which the underground piping for a sprinkler system using water as the extinguishing agent becomes used exclusively for the sprinkler system.” Anyone performing any kind of work on such sprinkler system, including installation, testing, maintenance, or repair, must be a certified Fire Protection Contractor I, a certified Fire Protection Contractor II, or a certified Fire Protection Contractor V, pursuant to Section 633.521, Florida Statutes.
Hayes 41431-01 Full Statement Back to INDEX
Q: Is it permissible for certified firesafety inspectors to conduct NFPA 25 inspections of fire protection systems under Section 633.541, Florida Statutes, and Section 4A-46.041, Florida Administrative Code?
A: No. The only person permitted to engage in the business of “…layout, fabrication, installation, inspection, alteration, repair, or service of a fire protection system…,” and thus perform NFPA 25 inspections of fire protection systems under Section 633.541, Florida Statutes, are certified fire protection system contractors, certified under Sections 633.521-633.547, Florida Statutes. By the same token, the only persons permitted to perform firesafety inspections for code enforcement purposes are certified firesafety inspectors, certified under Section 633.081, Florida Statutes.
Q: If the answer to the above question is no, can the certified firesafety inspector lose his or her certification as a firesafety inspector for performing inspections for which he or she is not certified?
A: Any person who engages in the business of “…layout, fabrication, installation, inspection, alteration, repair, or service of a fire protection system…” without being certified under Sections 633.521-633.547, Florida Statutes, is subject to any applicable penalties provided in Chapter 633, Florida Statutes.
Hernando 43365-01 Full Statement Back to INDEX
Q: Are 2-ea. – 2 hour fire rated walls needed every 12,000 sq. ft. in row hangars, where each unit is divided by a partition having a fire resistance equivalent to that of the exterior walls or roof, whichever is greater?
A: One 2-hour wall is needed if no area is greater than 12,000 square feet for a total 21,000 square foot building; therefore, in the situation you describe, only one 2-hour wall would be needed for spaces 2,000 feet or less, for the reasons stated in Paragraphs 6 through 13.
Q: Are two egress doors required from each unit in row hangars as described in NFPA 101, 42.6.2?
A: Yes. Two means of egress are required unless the 50-foot exception applies, as indicated in Paragraphs 14 through 22.
Hillsborough-Lathers 79483-04
Full Statement Back to INDEX
Question: Is it
the intent of Section 69A-58.008(5)(f)2., Florida Administrative Code, to
require emergency rescue openings/secondary egress for a student occupied area
with an occupant load of 5 or fewer and a square footage greater than 250 square
feet?
Response: Yes.
Hodge 42646-01 Full Statement Back to INDEX
1. A Declaratory Statement was issued by the Florida Building Commission in case No. DCA 98-DEC 218 on December 22, 1998 and the Department concurs with the Findings of Fact and Conclusions of Law of the Florida Building Commission and adopts such Findings of Facts and Conclusions of Law as its own.
2. Section 553.895(2), Florida Statutes, provides an exemption from the requirement to install sprinkler systems in all buildings of three or more stories, except single or two-family dwellings. An individual claiming an exemption must demonstrate compliance with all requirements for the exemption. The exemption applies to stand-alone parking garages which meet the following criteria:
A. They must be constructed with non-combustible materials;
B. All levels must be uniformly open to the atmosphere on all sides;
C. The openings in B. must meet the percentages of openings prescribed in the Florida Building Code or in an authorized amendment thereto; and
D. The structures must be separated from other structures by at least 20 feet.
3. Finally, with respect to the question regarding whether a four hour wall may serve as an equivalency to the 20 foot separation requirement, Section 553.895(2), Florida Statutes, does not provide for any alternatives to its requirements. A basic principle of statutory construction is that when the legislature sets forth certain specific requirements, all other considerations not mentioned are excluded. Therefore, the response to whether a four hour wall may serve as an equivalent to the separation requirements in Section 553.895, Florida Statutes, must be answered in the negative.
Hodge
87041-06
Full Statement Back to INDEX
The clear language of
the rule reflects that its terms apply to
rooms designated as “media centers.”
Section 1013.12(5),
Florida
Statutes, prescribes two methods
of addressing violations of fire safety
standards for use by local fire officials.
The first method is the inclusion of such
violations in a plan of action developed in
accordance with Subsection 1013.12(2)(c),
Florida
Statutes. Second, if the
plan is not adhered to, the local fire
official must report such outstanding
violations to the State Fire Marshal, who
shall have enforcement authority in
accordance with the provisions of Chapter
633,
Florida Statutes.
Subsection 633.081(1),
Florida
Statutes, provides that each
county, municipality, and special district
that has firesafety enforcement
responsibilities employ or contract with a
firesafety inspector to conduct those
firesafety inspections required by law, and
authorizes the governing body to provide a
schedule of fees to pay the costs of
inspections and related administrative
expenses.
Humphries 71489-03 Full Statement Back to INDEX
Question 1: Is it the intent of NFPA 13 that floor mounted equipment tables and their overhead support structures in excess of 4 feet in width and heights which would not be less than 18 inches from the ceiling be provided with additional sprinkler protection within their assembly?
Response to Question 1: No, not if the tables are movable and the heights are not less than 18 inches from the ceiling; however, care should be taken to insure that the sprinklers are not unduly hindered in providing coverage to the room.
Question 2: If sprinkler protection is desired on the table top itself, will providing an open grate top surface (such as open wire shelving) suffice to allow water from above to penetrate through, and if so, how much equipment or dust shielding if any would be permitted on the shelving?
Response to Question 2: No, the open grating will interfere with the flow pattern.
Question 3: If the setup and racking above the table top were able to be restricted to less than 4 feet in width and maintained at least 18 inches below the level of sprinklers in a room, could additional coverage be omitted regardless of overall length or location within the room relative to overhead ceiling sprinklers?
Response to Question 3: No, because the question contains the words “regardless of overall length,” which is without limitation. Under specific conditions, the authority having jurisdiction may approve omission if the tables are within certain specific parameters.
IAFF 38984-01 Full Statement Back to INDEX
To become a certified firefighter and engage in those activities permitted to a certified firefighter, a person must have completed and passed the tests for all 360 hours as indicated above and as provided by law. In addition, any person who has not completed the full 360 hours of training and passed all the required tests may not engage in those firefighter activities permitted to a certified firefighter.
The response to your second question is, therefore, no. If a public safety officer does not have the official basic state certification of a firefighter, which consists of 360 hours as provided by Section 633.35(1), Florida Statutes, he or she cannot be considered a qualified, certified, firefighter and also perform the duties and responsibilities required of a firefighter.
