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:
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
(850) 413-3629
(850) 414-6119 Fax