NOTICE IS HEREBY GIVEN THAT the Department of Financial Services, Division of State Fire Marshal has declined to rule on the petition for declaratory statement filed by Leesburg Fire Department on November 26, 2008. The following is a summary of the agency's declination of the petition:
The Petition poses the following question: Does building construction type, specifically IIIB, allow the waiver of the fire alarm system requirement in NFPA 101-126.96.36.199.1? Following a discussion of the application standard, the Declaratory Statement concludes that it is not the appropriate means for obtaining a policy statement of general applicability from an agency, citing Tampa Electric Company v. Florida Department of Community Affairs, 654 So.2d 998 (Fla. 1st DCA, 1995). The standard provides exceptions to the fire alarm system requirement in existing apartment buildings; however, the Petition does not allege sufficient facts to determine whether any of the exceptions apply. In accordance with the foregoing, and the statutes, rules and case cited therein, the Petition for Declaratory Statement herein is hereby DENIED.
A copy of the Order Declining 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-mailing your request to: Lesley.Mendelson@myfloridacfo.com.