Iles 87741-06
Full Statement Back to
INDEX
A. The Petition does not set
forth sufficient facts upon which to
conclude that the Petitioner is a
substantially affected person within the
meaning of Section 20.565,
Florida Statutes.
B. The
Petition is therefore DENIED.
Indian River Fire Rescue 77097-04
Full Statement Back to
INDEX
A. QUESTION: Is
it a requirement for a facility that is considered “large” to install a
sprinkler system? RESPONSE: Yes. The word “large” does not appear in Section
400.441, Florida Statutes; however, if a facility of more than eight residents
is to be considered “large,” as opposed to a facility of eight or fewer
residents, then the answer is yes, all facilities with more than eight residents
are required to install a sprinkler system.
B. QUESTION: If so, which code section would
be used to require this?
RESPONSE: The requirement is not found in the firesafety codes or standards, but
rather in the above quoted portion of Section 400.441, Florida Statutes.
C. The above responses are
subject to all of the other terms and conditions found in Section 400.411,
Florida Statutes.
JSS 61972-02 Full Statement Back to INDEX
If the cooking process produces or generates smoke or grease laden vapors, the added protection of a hood system is required.
Lee County - Constantine Notte 90308-07
Full Statement Back to INDEX
Question A. If a county has adopted a
resolution and a site-specific master plan
prohibiting the use of blasting on a given
piece of property, is that resolution or
master plan pre-empted by Section 552.30(1),
Florida Statutes? Answer: Not if
the local regulation constitutes a bona fide
land use ordinance and not a legal
subterfuge for regulating the circumstances
under which explosives may be used in
construction materials mining activities.
Question B.
If a county’s LDRs provide the county with
authority to prohibit blasting at a given
location, is the county’s authority
pre-empted by Section 552.30(1), Florida
Statutes? Answer: Same as Question
A.
Question C.
Does Section 552.30(1), Florida Statutes,
have the effect of
rendering blasting a permitted use in areas
where LDRs would otherwise authorize a
county to prohibit blasting? Answer: Same
as Question A.
Question D. Does Section 552.30(1),
Florida Statutes, pre-empt a county from
determining whether blasting would be
incompatible with the adjacent land use and
then applying the county’s land use
ordinances which may prohibit, restrict or
condition approvals of land uses which may
be incompatible with adjacent uses?
Answer: Same as Question A
Question E. Does Section 552.30(1),
Florida Statutes, pre-empt a county from
determining whether blasting in a particular
area would constitute a nuisance and so
applying county ordinances which regulate or
restrict an activity which is a nuisance?
Answer: Yes, the Department has sole and
exclusive authority to regulate the use of
explosives, including, directly or
indirectly, the operation, handling,
licensure, or permitting of explosives and
setting standards or limits, including, but
not limited to, ground vibration, frequency,
intensity, blast pattern, air blast and
time, date, occurrence, and notice
restrictions in conjunction with
construction materials mining activities.
The local regulation of those
legislatively-delegated activities and
standards under the authority to regulate
“nuisances” is deemed to be pre-empted.
Lee 90318-07
Full Statement Back to INDEX
The Petition for Declaratory Statement is
therefore DENIED, without prejudice to file
the same with the Florida Building
Commission.
Leesburg Fire Department 100712-08
Full Statement
Back to INDEX
Question: Does building
construction type, specifically IIIB, allow
the waiver of the firm alarm system
requirement in NFPA 101-31.3.4.1.1: Answer:
A Declaratory Statement is not the
appropriate means for obtaining a policy
statement of general applicability from an
agency. There are exceptions to the fire
alarm system requirements in existing
apartment buildings; however, the Petition
does not allege sufficient facts to
determine whether any of the exceptions
apply.
Ricco Longo, Collier County Full Statement Back to INDEX
A. Question 5.A., the portion of Question 5.B. relating to the Florida Building Code, Question 5.D., and Question 5.E. are dismissed for lack of jurisdiction over the subject matter.
B. Questions 5.B. and 5.C., as they relate to the Florida Fire Prevention Code, are further answered as follows:
(i) With respect to the portion of Question 5.B. relating to NFPA 101, under the Florida Fire Prevention Code, NFPA 101, 2000 edition, as adopted in Rule 4A-60.004, Florida Administrative Code, Subdivision 9.7.1.3, provides, “In areas protected by automatic sprinklers, automatic heat-detection devices required by other sections of this Code shall be permitted to be omitted.” Under NFPA 101, therefore, which is the Code to which “…this Code…” refers, in areas protected by automatic sprinklers, automatic heat-detection devices required by other sections of NFPA 101 are not required. Any other matters contained in the Florida Building Code are for the building code officials to interpret and enforce.
(ii) The State Fire Marshal does not have jurisdiction to render an interpretation of the Florida Building Code.
(iii) Fire officials do not have jurisdiction to interpret, apply, or enforce the Florida Building Code or any building codes of this state.
(iv) If a question is raised to a fire official relating to the Florida Building Code, or if a fire official notes a problem relating to the Florida Building Code, the fire official must refer the question or the problem to the building official in the same manner that a building official must refer questions relating to the Florida Fire Prevention Code to the fire official.
(v) Fire officials only have authority to interpret, apply, or enforce the firesafety laws, rules, codes, and standards. Those include but are not necessarily limited to Chapter 633, Florida Statutes, Rule Chapter 4A-58, Florida Administrative Code, relating to existing educational facilities, Rule Chapter 4A-60, Florida Administrative Code, the “Florida Fire Prevention Code,” and the codes and standards adopted by the Florida Fire Prevention Code.
(vi) If there is a dispute or disagreement between a fire official and a building official, the dispute must be brought to the attention of the State Fire Marshal to be resolved in accordance with Section 633.01(5) and Chapter 553, Florida Statutes.
Sonia Machen 89161-07
Full Statement Back to INDEX
IN RE: Petition for Declaratory Statement,
Sonia Machen, Case # 89161.
McElroy, Fire Marshal 102207-09
Full Statement
Back to INDEX
Question: Ocean Sunrise is a beachfront,
six-story, 30 unit apartment building
constructed in 1980. Exit access from each
upper floor unit is via an open balcony
style corridor to exit stairways on the
north and south ends of the building. Ocean
Sunrise does not have an alarm or fire
sprinkler system, and does not meet the
exception criteria set forth in NFPA
101.31.3.4. Does Ocean Sunrise need to
retroactively install a fire alarm system?
