Gregory J. Cahanin Fire & Code Consulting 727-896-7719

CHAPTER 69A-60

THE FLORIDA FIRE PREVENTION CODE

69A-60.001          Title.

69A-60.002          Scope; Description of Florida Fire Prevention Code.

69A-60.003          Standards of the National Fire Protection Association, NFPA 1, the Uniform Fire Code, Florida

                                2006 Edition, Adopted.

69A-60.004          Standards of the National Fire Protection Association, NFPA 101, the Life Safety Code, Florida

                                2006 Edition, Adopted.

69A-60.005          Publications Referenced in NFPA 1, the Florida 2006 Edition, and NFPA 101, the Florida 2006

                                Edition, Added to the Florida Fire Prevention Code.

69A-60.006          Manufactured and Prototype Buildings.

69A-60.007          Enforcement of the Florida Fire Prevention Code.

69A-60.008          Exceptions Applicable to Broward County. (Repealed)

69A-60.011          Non-Binding Interpretations of the Florida Fire Prevention Code.

69A-60.012          Purpose, Criteria and Procedures for Designation as an Approved Nationally Recognized Testing Laboratory in Florida for Firesafety Purposes.

69A-60.001 Title.

This rule chapter shall be known, and may be cited, as the Florida Fire Prevention Code.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.001.

69A-60.002 Scope; Description of Florida Fire Prevention Code.

(1) The Florida Fire Prevention Code is the minimum fire prevention code deemed adopted by each municipality, county, and special district with firesafety responsibilities, and applies to every building and structure throughout the state, except:

(a) Buildings and structures subject to the uniform firesafety standards adopted under Section 633.022, F.S., and

(b) Buildings and structures subject to the minimum firesafety standards adopted pursuant to Section 394.879, F.S.

(2) Municipalities, counties, and special districts with firesafety responsibilities may supplement the Florida Fire Prevention Code adopted by this rule, with more stringent standards adopted in accordance with Section 633.025, F.S. Such standards shall be effective until repealed by the adopting municipality, county or special district if the requirements of Section 633.0215(10), F.S., were met; in all other cases, the standards shall expire following the adoption of the triennial amendment to this rule, unless adopted by the amendment into the Code.

(3)(a) The Florida Fire Prevention Code consists of:

1. National Fire Protection Association (NFPA) 1, the Uniform Fire Code, Florida 2006 edition, as adopted in Rule 69A-60.003, F.A.C.,

2. NFPA 101, the Life Safety Code, Florida 2006 edition, as adopted and incorporated in Rule 69A-60.004, F.A.C., and their additions, deletions, and other modifications to NFPA 1 and NFPA 101, Florida 2006 editions, as provided therein, and

3. All codes, standards, publications, and authorities adopted in Rule 69A-60.005, F.A.C.

(b) The Florida Fire Prevention Code also consists of all rule chapters adopted pursuant to the authority of Section 633.022, F.S., and referred to as “uniform rules,” or “rules for uniform buildings or structures,” to-wit, rule chapters:

1. Chapter 69A-3, F.A.C., Fire Prevention, General Provisions;

2. Chapter 69A-36, F.A.C., Uniform Fire Safety Standards for Child Care Facilities;

3. Chapter 69A-38, F.A.C., Uniform Fire Safety Standards for Residential Facilities for Individuals With Developmental Disabilities;

4. Chapter 69A-40, F.A.C., Uniform Fire Safety Standards for Assisted Living Facilities;

5. Chapter 69A-41, F.A.C., Uniform Fire Safety Standards for Residential Child Care Facilities;

6. Chapter 69A-42, F.A.C., Uniform Fire Safety Standards for Mobile Home Parks and Recreational Vehicle Parks;

7. Chapter 69A-43, F.A.C., Uniform Fire Safety Standards for Transient Public Lodging Establishments;

8. Chapter 69A-44, F.A.C., Minimum Fire Safety Standards for Residential Alcohol and Drug Abuse Treatment and Prevention Programs, Mental Health Residential Treatment Facilities and Crisis Stabilization Units;

