TOM GALLAGHER
CHIEF FINANCIAL OFFICER
STATE FIRE MARSHAL
STATE OF FLORIDA
In re the Matter of
Rocky Sneed,
Petitioner.
Case No.: 80599-05-FM
Petition for Declaratory Statement
to the Florida Department of
Financial Services
________________________________/
DECLARATORY STATEMENT
THIS CAUSE came on for consideration upon the Petition for Declaratory
Statement received on March 7, 2005, by the Department of Financial Services,
hereinafter referred to as the Department, from Mr. Rocky Sneed, hereinafter referred to
as Petitioner. Upon consideration thereof, and being duly advised, the Chief Financial
Officer as State Fire Marshal, finds as follows:
1.
The Chief Financial Officer as State Fire Marshal, has jurisdiction over the
subject matter and the parties to this matter.
2.
This Declaratory Statement is premised upon the assertions of fact set
forth in the Petition for Declaratory Statement. Any modification to those assertions of
fact could alter the conclusions set forth in this Declaratory Statement. None of the
assertions of fact are admitted by the Department as being true and Petitioner’s
question is being answered purely as a hypothetical one. If any of the facts asserted by
the Petitioner are untrue or materially incomplete the conclusions of this Declaratory
Statement could be significantly different.
3.
If the Petition for Declaratory Statement contains various legal assertions,
conclusions, and arguments, those assertions, conclusions, and arguments are not
adopted by the Department and are not used as legal premises or authority for the
conclusions of this Declaratory Statement. Legal assertions, conclusions, and
arguments are considered only to illustrate the manner in which Petitioner may be an
affected person entitled to have the Department issue this Declaratory Statement.
BACKGROUND and FACTS ASSERTED
4.
Petitioner asserts that:
A.
The Florida Fire Prevention Code, which uses a modified version of NFPA
101, references in Subdivision 9.6.3.5 that fire alarm notification signals (and, in
particular, visual signals), shall be in accordance with NFPA 72, as well as Chapter 11
of the Florida Building Code.
B.
There is a conflict between NFPA 72, and the Florida Building Code
Chapter 11 concerning the candela rating of fire alarm system strobe lights.
C.
Under NFPA 72, various strobe candela ratings are allowed, based on the
size of the area that they are intended to cover. For instance in a 20’ x 20’ room, per
NFPA 72, a 15 candela strobe light is adequate to provide the lumens necessary for the
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listed space. In a 30‘ x 30’ room, a 30 candela strobe is sufficient, a 40’ x 40’ room
would use a 60 candela, and under NFPA 72, a corridor could use a 15 candela strobe.
D.
Under the Florida Building Code Chapter 11-4.28, the strobe lights are
required to be 75 candela minimum.
E.
Historically, the fire department authority having jurisdiction provides
plans review, permitting, inspection, and approval of fire alarm system installations.
F.
Also, the fire department authority having jurisdiction practically always
uses NFPA 72 as the basis of his/her approval, and not the Florida Building Code
Chapter 11-4.28 for strobe candela requirements.
G.
By not having a clear knowledge of what code is being enforced, the
Petitioner is subject to conflicting standards utilized by either the person enforcing the
Florida Fire Prevention Code or the person enforcing the Florida Building Code in
securing certificates of occupancy for building owners.
H.
Further, there is confusion between the authorities having jurisdiction on
which code to enforce.
QUESTIONS
5.
Petitioner’s questions are
A.
Which code takes precedence, the Florida Building Code, Chapter 11-
4.28, requiring 75 minimum candela fire alarm system strobe lights, or the Florida Fire
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Prevention Code which follows NFPA 72 requirements and allows multi-candela
ratings?
B.
Who is responsible for the plan review of these devices?
C.
Who is responsible for issuing the permits?
D.
Who is responsible for inspection and approval?
E.
Who is responsible for enforcing the conflicting code requirements?
DISCUSSION
6.