Answer: Yes, a manual
fire alarm system is required in every
existing apartment building comprised of
more than three stories in height or of more
than eleven dwelling units that does not
meet the exceptions.
McElroy - Gorham - NE Florida Contracting
91169-07
Full Statement Back to INDEX
A second floor terrace restaurant and bar
with two full and two half-sided walls, open
to the air, and covered by a “canopy”
consisting of an aluminum frame covered with
a flame retarded covering is required to be
fully sprinklered by the provisions of NFPA
13, (2002 edition) entitled, adopted by
reference in Rule 69A-60.005, Florida
Administrative Code.
Miami-Dade 35633-00 Full Statement Back to INDEX
Q: Whether Chapter 633, Florida Statutes, has any provision allowing any person not certified under Chapter 633 to perform any type of inspection on any portion of a fire sprinkler system. Under the mandate of both Sections 633.081 and 633.541, Florida Statutes, read separately or in pari materia, the clear intent is that only a certified fire protection system contractor possessing a valid and existing Certificate under Chapter 633, Florida Statutes, as a Fire Protection System Contractor I or II, or a duly certified firesafety inspector certified under Section 633.081, Florida Statutes, while in the course of a firesafety inspection or in the course of enforcing firesafety codes may perform the operations permitted by Section 633.541, Florida Statutes.
The operations permitted by Section 633.541, Florida Statutes, for all or any portion of a fire protection system are the “layout, fabrication, installation, inspection, alteration, repair, or service of a fire protection system, other than a preengineered system.”
A: Therefore, the response to the question is no.
Q: What are the licensure requirements in Chapter 633, Florida Statutes, for the “in-progress inspections” of a fire protection system?
Chapter 633, Florida Statutes, does not differentiate between “in-progress” inspections, final inspections, and periodic inspections.
A: Therefore, the response to the question is that licensure requirements for “in-progress inspections” are the same as for final and periodic inspections, and are as set forth above.
Q: What is the licensure requirement under Chapter 633, Florida Statutes, for a plans examiner who is reviewing plans on behalf of the building department in order to comply with Section 553.79(2), Florida Statutes?
The Department of Insurance does not administer Chapter 553, Florida Statutes, and cannot provide an opinion on the meaning and effect of Section 553.79(2), Florida Statutes; therefore, the Department of Community Affairs should be consulted with respect to an opinion relating to that statute.
A: Therefore, in response to the question, pursuant to Section 633.081, Florida Statutes, the person conducting the plans review for firesafety compliance must be a certified firesafety inspector.
Q: Can the local fire inspector accept and approve a 200 pound pressure test of a fire sprinkler system at the final inspections, if the pressure test was performed, witnessed, and approved by persons not certified under Chapter 633, Florida Statutes.
All firesafety inspections must be conducted by a certified firesafety inspector under Section 633.081, Florida Statutes, and they are also not prohibited from conducting a firesafety inspection of a fire protection, or sprinkler, system under Section 633.541, Florida Statutes.
A: Therefore, the response to the question is, no.
In summary, it is the position of the State of Florida, Department of Insurance, State Fire Marshal, that:
I. Chapter 633, Florida Statutes, does not have any provision allowing any person not certified under Chapter 633 to perform any type of inspection on all or any portion of a fire sprinkler system.
II. The licensure requirements in Chapter 633, Florida Statutes, for the “in-progress inspections” of a fire protection system are the same as for the final inspection or any periodic inspection; that is, the firesafety inspector performing the “in-progress inspection” must be a certified firesafety inspector under Section 633.081, Florida Statutes, or a certified fire protection contractor under Section 633.541, Florida Statutes, as described above.
III. The licensure requirements under Chapter 633, Florida Statutes, for a plans examiner who is reviewing plans on behalf of the building department in order to comply with Section 553.79(2), Florida Statutes, cannot be answered by the Department of Insurance because it does not administer Chapter 553. However, pursuant to Section 633.081, Florida Statutes, all firesafety inspections, which includes plans review, must be conducted by a certified firesafety inspector.
IV. The local firesafety inspector is not permitted to accept a 200 pound pressure test of a fire sprinkler system at the final inspections, if such pressure test was performed, witnessed, and approved by persons not certified under Chapter 633, Florida Statutes; the test must have been performed and approved or rejected by a certified firesafety inspector.
Miami-Dade 60696-02 Full Statement Back to INDEX
Q-1: Is it the intent of Section 8-15.2.1 of NFPA 1, of the Florida Fire Prevention Code to permit existing occupancies to maintain storage heights of commodities that are in direct violation of the National Fire Protection Association standards in NFPA 13 and 230?
Q-2: If so, does Section 1-5.4 or 1-5.5 allow the authority having jurisdiction to apply the requirements of the appropriate referenced standard, NFPA 13 or 230, to the occupancies in question?
The controlling section of the Florida Statutes relating to Petitioner’s questions is Section 633.0215, Florida Statutes. That provision requires the Division of State Fire Marshal to adopt NFPA 1 and 101 as the Florida Fire Prevention Code.
Petitioner’s assertions are based on the premise that there is a conflict between NFPA 1, 8-15.2.1 and the applicable portions of NFPA 13 and NFPA 230. NFPA 1, Section 1-5.4 states:
Where the requirement differs between this Code and referenced documents, the requirements of the referenced documents shall apply.
NFPA 1, Section 1-5.5 of NFPA 1, states:
Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings.
NFPA 1, Section 8-15.2.1 provides the current requirements for the storage of combustibles, and says that they shall comply with NFPA 13 and NFPA 230; however, the exception to that provision is for existing buildings. By the same token, NFPA 1, Sections 8-15.2.2 and 8-15.4.1 also except existing buildings from the requirements that they comply with NFPA 13, 230, and 231D, respectively.
NFPA 1 clearly excepted existing buildings from its requirements, which were to comply with NFPA 13 and 230.
There cannot be a conflict between NFPA 1 and NFPA 13, 230, or 231D if NFPA 1 refers to NFPA 13, 230, and 231D, and then excepts existing buildings from its requirements.
Response to Q-1: Existing buildings were excepted from the provisions of NFPA 13 and 230 by the exception contained in Section 8-15.2.1 of NFPA 1; therefore, there is no violation of the National Fire Protection Association standards in NFPA 13 and 230, and existing buildings are not subject to their requirements.
Response to Q-2: No, because it was Section 8-15.2.1 which provided the exception for existing buildings to the requirements of NFPA 13, 230, and 231D; therefore, there was no conflict and NFPA 1-5.4 or 1-5.5 would not apply.