9. Chapter 69A-47, F.A.C., Uniform Fire Safety Standards for Elevators;

10. Chapter 69A-49, F.A.C., Uniform Fire Safety Standards for Self-Service Gasoline Stations;

11. Chapter 69A-53, F.A.C., Uniform Fire Safety Standards for Hospitals and Nursing Homes;

12. Chapter 69A-54, F.A.C., Uniform Fire Safety Standards for Correctional Facilities;

13. Chapter 69A-55, F.A.C., Uniform Fire Safety Standards for Public Food Service Establishments;

14. Chapter 69A-56, F.A.C., Uniform Fire Safety Standards for Migrant Labor Camps;

15. Chapter 69A-57, F.A.C., Uniform Fire Safety Standards for Adult Family Care Homes; and

16. Chapter 69A-58, F.A.C., Uniform Fire Safety Standards for Educational Facilities.

(c) In the event of a conflict between any provision of this rule chapter other than this rule section and the rules cited in paragraph (b), subparagraphs 1. through 16., the rules cited in paragraph (b), subparagraphs 1. through 16. prevail; however, the rules in this rule chapter are not in addition to, nor are they supplemental to, the rule chapters cited in paragraph (b), subparagraphs 1. through 16. Each rule chapter cited in paragraph (b), subparagraphs 1. through 16. contain the complete rules for the subjects covered in those rule chapters.

(d) In the event of a conflict between any provision of this rule chapter and Rule Chapter 69A-58, F.A.C., this rule chapter prevails. The rules in this rule chapter are in addition to, and supplemental to, the rules in Rule Chapter 69A-58, F.A.C.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.002, Amended 11-28-04, 5-18-08.

69A-60.003 Standards of the National Fire Protection Association, NFPA 1, the Uniform Fire Code, Florida 2006 Edition, Adopted.

(1) NFPA 1, the Uniform Fire Code, Florida 2006 edition, is hereby adopted and incorporated herein by reference and shall take effect on the effective date of this rule as a part of the Florida Fire Prevention Code.

(2)(a) NFPA 1, Florida 2006 edition may be purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(b) All codes, standards, publications, and authorities adopted and incorporated by reference in this rule chapter are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303 and may be accessed in a read-only, non-printable, non-downloadable format at the Division of State Fire Marshal website whose address is http://www.fldfs.com/SFM/.

(c) NFPA 1, Florida 2006 edition, may also be purchased at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 34482.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.003, Amended 11-28-04, 5-18-08.

69A-60.004 Standards of the National Fire Protection Association, NFPA 101, the Life Safety Code, Florida 2006 Edition, Adopted.

(1) NFPA 101, the Life Safety Code, Florida 2006 edition, is hereby adopted and incorporated herein by reference and shall take effect on the effective date of this rule as a part of the Florida Fire Prevention Code.

(2)(a) NFPA 101, Florida 2006 edition may be purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(b) All codes, standards, publications, and authorities adopted and incorporated by reference in this rule chapter are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303 and may be accessed in a read-only, non-printable, non-downloadable format at the Division of State Fire Marshal website whose address is http://www.fldfs.com/SFM/.

(c) NFPA 101, Florida 2006 edition, may also be purchased at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 34482.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.004, Amended 11-28-04, 7-12-06, 5-18-08.

69A-60.005 Publications Referenced in NFPA 1, the Florida 2006 Edition, and NFPA 101, the Florida 2006 Edition, Added to the Florida Fire Prevention Code.

(1) For purposes of this rule chapter, the following definitions apply:

(a) ANSI means the American National Standards Institute.

(b) ASME means the American Society of Mechanical Engineers.

(c) ASTM means the American Society for Testing and Materials.

(d) BHMA means the Builders Hardware Manufacturers Association.

(e) ICC means the International Code Counsel, American National Standard Accessible and Usable Buildings and Facilities.

