NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal, has issued an order disposing of the petition for declaratory statement filed by Fort Myers Beach Fire Control District and Darren White, Assistant Fire Chief, Case #121574-11-FM, on November 03, 2011. The following is a summary of the agency's disposition of the petition:
A Declaratory Statement was issued by the Department on January 20, 2012. The agency has determined that Sections 29.1.1.1 and 29.3.2.2.2. and Table 29.3.2.2.2 of the National Fire Protection Association 101, Life Safety Code, 2006 edition, require one-hour fire-rated separation or sprinklers for a gift shop that exceeds 100 square feet in an existing hotel. The Department has further determined that it may not provide an opinion for Petitioner’s second question which asked, “When there are two provisions in the Florida Fire Prevention Code, does the more stringent apply?” With regard to this question, the Petition fails to identify any provisions in the FFPC which authorize differing requirements for Petitioner’s circumstances and, as such, does not satisfy the requirements of Section 120.565(2), F.S.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Tina White, Assistant General Counsel, Department of Financial Services, 200 E. Gaines St., Tallahassee, Florida 32399-0333, (850)413-4172 or email: tina.white@myfloridacfo.com.