Miami-Dade 61973-02 Full Statement Back to INDEX
Q: Is it the intent of the Florida Fire Prevention Code that existing, multiple unit (more than 11), apartment buildings that share a common, garden style, open balcony exit access and are three stories or less be required to install a fire alarm system?
A: Yes. It is the intent of the Florida Fire Prevention Code, based upon legislative changes to Section 633.025, Florida Statutes (2002), and the adoption of NFPA 101 in the Florida Fire Prevention Code, effective January 1, 2002, as mandated by Sections 633.0215 and 633.025, Florida Statutes, that existing, multiple (more than 11) unit apartment buildings that share a common, garden style, open balcony exit access and are three or fewer stories be required to install a fire alarm system.
Miami-Dade 70763-03 Full Statement Back to INDEX
Question 5.A. Does the fire department have the authority to enforce all life safety violations other than for fire sprinkler retrofitting during the interim period before the year 2014?
The authority of Miami-Dade Fire Department to enforce the requirements of the Florida Fire Prevention Code other than those provisions requiring sprinkler retrofitting is not affected by the amendment of Section 718.112, Florida Statutes.
Question 5.B. Does the Fire Department have the authority to require the association to state their decision before 2014 on whether they will install or forego the retrofitting of fire sprinkler systems?
The question of whether the fire department has the authority to request a condominium association to state by a date certain their decision as to whether to forego retrofitting of fire sprinkler systems does not involve an interpretation of any provision of Chapter 633, Florida Statutes, or the Florida Fire Prevention Code. Rather, this question relates exclusively to the provisions of Section 718.112, Florida Statutes. Accordingly, the State Fire Marshal does not have jurisdiction as to the interpretation of the statute in question.
Question 5.C. If the association does not vote to forego the installation of fire sprinklers, does the Fire Department have the authority to demand a plan of action including fire sprinkler installation or an engineered life safety plan during the interim period before the year 2014?
Unless and until an affected condominium association obtains the required affirmative vote the statutory exemption has no effect upon the provisions of Chapter 633, Florida Statutes, or applicable rules, and the fire department’s enforcement authority is not affected. Consequently, the fire department may require a condominium which has not obtained the required affirmative vote to install fire sprinklers or an engineered life safety system to the extent such safeguards are required by statute, rule, or ordinance, or interpretation thereof.
Questions 5.D. and 5.E. If the association has an approved existing engineered life safety plan, or if an approved existing engineered life safety plan includes common area fire sprinkler protection, can the Fire Department require the association to complete the work prior to 2014?
If an association which has not voted to forego sprinkler retrofitting has an approved existing life safety plan under which work is required to be completed before 2014, unless and until the affirmative two-thirds vote is obtained the authority of the fire department to require timely completion of the described work is not affected by the recent legislation. If the association has such a plan and has obtained the required affirmative vote, any provisions of the plan requiring sprinkler retrofitting or requiring the placement of sprinklers in common areas would be superseded to the extent those provisions were based upon the interpretations of Chapter 633, Florida Statutes, or applicable rules, codes, or ordinances. Whether, in fact, any given plan was based upon such an interpretation is dependent upon the particular facts and plan provisions applicable in each instance.
Mitchell Elementary School 97588-08
Full Statement Back to INDEX
Question A. The Petitioner
asked whether a four-hour fire wall can be
installed in a building larger than 20,000
square feet gross thereby avoiding the
sprinkler requirements of NFPA 101, to which
the Department answered: NFPA 101-14.3.5.1.1
does not contain an exception to spinkler
requirements relating to a four-hour fire
wall. This question can be addressed by the
Florida Building Commission which has
authority to interpret the Florida Building
Code.
Mosely 61524-02 Full Statement Back to INDEX
Q: Does the applicable code or standard require a sprinkler system for an area under a canopy, constructed entirely of non-combustible material, used strictly for passenger drop-off and pick up or pedestrian use, but not used for storage.
A: No. If the area is as described, that is, an area under a canopy, constructed entirely of non-combustible material, used strictly for passenger drop-off and pick up or pedestrian use, but not used for storage, sprinklering is not required under both the exception to 5-13.8.1 and the explanatory note in A-5-13.8.2 of NFPA 13.
Murray 75397-04 Full Statement Back to INDEX
Q.: Is it the intent of Section 69A-58.008(9)(t)2.i., Florida Administrative Code, to require all stages to have standpipes?
A.: Standpipes are only required on stages over 1,000 square feet in accordance with NFPA 101, Section 13.4.5.12, as adopted in Section 69A-60.004, Florida Administrative Code, and included in Rule Chapter 69A-58 by operation of Section 68A-58.010, Florida Administrative Code.
Neilinger 69985-03 Full Statement Back to INDEX
(I)
(a) A separate FACP to control elevator functions does meet the intent of the code.
(b) The issue of when a fire alarm system must be replaced calls for a decision that is reserved to the authority having jurisdiction and will, therefore, not be addressed.
(II) When a building is equipped with a fire alarm system, the panels must be interconnected when annunciators are installed at a constantly attended location.
(III) The question of whether automatic initiating devices are required to be installed in open unenclosed elevator landings is clearly answered by a rule or code section not administered by this agency and therefore will not be included as a part of this declaratory statement.
Neilinger #3
77240-04
Full Statement Back to INDEX
A.Question:
Does the building have to comply with 30.4 which references 11.8? (That
reference requires voice evacuation, firefighters phone jacks, and two-hour
rated survivability requirements. Subdivision 31.4 for existing buildings does
not refer to 11.8.) Response: No.
B. Question:
In an existing apartment building, must they comply with the requirements for
audibility inside units if they did not have them before? Response: Yes.
C. Question:
In an existing apartment building must they comply with the requirement for
visible signals throughout common areas? Response: Yes.
D. Question:
Please provide clarification as to what degree the existing building must comply
with the intent of the Florida Fire Prevention Code and Florida Statutes as a
minimum requirement when they replace systems. Response: Under Section
120.565, Florida Statutes, any clarification must be based on a specific set of
facts, conditions, and circumstances which this question does not present. The
governing subdivision of NFPA 101 for modernization and renovation of existing
buildings is subdivision 4.6.7. This subdivision must be evaluated with the
authority having jurisdiction to determine the degree of change required for a
specific building, system, or individual component thereof.
Obrenovic
91168-07
Full
Statement
Back to INDEX
Question: Do the provisions
of Rule 69A-57, Florida Administrative
Code, require Petitioner to install a
fire alarm system with three pull stations
and monitoring in her proposed Adult Family
Care Home (AFCH)?