(f) UL means Underwriters Laboratories, Inc.

(2) The following publications are hereby adopted and incorporated by reference herein and added to the Florida Fire Prevention Code and shall take effect on the effective date of this rule:

Such portions of “The United States Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,” which pertain to meeting firesafety requirements without destroying the historical aspects of the building

SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, Society of Fire Protection Engineers, Bethesda, Maryland 2000 edition

The portions of ANSI A14.3-2002, Safety Code for Fixed Ladders, which pertain to fire escape ladders and which may be obtained at American National Standards Institute, 11 West 42nd Street, New York, NY 10036

Chapter 4, Accessible Routes, ICC/ANSI A117.1-1998, which may be obtained at American National Standard for Accessible and Usable Buildings and Facilities, American National Standards Institute, 11 West 42nd Street, New York, NY 10036

The portions of ANSI A1264.1-1995, Safety Requirements for Workplace Floor and Wall Openings, Stairs and Railing Systems, which pertain to fire escape ladders and which may be obtained at American National Standards Institute, 11 West 42nd Street, New York, NY 10036

ANSI/UL 2079, 1998 edition, Test of Fire Resistance of Building Joint Systems, which may be obtained at Underwriters Laboratories Inc., 333 Pfingsten Rd., Northbrook, IL 60062

The portions of ASME/ANSI A17.1-2000, Safety Code for Elevators and Escalators, which may be obtained at American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016-5990

The portions of ASME/ANSI A17.3-2002, Safety Code for Existing Elevators and Escalators, which may be obtained at American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016-5990

ASTM D 2898,-94, (Reapproved 1999), Test Method for Accelerated Weathering of Fire Retardant-Treated Wood for Fire Testing, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM E 136-1999, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750°C, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM E 1537, 2001 edition, Standard Test Method for Fire Testing of Upholstered Furniture, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM E 1590-01, Standard Test Method for Fire Testing of Mattresses, American Society for Testing and Materials, which may be obtained at 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM E 1591-00, Standard Guide for Obtaining Data for Deterministic Fire Models, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959

ASTM F 851-1987 (Reapproved 1991), Standard Test Method for Self-Rising Seat Mechanisms, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, but only to the extent referenced in Subdivision 12.2.5.5.1 and 12.2.5.5.2 of NFPA 101, 2000 edition

ANSI/BHMA A-156.19-2002, American National Standard for Power Assist and Low Energy Power Operated Doors, which may be obtained at Buildings Hardware Manufacturers Association, 355 Lexington Avenue, 17th Floor, New York, NY 10017-6603

16 Code of Federal Regulations, Part 1632 which may be obtained by contacting the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342

UL 924, Standard for Safety Emergency Lighting and Power Equipment, Underwriters Laboratories, Inc., which may be obtained at 333 Pfingsten Rd., Northbrook, IL 60062

UL 1975, Standard for Fire Tests for Foamed Plastics Used for Decorative Purposes, Underwriters Laboratories, Inc., which may be obtained at 333 Pfingsten Rd., Northbrook, IL 60062

(3) The codes and standards published by the National Fire Protection Association and the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(4) The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be obtained by writing the Florida Department of State, Division of Historical Resources, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(5) Only the codes, standards, publications, or other references adopted in this chapter are enforceable as part of the Florida Fire Prevention Code. Any code, standard, publication or other reference not adopted in this chapter is not a part of the Florida Fire Prevention Code and may only be enforced by a local government if it has been adopted as a local amendment of the local government pursuant to Section 633.0215(2), 633.0215(10), or 633.025(4), F.S.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.005, Amended 11-28-04, 5-18-08.

69A-60.006 Manufactured and Prototype Buildings.

(1) Definitions. For purposes of this rule, the following definitions apply:

(a) “Manufacture” means the process of making, modifying, fabricating, constructing, forming or assembling or reassembling a product from raw, unfinished, semifinished, or finished materials.

