NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal, has received the petition for declaratory statement from Shores of Madeira Condominium (Numerous Unit Owners at) 15400 Gulf Boulevard, Madeira Beach, Florida, on October 12, 2010, from Donald Kieffer, Petitioner.The petition seeks the agency's opinion as to the applicability of Fire Code Section 10.11.7. as it applies to the petitioner.
The condominium had two outdoor gas grills for about 20 years located near the pool and (interior) kitchen, but underneath a large overhang. This location was extremely convenient as it was near the kitchen, near the pool, near dining tables, and completely under cover. The City Fire Marshal has ordered the grills to be moved. There is no convenient or covered place on the grounds. Offers to install a sprinkler have been rejected. The only suggestion from the local officer is to get an electric grill or cook outside. Arguments: Are the local Fire Chief’s interpretation of the Code correct – that there is no way that these long standing gas grills can be used under cover? Is this true notwithstanding the masonry construction of the building and the long history of incident free use of the grills? Is there no way to install sprinklers to abate the risk and return to the prior convenience – especially when so many other beachfront condos have the same arrangement? What if we had a cut off for the propane and sprinklers?
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 email: Lesley.Mendelson@myfloridacfo.com.