Answer: No. Rule 69A-57, Florida
Administrative Code, relating to AFCHs
adopts NFPA 101 (2000 edition), Sections
32-3.3.4.7 and 32-3.3.4.8. These provisions
require that each sleeping room, living area
and corridor be equipped with a smoke alarm
powered from the electrical system; i.e.,
not battery operated. If the AFCH is not
able to attain an evacuation capability of
“prompt,” the licensing agency will be
notified that the AFCH no longer meets
firesafety requirements. If the AFCH
receives an evacuation capability of “slow,”
and the AFCH is in compliance with
Subdivisions 32.2.3.5.1, 32.2.3.5.2, and
32.2.3.5.3, Chapter 32, NFPA 101, 2000
edition, which require an approved fire
sprinkler system, the AFCH shall be deemed
to have met the required firesafety
requirements and no notification shall be
provided to the licensing
O’Neal 68479-03 Full Statement Back to INDEX
A county construction licensing board does not have the authority or the legal ability to weaken, lessen, or in any manner make less stringent the requirements of the Florida Fire Prevention Code as found in Rule Chapter 4A-60 and the codes and standards adopted therein, pursuant to Sections 633.0215(7), 633.0215(10), and 633.025(4), Florida Statutes. A spiral stairway may serve as a second means of egress PROVIDED that it only serves a single dwelling unit. A spiral stairway which serves more than a single dwelling unit may not serve as a second means of egress.
Olson 89113-07
Full Statement Back to INDEX
The Declaratory Statement
answers the question
whether
a local fire official or a school board
official has enforcement authority over Rule
69A-58, Florida Administrative Code. The
answer is that the district school board is
responsible for ensuring that all new
construction projects conform to the Florida
Fire Prevention Code. The board and the
local fire official are jointly responsible
for inspecting existing school facilities to
ensure they conform to the rule; the local
fire official is responsible for developing
a corrective action plan if violations of
the rule are found, and the board is
responsible for complying with the plan
developed by the local fire official.
Perkins 82335-05
Full Statement Back to INDEX
Question:
Does the 12,000 square feet refer to the square footage of the constructed
storage area, or only to the actual square footage used by the occupant for
the storage of combustibles?
Response:
It is the position of the State Fire Marshal that the 12,000 square feet in
NFPA 1, subdivision 13.3.2.23.2, refers to the square footage of the entire
constructed storage area.
Piper 62200-02 Full Statement Back to INDEX
Q-1:Is it permissible for a certified fire equipment dealer to sub-contract a job to another certified fire equipment dealer?
Response to Q-1: Yes, provided that each of the following conditions are met:
I. The subcontracting fire equipment dealer must know of his, her, or its own personal knowledge that the fire equipment dealer performing the work has satisfied all requirements of Sections 633.061 and 633.065, Florida Statutes, that it is properly licensed to do the work subcontracted to it, and that it carries the statutorily mandated insurance; and
II. The subcontracting fire equipment dealer must remain fully responsible along with the fire equipment dealer for the work performed.
Q-2: Is it permissible for a certified fire sprinkler contractor to sub-contract a job to another certified fire sprinkler contractor.
Response to Q-2: Yes, provided that each of the following conditions are met:
I. The subcontracting fire protection system contractor must know of his, her, or its own personal knowledge that the fire protection system contractor performing the work has satisfied all requirements of Sections 633.521 through 633.541, Florida Statutes, that it is properly licensed to do the work subcontracted to it, and that it carries the statutorily mandated insurance; and
II. The subcontracting fire protection system contractor must remain fully responsible along with the fire protection system contractor for the work performed.
In addition, please note that Section 633.541(2)(b), Florida Statutes, provides: “A fire protection contractor certified under this chapter may not: (b) Apply for or obtain a construction permit for fire protection work unless the fire protection contractor…has contracted to conduct the work specified for the permit.” Therefore, the fire protection contractor which contracts for the work must also be the same fire protection contractor which pulls the construction permit.
Pridgen 94566-08
Full Statement Back to INDEX
The Petition for Declaratory
Statement filed in this matter is denied,
without prejudice.
Riley 43657-01 Full Statement Back to INDEX
The Division of State Fire Marshal does not have jurisdiction to issue a declaratory statement on statutes and administrative rules not administered by the Division and has no alternative but to dismiss both Petitions for Declaratory Statement, and such Petitions hereby stand DISMISSED.
Riley 89217-07
Full Statement Back to INDEX
The Department issued a Declaratory
Statement to Edward Riley in Case Number
89217-07-FM. The questions and answers are
as follows:
B. Section 533.79(2), Florida Statutes, refers to the
“appropriate” firesafety inspector. Would
the “appropriate” firesafety inspector be a
person certified pursuant to Section
633.081, Florida Statutes, who must
also be authorized pursuant to Section
633.121, Florida Statutes? Yes.
Section 533.79(2), Florida Statutes,
clearly states that the firesafety inspector
rendering the required finding must be
certified pursuant to Section 633.081,
Florida Statutes. Section 633.121,
Florida Statutes, states in pertinent
part, that the chiefs of county, municipal,
and special-district fire departments and
other fire department personnel designated
by their respective chiefs, are authorized
to enforce the laws in their respective
districts. In this case, the appropriate
firesafety inspector is the certified
firesafety inspector designated by the Chief
of the Collier County Fire Control and
Rescue Districts.
Roberts 43434-01 Full Statement Back to INDEX
In specific response to your questions relating to the interpretation of Section 633.022(1)(b), Florida Statutes, Section 4A-55.005, Florida Administrative Code, and NFPA 96 and NFPA 101, it is the position of the State Fire Marshal that:
Q: Are temporary concessions (i.e., food service establishments located in mobile units, tents, trucks, etc.) within the Uniform Standards, as provided in Section 633.022, Florida Statutes, and Rule Chapter 4A-55, Florida Administrative Code?
A: Yes; however, the authority having jurisdiction over these public food service establishments is the local authority, not the State Fire Marshal.
Q: If so, then whose responsibility is it to make a decision as to whether the public food service establishment should be exempt from the requirements of Section 1-3.1.4, of NFPA 96?
A: The decision as to whether the public food service establishment should be exempt from the requirements of Section 1-3.1.4, of NFPA 96, is with the local authority having jurisdiction. In addition to its designation in Section 633.022(2)(b), Florida Statutes, the local authority having jurisdiction is the in the best position, being the inspector of the public food service establishment, to make a determination as to whether the public food service establishment should, in fact, be exempt from NFPA 96, because the inspectors are “on the scene,” they can tell whether “…all necessary provisions that impact on the personal safety of the occupants are considered,” which is the standard NFPA sets in A-1-3.1.4 for exempting the food service establishment from part or all of its requirements.