(b) “Manufactured building” means a closed structure, building, assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage, and industrial structures. For purposes of this section, “manufactured building” includes “prototype building” as defined in this subsection.

(c) “Manufacturer” means any person who, or entity which, has been certified by the Department of Community Affairs to produce, modify, or produce and modify, a manufactured building for placement in, or which has been ultimately placed in, the State of Florida.

(d) “Prototype building” means a building constructed in accordance with architectural or engineering plans intended for replication on various sites and which will be updated to comply with the Florida Building Code and applicable laws relating to firesafety, health and sanitation, casualty safety, and requirements for persons with disabilities which are in effect at the time a construction contract is to be awarded.

(2) With respect to inspections of manufactured buildings, each manufacturer of manufactured buildings is permitted to, at its option:

(a) Contract with any person currently certified as a firesafety inspector under Section 633.081, F.S., from a list to be provided by the Department; or

(b) Provide for one (1) or more of its employees to become certified under Chapter 69A-39, F.A.C.

(3) Each manufacturer shall notify the Department of the option that it has chosen prior to having any firesafety inspection performed on a manufactured building.

(4)(a) The Manufacturer’s Modular Data Plate shall state that the manufactured building is, or is not, in compliance with Chapter 633, F.S., and the rules of the Department.

(b) If the Manufacturer’s Modular Data Plate indicates that the building is in compliance with Chapter 633, F.S., and the rules of the Department, the local fire official shall recognize and approve such manufactured building. Nothing in this section prevents or prohibits a fire official from conducting performance tests of life safety systems.

(c) If the Manufacturer’s Modular Data Plate indicates that the building is not in compliance with Chapter 633, F.S., and the rules of the Department, the local firesafety inspector shall have the authority to conduct such firesafety inspections and to require such modifications as necessary to bring the building into compliance with Chapter 633, F.S., and the rules of the Department.

(d) Nothing contained herein shall restrict the local fire official from approving the site conditions for such matters as fire department access, water supplies, and the exit discharge from the manufactured building; however, this section relating to manufactured buildings is not subject to any local amendment.

(e) Paragraphs (a) through (d) do not apply to factory built school buildings. Each master plan for the factory built school buildings to be built according to such plan shall be reviewed by a firesafety inspector certified pursuant to Section 633.081(2), F.S., conducting an inspection pursuant to Section 633.081(1) or 235.06, F.S., who shall note or cause to be noted on the face of the plans the following:

1. Whether buildings manufactured in conformance with those plans require inspection in the factory and the items subject to inspection; and,

2. Identification of any item that is not indicated on the plans to be installed at the factory, but which is required to be installed pursuant to the Florida Fire Prevention Code, if any. Installation of such item shall be subject to inspection by the local fire official after installation.

(f) No factory built school building shall be occupied, used, or have an insignia of the Department of Community Affairs attached until such building has been inspected after installation by the local fire official and found to be in compliance with the Florida Fire Prevention Code. The local fire official shall notify the local building official when the factory built school has been inspected after installation and has been found to be in compliance with the Florida Fire Prevention Code.

(5) After the manufacturer has fully complied with at least one (1) option in subsection (2), the Department shall advise the Department of Community Affairs of such compliance which shall constitute notice that the manufacturer is in compliance with the firesafety inspection requirements of the Florida Fire Prevention Code, or the applicable uniform code, and that firesafety inspections are being completed by certified firesafety inspectors.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Amended 9-8-02, Formerly 4A-60.006, Repromulgated 11-28-04.

69A-60.007 Enforcement of the Florida Fire Prevention Code.

(1) Section 633.025, F.S., provides that each municipality, county, and special district with firesafety responsibilities is required to enforce the Florida Fire Prevention Code. Such enforcement requires inspection of each new building subject to the Florida Fire Prevention Code and includes periodic inspections of each existing building subject to the Florida Fire Prevention Code.

