NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from David Raines, Fire Code Official/Fire Marshal for the City of Fort Lauderdale, filed on or about September 20, 2011.The petition seeks the agency's opinion as to the applicability of clarify F.S. 633.01 and 633.025(4), NFPA 1, 2006 edition, sections: 25.6.1.1, 1.4.2 and 1.4.6, NFPA 33, 2003 edition, sections: 1.1.4, 6.2.1, 5.1.6, 4.1, 5.1.7, and Chapter 9 as it applies to the petitioner.
AHJ statutory jurisdictional authority is being challenged. The universal equal application of the Florida Fire Prevention Code from industry to industry is also being challenged, in particular the requirements of NFPA 33 as it applies to spray-painting (refinishing) mega-size yachts, other boats of various sizes, and miscellaneous vessel parts and or equipment. Lauderdale Marine Center (LMC), who occupies a 50-plus acre site in the City of Fort Lauderdale, claims that their spray-painting activity needs and the spray-painting needs for the entire marine industry are so unique that they cannot comply with the prescriptive requirements of the Fire Code; in particular the requirement to confine their spray-painting to spray booths, spray rooms, or spray areas.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Linje Rivers, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0333, (850)413-4230, 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.