Rose 43276-01 Full Statement Back to INDEX
By definition ("Under the principle of statutory construction, expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another." Moonlit Waters Apartments Inc. v. Cauley, 666 So.2d 898, 900 (Fla. 1996), cited in Progressive Southeastern Insurance Company .v. Young, Petitioners No. SC93544, Supreme Court of Florida, Feb. 10, 2000.), a Contractor IV is restricted to performing the installation of systems in detached one-family dwellings, detached two-family dwellings, and mobile homes. Section 633.021, Florida Statutes, specifically excludes from its definition preengineered fire systems and single-family homes in cluster units such as apartments, condominiums, and assisted living facilities or any building connected to other dwellings.
Chief Anthony Roseberry, Jacksonville FRD
91875-07
Full Statement Back to INDEX
Question A: If it is
acceptable to combine previously tested
parts that have not been tested as a whole
system to fabricate a system, what
requirements are there for acceptance of
such a system? Answer: The system must be
engineered in accordance with the rules of
the engineering profession, in accordance
with nationally recognized standards, and
function as designed.
Question B: Should this system be
considered as an engineered or
pre-engineered system? Answer: Engineered.
Question C: Should it also require sealed
drawings from an engineer? Answer: The
answer is contained in the rules of the
Department of Business and Professional
Regulations. The Department is without
authority to interpret or opine upon those
rules.
Schwab Materials, Inc. 90308-07
Full Statement Back to INDEX
This Declaratory Statement withdraws the
Declaratory Statement issued In Re the
Matter of: LEE COUNTY, FLORIDA, Case No.:
90308-07-FM
Seminole 40724-01 Full Statement Back to INDEX
I: To sell legal sparklers to consumers at retail in the State of Florida, the private non-profit charitable corporation must possess, in its own name, a retailer certificate or a seasonal retailer certificate.
II: The fireworks company is not permitted to transfer, lend, sell, or assign the wholesaler certificate or the seasonal retailer certificate to any person who is not employed by or owned by the fireworks company for the sale of its products to the public under Section 791.015, Florida Statutes.
III: If the fireworks company enters into a contract with a person for the sale of its products to the public, the fireworks company is not permitted to transfer, lend, sell, or assign either its wholesaler certificate or its seasonal retailer certificate to that person if that person is not directly employed by or owned by the fireworks company under Section 791.015, Florida Statutes.
IV: Section 791.015, Florida Statutes, does not permit the practices enumerated above, and there is no other provision in Chapter 791, Florida Statutes, that does permit those practices.
Marshal A. Seymour 79485-04
Full Statement Back to INDEX
Question: Is it legal for a
company in Florida which is not a licensed fire equipment company to
“manage” accounts and get paid for them after getting another “licensed
company” to do the work?
Response: Based on the statement of facts which you have submitted, the
following principles apply:
A. If the management company does not engage in the business of providing
servicing, repairing, recharging, testing, marking, inspecting, installing
or hydrotesting of portable extinguishers, or advertise to perform this type
service, and if the management company does not appear on the invoice which
must be provided to the owner of the equipment and the owner is provided
with an invoice meeting the requirements of Section 69A-21.251, the statute
does not prohibit the owner of the equipment making payment to a third party
which, in turn, pays the licensed dealer.
B. However, if the licensed fire equipment dealer providing the service
invoices the management company and the management company separately
invoices the owner of the equipment with its own invoice without providing
the invoice from the fire equipment dealer, the fire equipment dealer and
the management company would both be in violation of Chapter 633, Florida
Statutes.
Shields Family R.L.L.P. 104405-09
Full Statement Back to INDEX
In the
subject property, consisting of three
two-story buildings having two units on each
floor, and one single-story building with
two units, the required alarms must be hard
wired into the buildings' electrical systems
Silk Oak, LLC. 78581-04
Full Statement Back to INDEX
Q-1: Whether NFPA 501 and NFPA 501A, and specifically
Subdivision 4-3.5.2, require mobile home parks that have been in existence prior
to the adoption of such Standards by the State Fire Marshal to retrofit their
entire communities with “fire hydrants every 500 ft”?
Response to
Q-1: No. The Petitioner may meet the requirements by complying with one of
the three alternatives established in NFPA 501A, 1999 edition, Subdivision
4-3.5.1. Even if the Petitioner did not have the choice in Subdivision 4-3.5.1
of NFPA 501A, 1999 edition, the phrase “where provided” in Subdivision 4-3.5.2
of NFPA 501A-1999, means that where fire hydrants have been previously provided
in the mobile home park they must be spaced within 500 feet of all homes and
buildings or at approximately 1,000 foot intervals. It is not applicable to a
situation such as this one in which there are no fire hydrants at all.
Q-2:
Additionally, to what extent and how is the Park governed by NFPA 501 and NFPA
501A?
Response to Q-2: NFPA 501 and 501A govern the mobile home
park to the extent recited in this declaratory statement, and in all other
respects, subject, however, to the provisions in the Florida Constitution,
Chapter 633, Florida Statutes, and the applicable rules of the Department of
Financial Services.
Slaughter Construction Co., 97276-08
Full Statement
Back to INDEX
A fire
protection system is a system individually
designed to protect the interior or exterior
of a specific building, structure, or
other special hazard from fire. A main which
does not, at the time it is constructed,
serve a specific building, structure, or
other special hazard is not a fire
protection system.
Sneed
80599-05
Full Statement Back to INDEX
Question: Which code takes precedence,
the Florida Building Code, Chapter 11-4.28, requiring 75 minimum candela
fire alarm system strobe lights, or the Florida Fire Prevention Code which
follows NFPA 72 requirements and allows multi-candela ratings?
Response:
Pursuant to Section 553.73, Florida Statutes, the State Fire Marshal has
conferred with the Florida Building Commission and both agree that, in
response to the question in Paragraph 5.A., the code that offers the
greatest degree of lifesafety on this specific set of facts is the Florida
Building Code, which requires higher candela ratings for fire alarm strobes.
Additionally, Chapter 11 of the Florida Building Code is the Florida
Accessibility Code for Building Construction which is established in the
Florida Disabilities Act and may only be amended as provided in Part II,
Chapter 553, Florida Statutes.
Spear 88105-07
Full Statement Back to INDEX
The Department has adopted
NFPA 101, the Life Safety Code, by rule.