Because the question involves considerations related to the Florida
Building Code, the question was presented to the Joint Building Fire Technical Advisory
Committee (TAC) in session on April 13, 2005, to determine if the TAC would seek to
make any recommendations on these particular sections of the codes.
7.
The TAC, after discussion of the respective codes and the fact that the
Florida Disabilities Act and the Americans with Disabilities Act are considerations
relating to the facts presented, voted to refer the questioner to the Florida Building Code
and the controlling statutes of the Florida Disabilities Act which has been incorporated
therein.
8.
Section 553.73(1), Florida Statutes, states:
(d) Conflicting requirements between the Florida Building Code and the
Florida Fire Prevention Code and Life Safety Code of the state established
pursuant to ss. 633.022 and 633.025 shall be resolved by agreement
between the commission and the State Fire Marshal in favor of the
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requirement that offers the greatest degree of lifesafety or alternatives that
would provide an equivalent degree of lifesafety and an equivalent method
of construction. If the commission and State Fire Marshal are unable to
agree on a resolution, the question shall be referred to a mediator,
mutually agreeable to both parties, to resolve the conflict in favor of the
provision that offers the greatest lifesafety, or alternatives that would
provide an equivalent degree of lifesafety and an equivalent method of
construction.
9.
Section 633.01, Florida Statutes, states:
(5) It is the intent of the Legislature that there are to be no conflicting
requirements between the Florida Fire Prevention Code and the Life
Safety Code authorized by this chapter and the provisions of the Florida
Building Code or conflicts in their enforcement and interpretation. Potential
conflicts shall be resolved through coordination and cooperation of the
State Fire Marshal and the Florida Building Commission as provided by
this chapter and part VII of chapter 553.
10.
It appears that petitioner has identified a conflict between the Florida
Building Code and the Florida Fire Prevention Code; therefore, the procedures in
Section 553.73, Florida Statutes, must be employed to resolve the conflict.
DECLARATORY STATEMENT
WHEREFORE, it is the opinion of the State Fire Marshal on the following
questions that:
11. A. Question: Which code takes precedence, the Florida Building Code,
Chapter 11-4.28, requiring 75 minimum candela fire alarm system strobe lights, or the
Florida Fire Prevention Code which follows NFPA 72 requirements and allows multicandela ratings?
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B.
Response: Pursuant to Section 553.73, Florida Statutes, the State Fire
Marshal has conferred with the Florida Building Commission and both agree that, in
response to the question in Paragraph 5.A., the code that offers the greatest degree of
lifesafety on this specific set of facts is the Florida Building Code, which requires higher
candela ratings for fire alarm strobes. Additionally, Chapter 11 of the Florida Building
Code is the Florida Accessibility Code for Building Construction which is established in
the Florida Disabilities Act and may only be amended as provided in Part II, Chapter
553, Florida Statutes.
12.
As to the questions in Paragraphs 5.B. through 5.E., the administrative
functions of the code permitting and approval process are as determined by the affected
local governmental agency.
NOTICE OF RIGHTS
Any party to these proceedings adversely affected by this Declaratory Statement is
entitled to seek review of this Declaratory Statement pursuant to Rule 9.110, Florida
Rules of Appellate Procedure, because pursuant to Section 120.565, Florida Statutes, a
Declaratory Statement constitutes final agency action and is therefore subject to judicial
review pursuant to Section 120.68, Florida Statutes. Review proceedings must be
instituted by filing a petition or notice of appeal with the General Counsel, acting as the
agency clerk, at 612 Larson Building, Tallahassee, Florida, and a copy of the same with
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the appropriate district court of appeal, within thirty days of rendition of this Declaratory
Statement.
ENTERED at Tallahassee, Leon County, Florida, this ____ day of
_____________________________, 200___.
____________________________________
Karen Chandler
Deputy Chief Financial Officer
Copies furnished to:
Mr. Rocky Sneed
430 West Drive
Altamonte Springs, Florida 32714
Gabriel Mazzeo, Attorney
Division of State Fire Marshal
200 East Gaines Street
Tallahassee, Florida 32399-0340
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