NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has issued an order disposing of the petition for declaratory statement filed by ny C. Apfelbeck, Fire Marshal/Building Official, City of Altamonte Springs on December 09, 2009. The following is a summary of the agency's disposition of the petition:
The first amended question is whether steel joists, as defined in the Florida Building Code, are included in the definition of “light-frame truss-type construction” in paragraph 69A-60.0081(2)(a), F.A.C. The answer is no, because the definition does not limit steel joists to either light gauge or repetitive framing members. The second question and third questions ask whether the local authority have authority to enforce Rule 69A-60.0081, F.A.C. The answer is yes. Both the implemented legislation and Section 633.121, Florida Statutes, authorize enforcement of Rule 69A-60.0081, F.A.C., by the local authority in that the reference to the State Fire Marshal in Section 633.161, Florida Statutes, is not limiting language, but authorization for the local authorities to utilize the penalties therein.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Lesley Mendelson, Assistant General Counsel, 200 East Gaines Street, Tallahassee, FL 32399-0340; or by e-mail: Lesley.Mendelson@myfloridacfo.com.