Sections 15.2.1.2 and 15.2.1.4, relating to
schools, provide that rooms “normally
occupied by preschool, kindergarten or
first-grade students shall be located on a
level of exit discharge, unless provided
with independent means of egress dedicated
for use by the preschool, kindergarten,
first-grade or second-grade students.”
The question presented is whether the term
“normally occupied” applies to nonclassroom
areas such as media centers, auditoriums,
and lunchrooms. If the answer is “yes”
the question becomes whether the
“independent egress” must be in addition to
the other forms of egress required for those
areas. The answer is yes to both
questions. Where the nonclassroom area is
not located on the level of exit discharge
(ground floor), the Code recognizes that
small children can safely navigate stairs if
they do not have to compete with older and
more mobile students. Therefore, the
required additional stairway for young
children must be dedicated to the space
(media center, auditorium, lunchroom), and
must be in addition to any other required
egress stairways.
Spring Hill Fire Rescue 88055-07
Full Statement Back to INDEX
One provision of NFPA 1 prohibits the location of a
consumer fireworks retail sales facility within fifty (50) feet of an
aboveground storage tank for LP gas. Another provision prohibits the
location of a consumer fireworks retail sales facility within three hundred
(300) feet of an aboveground bulk storage or bulk dispensing area for LP
gas. This order concludes that the 300 foot prohibition was intended
to apply large capacity storage and dispensing of the type that occurs
within an industrial facility such as storage terminal, tank farm, and truck
or rail loading and offloading areas. The 50 foot prohibition
was intended to apply to consumer gas stations such as described in the
Petition.
Starbuck 42384-01 Full Statement Back to INDEX
Sections 4A-36.105 and 4A-3.012, Florida Administrative Code, and NFPA 72 require, and it is the position of the Department of Insurance, Division of State Fire Marshal, that:
Q: If only one tenant in a multiple tenant building is required by the applicable codes to install a fire alarm system, does the fire alarm system have to notify every tenant in the building, or may fire rated separations as required by the building code for tenant and occupancy separations be utilized to limit the required areas of installation in the building?
A: The response depends on the kind of means of egress that is provided by the occupancy.
I: When a multi-tenant building contains different occupancy classes that depend on a separate means of egress, only the affected tenant must meet the fire alarm requirement. For example, a strip center contains five business occupancies and one day care center of sufficient size to require a fire alarm system. The center has an exterior means of egress with direct access to the outside from each occupancy. Only the day care center would be required to install a fire alarm system. NFPA 101, the Life Safety Code in 5-5.3.2, with reference to “Exterior ways of exit access,” states “The long side of the balcony, porch, gallery, or similar space shall be at least 50 percent open and shall be arranged to prevent the accumulation of smoke.”
II: In contrast, if the arrangement of the building is such that each tenant must depend on the same atmosphere such as an interior corridor, or if egress is arranged in such a manner that a fire in one area may affect egress in the other such as multiple tenant’s exterior egress opening into a small alcove, then the fire alarm must include all affected spaces.
Q: If fire rated separations are allowed to limit the required areas of installation, is there a minimum hourly rating that should be allowed for this purpose, and what is it?
A: Assuming the situation in (i) above, that is, an exterior means of egress, the answer is yes.
Section 6-3.1.5 of NFPA 72, 1993 edition, states “Each section of a floor divided by a required 2-hour rated fire wall shall be considered as a separate area.” The tenant separation shall be in accordance the appropriate building code. Under the 1997 edition of the Standard Building Code, the separation would be required at 2 hours between a business or mercantile occupancy and a day care center. The explanatory text of NFPA 72, the National Fire Alarm Code, states as a presumption that the construction materials of a 2-hour wall would limit the transmission of sound.
Stuckey 90065-07
Full Statement Back to INDEX
A. The Petition does not set
forth sufficient facts upon which to
conclude that the Petitioner is a
substantially affected person within the
meaning of Sections 120.565 or 633.01,
Florida Statutes, and
B. The Petition is therefore
DENIED.
Sunrise 33544-99 Full Statement Back to INDEX
The authority having jurisdiction does not have the authority to require the Petitioner to meet either:
I: The alternative requirements permitted by the Rule, i.e., NFPA 101M, in place of the specific requirements of the Rule, i.e. NFPA 101, or
II: Both the specific requirements of the rule (NFPA 101) and the alternative requirements permitted to be accepted by the authority having jurisdiction (NFPA 101M).
Sunrise Community, Inc. 79589-04
Full Statement Back to INDEX
Question A.:
Are all authorities having jurisdiction in Florida compelled to comply with
the provisions of Florida Administrative Code, Chapter 69A, when inspecting
residences for persons with developmental disabilities?
Response
to Question A.: Yes. Authorities having
jurisdiction must apply the prescribed code requirements of the uniform
rules listed in Chapter 69A-38, Florida Administrative Code, for each
uniform facility. Each time a facility is cited for a violation, the
authority having jurisdiction must provide the basis (statute, rule, code,
or standard) for the violation.
Question B.:
Can any authority having jurisdiction in Florida apply an occupancy chapter
of the NFPA 101 Life Safety Code to a Florida residential facility for
people with disabilities other than the occupancy chapter specified in
Florida Administrative Code, Chapter 69A-38?
Response
to Question B.: As stated in the discussion
section, the standards found in Chapter 69A-38 must be applied, assuming the
facility is providing the services for which it has been licensed.
However, if the facility is providing services in addition to or
other than the services for which it has been licensed, the authority
having jurisdiction must either
(i) require
the facility to discontinue providing such services, or, if the facility
fails or refuses to discontinue providing such services,
(ii)
reclassify the facility for the services which it is actually providing and
inspect the facility under the reclassified standards.
Tamarac Fire Rescue 87261-06
Full Statement Back to INDEX
QUESTION: The question presented is
whether a manufacturer in a state outside of
Florida, who drills holes and cuts pipe in a
preengineered kitchen hood to a Florida
restaurant's specifications, is engaging in
the activity of "installing" which requires
a license from the Department.
RESPONSE: No. Only the person who
actually prepares and connects the system
for use in the restaurant kitchen requires a
license from the Department.
Tavss,
Ro-Mont 83852-05
Full Statement Back to INDEX
QUESTION:
Is a fire alarm system by itself, without
any other life safety system, feature, or
attribute, an “engineered life safety
system?”
RESPONSE:
No.
