NOTICE IS HEREBY GIVEN that on November 02, 2007, the the Department of Financial Services, Division of State Fire Marshal NOTICE IS HEREBY GIVEN that the Department of Financial Services, Division of State Fire Marshal, has issued an Order Denying Petition for Permanent Waiver in RE: Combs Oil Company, Case #912855-07-FM. has issued an order. has issued an order.
The Department denied the Petitioner’s request to permanently waive NFPA 2.3.2.3.3, 2000 edition, adopted in Rule 69A-3.012, Florida Administrative Code, for the installation of its above ground storage tanks. Petitioner argued that while the proposal did not meet the Department’s rule, it did meet the rule of the Department of Environmental Protection regarding above ground storage tanks. The Department is authorized to grant a waiver or variance from its rules when the Petitioner demonstrates that the purpose of the underlying statute will be achieved by other means, and when the application of the rule would create a substantial hardship or violate principles of fairness. The Order concludes that the Petitioner is not uniquely affected by the rule, and the purpose underlying the Department’s rule would not be achieved by application of the Department of Environmental Protection’s rule, which has, as its basis, a different rule.
A copy of the Order may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, FL 32399-0340, or by e-mailing your request to Lesley.Mendelson@fldfs.com or can be viewed at the State Fire Marshal website at http://www.fldfs.com /SFM.