NOTICE IS HEREBY GIVEN that Department of Financial Services, Division of State Fire Marshal has received the petition for declaratory statement from on October 12, 2012, from Wesley W. Hayes, Petitioner, file no. 129479-12-FM.The petition seeks the agency's opinion as to the applicability of the Florida Fire Prevention Code NFPA 101, Chapter 30, New Apartment Buildings as it applies to the petitioner.
Within the definitions of 101, no definition can be found of a ‘Townhouse’. However, there is commentary in the annex of a townhouse 3.3.1.28.3. Definitions can be found of “Apartments” (6.1.8.1.5). Per statute one and two family homes are exempt from NFPA 101, however the argument comes in about a building that is going to become a Townhouse. This particular structure will be built with a two hour fire rating between units, a ‘Separated Occupancy’ as defined in 101. The builder states that a fire inspection is not called for the two hour rated walls since a Townhouse is considered a one and two family dwelling. The petitioner is suggesting that the building does not become a ‘Townhouse’ until after confirmation of the required fire rating between units. So therefore a fire inspection would be required of the fire rated wall.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Mandy O’Callaghan, Assistant General Counsel, 200 East Gaines Street, Tallahassee, Florida 32399-0333, phone (850) 413-4150, fax number (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 Mandy.O’Callaghan@myfloridacfo.com.