NOTICE IS HEREBY GIVEN THAT Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from Anthony C. Apfelbeck, concerning Willow Park Apartment Complex on October 22, 2010.The petition seeks the agency's opinion as to the applicability of Section 633.0215(14) and Note 1 to Section 633.0215(14), Florida Statutes, as it applies to the petitioner.
The Petitioner is a Fire Official with the City of Altamonte Springs, Florida with the responsibility of enforcing the Florida Fire Prevention Code, Chapter 633, Florida Statutes and Chapter 69A-60, Florida Administrative Code. This petition for declaratory statement is referring to Willow Park apartment complex on Lake Adelaide within the jurisdictional limits of the City of Altamonte Springs subject to the provisions of the 2007 edition of the Florida Fire Prevention Code and regulated as an existing apartment under Chapter 31. Petitioner asks specific questions. 1) Does subsection (14) of the Florida Statutes 633.0215 apply to the Willow Park apartment complex; given that it is not a condominium form of ownership? 2) If the answer to question 1 is “No,” is the editorial footnote language in Section 633.0125(14), F.S., stating “A condominium, cooperative, or multifamily residential building that is less than four stories in height and has a corridor providing an exterior means of egress is exempt from the requirement to install a manual fire alarm system under s. 9.6 of the Life Safety Code adopted in the Florida Fire Prevention Code” enforceable and applicable to this apartment complex as editorially published footnote text? 3) May the Willow Park on Lake Adelaide apartments remove an existing manual fire alarm system originally installed to comply with section 31.3.4.1.1 of the 2007 FFPC?
A copy of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, (850)413-3604 or (850)413-4238, Fax: (850)922-1235 or (850)488-0697 (please advise if you would like it mailed or faxed to you and please include your phone number on your request in case any question arises) or by e-mail: Lesley.Mendelson@myfloridacfo.com.