Notice of Declaratory Statement

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from Fort Myers Beach Fire Control District on July 8, 2011.The petition seeks the agency's opinion as to the applicability of Chapter 633, Florida Statutes, as it applies to the petitioner.
This petition for declaratory statement is referring to an existing hotel that has been cited for not having proper fire separation in an existing incidental mercantile occupancy. The Petitioner has presented the following questions: Does a hazardous incidental mercantile occupancy in a hotel/motel need one (1) hour fire separation? Does the two (2) hours fire separation apply when an incidental mercantile occupancy is directly adjacent to a parking? And Does 101-7.1.3.2.1, Florida Fire and Life Safety Code, apply when an incidental mercantile occupancy in a existing hotel/motel is directly adjacent to a principle means of egress in a building that is three (3) stories or less, and the egress is partially open air?
A copy of the Petition for Declaratory Statement may be obtained by contacting: Linje Rivers, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0340, Phone (850)413-3110, Fax: (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-mailing your request to Linje.Rivers@myfloridacfo.com.