DECLARATORY STATEMENT. THIS CAUSE came on for consideration upon the Petition for Declaratory

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1 TOM GALLAGHER CHIEF FINANCIAL OFFICER STATE FIRE MARSHAL STATE OF FLORIDA In re the Matter of Rocky Sneed, Petitioner. Case No.: 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

2 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 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 2

3 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 , 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 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 , requiring 75 minimum candela fire alarm system strobe lights, or the Florida Fire 3

4 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 (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 and shall be resolved by agreement between the commission and the State Fire Marshal in favor of the 4

5 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 , 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 It appears that petitioner has identified a conflict between the Florida Building Code and the Florida Fire Prevention Code; therefore, the procedures in Section , 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 , requiring 75 minimum candela fire alarm system strobe lights, or the Florida Fire Prevention Code which follows NFPA 72 requirements and allows multicandela ratings? 5

6 B. Response: Pursuant to Section , 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 , Florida Statutes, a Declaratory Statement constitutes final agency action and is therefore subject to judicial review pursuant to Section , 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 6

7 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 Gabriel Mazzeo, Attorney Division of State Fire Marshal 200 East Gaines Street Tallahassee, Florida