(2) The Florida Fire Prevention Code contains several provisions and requirements that may interrelate with the Florida Building Code. It is not the intent of the Florida Fire Prevention Code that such interrelation result in duplicate reviews and inspections by either the firesafety official or the building official. The authority having jurisdiction over firesafety is responsible for enforcement of the Florida Fire Prevention Code hereof and should discharge its obligation in a manner that does not expose those regulated to unnecessary or unnecessarily expensive duplication of effort. To that end, the authority having jurisdiction over firesafety is directed to clearly delineate responsibility for enforcement of the Florida Fire Prevention Code hereof, and, in the event that a dispute arises regarding the enforcement of the Florida Fire Prevention Code as related to the enforcement of the Florida Building Code, the authority having jurisdiction over firesafety shall resolve the dispute by the procedures set forth in Chapter 633 and Chapter 553, F.S., as required by Section 633.01, F.S.

(3) If deemed necessary by a fire official for a complete, accurate, and thorough firesafety plans review or inspection, the fire official may request assistance from a building, electrical, plumbing, or similar specialty inspector; however, nothing in this rule gives authority or jurisdiction to any person other than a firesafety inspector certified under Section 633.081, F.S., to perform firesafety inspections required by law, rule, ordinance, or code.

(4)(a) Section 633.01, F.S., provides that it is the intent of the legislature that there be no conflicts in the interpretation and enforcement of the Florida Fire Prevention Code and the Florida Building Code.

(b) In the event of a conflict between the Florida Fire Prevention Code and the Florida Building Code, the procedures set forth in Chapter 553, F.S., and specifically either

1. Paragraph (d) of subsection (1) of Section 553.73, F.S., relating to conflicts in general to be resolved through mediation, or

2. Paragraphs (a) through (f) of subsection (9) of Section 553.73, F.S., relating to conflicts in the application of the Florida Fire Prevention Code and the Florida Building Code to a specific project, as applicable, shall be followed.

(5)(a) Section 633.01, F.S., provides that the State Fire Marshal may issue, and if requested in writing by a substantially affected person or by a local enforcing agency, i.e., an authority having jurisdiction, the State Fire Marshal shall issue declaratory statements to interpret the Florida Fire Prevention Code.

(b) To request an interpretation of the Florida Fire Prevention Code from the State Fire Marshal through a declaratory statement, a person who is not an authority having jurisdiction must proceed through the local appeal process and receive an adverse ruling from the local appeals board. A person does not become a substantially affected person until such person receives an adverse ruling after having completed the local appeal process because the local interpretation with which the person disagrees, if challenged, cannot be enforced until after having been upheld in the local appeal process.

(c) If the person who is not an authority having jurisdiction receives an adverse ruling after proceeding through the local appeal process, such person then becomes a substantially affected person within the meaning of Section 633.01, F.S., and may at that time petition for a declaratory statement from the State Fire Marshal.

(d) Any petition for declaratory statement that has been received by the State Fire Marshal from a person who is not an authority having jurisdiction and who has not proceeded through the local appeal process shall be dismissed, without prejudice to re-bring the petition after such person has received an adverse ruling through the local appeal process.

(e) An authority having jurisdiction may request a declaratory statement from the State Fire Marshal at any time, regardless of whether the interpretation of the authority having jurisdiction has been challenged; however, an authority having jurisdiction must, in compliance with Section 120.565, F.S., be presented with an actual particular set of circumstances prior to petitioning for a declaratory statement. Declaratory statements are not issued on a hypothetical set of facts if the authority having jurisdiction or any other substantially affected person is not presented with an actual particular set of circumstances.

(f)1. A petition for a declaratory statement is not required to be in any particular form; however, each petition must comply fully with Section 120.565, F.S., and Chapter 28-105, F.A.C.

2. Although there is no requirement that a petition be in any particular form, a form exists on the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/ which, if used, complies in all respects with the requirements of the law and will assist the division in expediting the proceedings.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.007, Amended 11-28-04.

