NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from William Jolley on or about March 4, 2009.The petition seeks the agency's opinion as to the applicability of Florida Fire Prevention Code Section 31.3.4.3.5.1 and 4.6.12.2. as it applies to the petitioner.
The first section cited above refers to existing buildings 4 stories or less as not being required to have an alarm system monitored. The second section cited above states if it is monitored under new then it always has to be monitored. Once the building has its final CO, and when our inspectors go to perform an annual inspection, it is now an existing building. We are concerned that there is conflicting language in the code and are unsure of which way to go. Question 1. If existing apartment buildings 4 stories or less are not required to have the alarm system monitored, do we require new buildings to be monitored? And if so, when the next annual inspection is performed, is it now an existing building and no longer required to be monitored? Question 2. If existing apartment buildings 4 stories or less are not required to have the alarm system monitored, what if the apartments in question already have a system that is monitored? Is it OK to allow them to discontinue the monitoring?
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-mailing your request: Lesley.Mendelson@myfloridacfo.com.