State Fire Marshal – analysis DCA07-DEC-020:

 

 

Mo, I guess the crux of my question is this.  In the petition to the SFM, he ask three questions.  In the petition to the DCA, he ask the same three plus 3 additional questions.   In an effort to coordinate a response to the first three, I offer for your comments.  If you decide to throw rocks at me, make sure they are small rocks.  Please let me know your thoughts asap.

 

Thanks

 

Q1:  Does the building official have the authority to issue phased permits without the approval of the "appropriate" firesafety inspector? No.

Chapter 633, Florida Statutes, including but not necessarily limited to, Section 633.01, is clear in its intent that for any conflict between the building official and the fire official, the conflict must be resolved in accordance with Chapter 553, Florida Statutes. Phased permits are authorized under the provisions of the Florida Building Code for issuance for a building's foundation or any other portion prior to the receipt of the entire set of construction documents.   Such permits are issued at the risk of the owner who may be required to make adjustments to a constructed portion of the building, if subsequent code reviews deem it necessary. The excerpt quoted below from Section 553.79 F.S. is clear in stating the limitations on the issuance of a building permit by an enforcing agency and therefore fully answers the petitioner's question. It reads in pertinent part "... In addition, an enforcing agency may not issue any permit for construction, erection, alteration, modification, repair, or demolition of any building until the appropriate firesafety inspector certified pursuant to s. 633.081 has reviewed the plans and specifications required by the Florida Building Code, or local amendment thereto, for such proposal and found that the plans comply with the Florida Fire Prevention Code and the Life Safety Code...."  This same subsection continues and state in pertinent part "...Any building or structure which is not subject to a firesafety code shall not be required to have its plans reviewed by the firesafety inspector...."  This leads one to conclude that an enforcing agency may issued a phased permit without approval of the appropriate firesafety inspector only when the enforcing authority conclusively deemed that such permitted building or structure is not subject to any fire safety code.  The previous excerpt however clarifies that the firesafety inspector is the person who must find the plans to comply with the fire safety code and therefore, the fire safety inspector must also be the person to find that the plans are not subject to any fire safety code.

 Q2: Florida Statutes 553.79(2) refers to the "appropriate"  firesafety inspector. Would the "appropriate" firesafety inspector be a person certified pursuant to 633.081 who must also be authorized pursuant to Florida statutes 633.121? Yes.

Chapter 633 of the Florida Statute governs the enforcement of fire safety standards on the built environment.  Section 633.081(2) states that every firesafety inspection conducted pursuant to state or local fire safety requirements must be by a person certified as having met the inspection training requirements set by the State Fire Marshal.  Section 633.121 provides that the authority to enforce the provisions of chapter 633 and the rules of the State Fire Marshal is delegated to the chiefs of county, municipal and special district fire departments, other personnel designated by their respective chiefs and personnel designated by local government having no organized fire department. Therefore, if there is an organized fire department providing fire protection services to a jurisdiction, the authority for fire safety code enforcement and the appropriate fire safety inspector lies in this subsection.

 

Q3: N/A

 

 

James E. Goodloe, Chief

Bureau of Fire Prevention

Florida Division of State Fire Marshal

200 East Gaines Street

Tallahassee, FL 32399

(850) 413-3629

(850) 414-6119 Fax