ISSUE:

Declaratory Statement number: DCA07-DEC-O38 Petitioner, Ed Riley, Fire Code Official’s Office, Collier County is requesting an interpretation of Section 553.73(1)(c) Florida Statutes, Interlocal Agreement between Collier County and the Independent Fire Districts of Collier County Section 633.121 Florida Statutes.

BACKGROUND:

The Building Official has overturned a stop work order issued by a Fire Inspector of the North Naples Fire Control and Rescue District. The stop work order was based on FFPC Section 1.7.11.3 and FFPC Amended.

QUESTIONS with STAFF RECOMMENDATIONS:

1. Does the building official have the authority to over turn a stop order issued by properly licensed and authorize fire inspector? Answer: The Florida Building Commission has no authority to answer this question. The State Fire Marshal is the authority having jurisdiction on the subject.

2. Is that particular provision of the interlocal agreement, which gives the building official temporary authority over the fire official valid or is it in violation of Florida Statute 633.121 or 553.73(1) (c)? Answer: The Florida Building Commission has no authority to address this question. It is a local matter.

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