Notice of Declaratory Statement

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
NOTICE IS HEREBY GIVEN THAT Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from Sonia Flores Machen on or about June 12, 2009.The petition seeks the agency's opinion as to the applicability of Chapter 633, F.S., Sections 509.215, 509.013, and 553.895, F.S., Chapters 69A-43 and 69A-60, F.A.C., FFPC-NFPA 101, Chapters 28 and 29 as it applies to the petitioner.
Petitioner is the local AHJ applying the above sections to require sprinkler system protection in all new public lodging facilities or change of occupancy from Apartment occupancy (permanent residence) to Hotel occupancy (transient use). The building owners who are affected do not agree that a sprinkler system is required based on the same section cited above. This issue applies to many building in the City of Miami Beach. Many owners of small apartment buildings are converting the use to transient occupancies. The outcome of this Declaratory Statement will help the local AHJ apply the requirements consistently throughout the City and customers will have a definite decision for imposing sprinkler system requirements.
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.