(NOTE: Omitted is the phrase,
“…such that a condominium association may
opt out of installing a fire alarm system as
permitted for sprinkler systems and other
“engineered systems” in Section 718.112,
Florida Statutes,” because the Division of
State Fire Marshal does not have
jurisdiction over Chapter 718, Florida
Statutes, and cannot offer a position with
respect thereto; nevertheless, regardless of
the context, a fire alarm system, in and of
itself, is not an engineered life safety
system. For an interpretation relating to
Chapter 718, Florida Statutes, Petitioner is
referred to the Department of Business and
Professional Regulation.)
Tremain,
96217-08
Full
Statement
Back to INDEX
Section 509.215 requires the
owners of a public lodging establishment of
three stories or more to comply with the
fire safety requirements of Section 509.215,
F.S., even if the third floor is not offered
for transient occupancy. If the structure
doesn't comply with the requirements of
Section 509.215(1) and (2), F.S., the owner
may not offer ANY sleeping rooms to the
public.
Townhomes of Suntree 89453-07
Full Statement Back to INDEX
The Petition for Declaratory
Statement filed herein is DENIED.
Van Wyk 41983-01 Full Statement Back to INDEX
Q: Does Chapter 633, Florida Statutes, and the rules promulgated thereunder provide exclusive jurisdiction to the fire official on all fire alarm plans reviews and inspections?
A: Yes, with the following explanation and clarification.
I; All fire alarm system plans reviews and inspections for firesafety purposes must be performed by a firesafety inspector certified under Section 633.081, Florida Statutes.
II: This position does not prohibit plans reviews or inspections of fire alarm systems by other persons, such as electrical contractors or anyone else designated by the local building official, for purposes other than firesafety; for example, for compliance with the National Electrical Code®, NFPA 70, or the National Fire Alarm Code®, NFPA 72, as a general building code plans review or inspection.
III: However, for purposes of compliance with minimum or uniform firesafety standards applicable to fire alarm systems, only firesafety inspectors certified under Section 633.081, Florida Statutes, may perform such inspections, including the plans reviews, and may enforce such firesafety standards.
Q: If not, to what extent may the local electrical official enforce the provisions of the National Fire Alarm Code®, NFPA 72?
A: Based on the response to the question in Paragraph 5.A., this question has become moot noting, however, that the building official may enforce NFPA 70 and NFPA 72 for any purpose other than official firesafety inspections including firesafety plans reviews.
Q: Are persons performing plans reviews and inspections for compliance with NFPA 72 required to be certified under Section 633.081, Florida Statutes.
A: Yes. Please see above.
Wayne 61296-02 Full Statement Back to INDEX
Q: Is the above referenced fire sprinkler project required to be designed exclusively per the parameters of NFPA 13, Standard for the Installation of Sprinkler Systems, 1999 edition?
A: No. Since NFPA 13 references NFPA 13D and 13R, 13D and 13R were intended to prescribe the standards used in the type of buildings described.
Q: Is the use of NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 1999 edition, for this project in violation of Florida law?
A: No, for the same reason indicated in response to the previous question. Section 553.895, Florida Statutes, references NFPA 13 and requires it to be followed. That means that Section 553.895, Florida Statutes, requires all of NFPA 13 to be the authority. If NFPA 13 then references another NFPA document, such as NFPA 13D or 13R, those alternative documents may be followed if consistent with Table 500 in Chapter 5 of the Florida Building Code, Building Volume.
Wright 43220-01 Full Statement Back to INDEX
Q: Does Section 633.021, Florida Statutes, allow a certified engineer who sealed the plans for a system of 50 or more heads to designate his own point of service for an underground fire protection line, or does the certified engineer have to designate the point of service to be the point at which the underground fire protection line is used exclusively for the fire sprinkler system?
A: The engineer must designate the point of service to be the point at which the underground fire Protection line is used exclusively for the fire sprinkler system.
Q: Can a contractor holding a Class I, Class II, or Class V license under Section 633.021, Florida Statutes, contract out to, or hire persons on a part-time basis from, another contractor who is not certified under Section 633.021, Florida Statutes, to engage in laying out, fabricating and installing an underground fire protection line (This question is from Questions 3. and 4. in the Petition)?
A: This is actually two questions: (i) Can a certified contractor contract work out to a non-certified contractor to be performed by the non-certified contractor, and (ii) Can a certified contractor hire persons on a part-time basis from a non-certified contractor.
I. The person engaging in laying out, fabricating, and installing an underground fire protection line must be certified or must be employed by a certified contractor. Therefore, the certified contractor may not contract out to another contractor who is not certified under Section 633.021, Florida Statutes.
II. The certified contractor may hire persons on a part-time basis from a non-contractor provided that the certified contractor supervises the work performed by the part-time person in accordance with Section 633.547(2)(e), Florida Statutes, and further provided that the certified contractor’s insurance will cover the work done by the part-time person pursuant to Section 633.521(4), Florida Statutes.
Q: Are fire sprinklers required in accordance with NFPA 13 and 13R in bathrooms where the floor area exceeds 55 square feet and the full height shower/bath tub is not noncombustible but limited combustible and combustible?
A: “Sprinklers are not required in bathrooms that are located within dwelling units, that do not exceed 55 ft.2 (5.1 m2) in area, and that have walls and ceilings of noncombustible or limited-combustible materials with a 15-minute thermal barrier rating including the walls and ceilings behind fixtures. The area occupied by a noncombustible full height shower/bathtub enclosure shall not be required to be added to the floor area when determining the area of the bathroom.” (Sec. –13.9.1, NFPA 13, and Sec. 2-6, NFPA 13R). Therefore, sprinklers would be required in the bathroom you describe.
Q-1: Is fire rated gypsum board listed as a noncombustible, limited combustible, or combustible material for determining what is noncombustible?
Q-2: Is tile listed as a noncombustible, limited combustible, or combustible material for determining what is noncombustible?
A: Gypsum board and tile when listed as an assembly can be rated as noncombustible, limited combustible, or combustible, depending on the different kinds of manufacturing processes and different kinds of gypsum board and tile. It is supposed to be tested for the most severe rating. Therefore, the response depends on the kind of gypsum board and the kind of tile used, the manufacturing process, and the manufacturer’s rating, and may include other factors.
Wright 61297-02 Full Statement Back to INDEX
A decision regarding protection by an NFPA 96 system must be rendered by the authority having jurisdiction following an evaluation of the type of equipment and how the equipment is being used. The occupancy class has no bearing on the requirement for protection except that some occupancies are permitted to be exempted from protection based on an exception, while other occupancies are permitted to be exempted from protection based on the type of equipment installed. In all instances, the authority having jurisdiction may require protection when an examination of the cooking equipment and area indicates that a cooking hazard exist.
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