69A-60.011 Non-Binding Interpretations of the Florida Fire Prevention Code.

(1) Definitions. For purposes of this rule section:

(a) “Code” means the Florida Fire Prevention Code.

(b) “State Fire Marshal” or “Division” means the Chief Financial Officer of the State of Florida acting as State Fire Marshal, or the Division of State Fire Marshal, as the context requires.

(c) “Organization” means the entity with which the State Fire Marshal enters into a contract to provide administrative services to facilitate the provision of informal, non-binding interpretations of the Code as described in Section 633.026, F.S.

(d) “Fire Code Interpretations Committee,” or “FCIC,” means the committee established to provide informal interpretations of the Florida Fire Prevention Code.

(2) Procedures. The following procedures apply to the organization and to the FCIC.

(a) The FCIC shall consist of seven members, each representing one of the seven emergency management regions in the State. Each member shall be a firesafety inspector certified in accordance with Section 633.081(2), F.S. There shall be one alternate for each FCIC member. Each alternate must be a certified firesafety inspector from the same emergency management region as the FCIC member. Each member and each alternate shall have, at a minimum, five years of experience in performing firesafety inspections as a certified firesafety inspector. The seven emergency management regions of the State are described as follows:

1. Emergency Management Region 1 Counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Jackson, Washington, Bay, Gulf, and Calhoun;

2. Emergency Management Region 2 Counties: Gadsden, Liberty, Leon, Franklin, Wakulla, Taylor, Jefferson, Madison, Lafayette, Hamilton, Suwannee, Columbia, and Dixie;

3. Emergency Management Region 3 Counties: Nassau, Duval, Clay, St. Johns, Flagler, Putnam, Bradford, Union, Baker, Levy, Alachua, and Gilchrist;

4. Emergency Management Region 4 Counties: Citrus, Hernando, Pasco, Pinellas, Hillsborough, Polk, and Manatee;

5. Emergency Management Region 5 Counties: Marion, Sumter, Lake, Orange, Seminole, Osceola, Brevard, and Volusia;

6. Emergency Management Region 6 Counties: Hardee, Sarasota, Desoto, Charlotte, Glades, Highland, Okeechobee, Hendry, Lee, and Collier;

7. Emergency Management Region 7 Counties: Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and Indian River.

(b) At least annually, the Organization shall provide to the Division a list of all certified firesafety inspectors and alternates, who are currently serving on the FCIC, with attendant documentation establishing that these individuals possess at least five years of experience in performing firesafety inspections as a certified firesafety inspector.

(c) Each person serving on the FCIC must have on file with the Division Form DFS-K3-1673, (rev. 01/06), “Member Application for Fire Code Interpretations Committee,” adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm. The first seven applications received from individuals that meet the geographic and experience requirements shall be appointed as members. The next seven applications received from individuals that meet the geographic and experience requirements shall be appointed alternate members. Applications to serve on the Committee may be submitted at any time and will be kept on file to fill vacancies as they occur. When a vacancy occurs, the existing alternate will be appointed to serve in the vacant seat.  An alternate will be chosen for the seat in the same manner as the original member was chosen.

(d) The name of each person to serve on the FCIC must be on file with the Division at least thirty (30) days before that person is permitted to voice an opinion or cast a vote as a member of the FCIC on a request for a non-binding interpretation.

(e) Requests for non-binding interpretations of the Code shall be submitted to the Division in accordance with this rule with a fee of $110.00.

1. Each request shall cite the specific code and the code section referenced in the question.

2. The question shall be asked in a format that can be answered with a “Yes” or a “No” response.

3. The question must be limited to the application of a single Code section.

4. Any additional question shall be made as a separate request.

(f) The Organization, through its designated representative or representatives, shall review each request for an informal interpretation.

1. If the request for informal interpretation does not qualify for consideration by the FCIC, the Organization shall so advise the requestor, giving the reason or reasons why it does not qualify for consideration, and shall take no further action.

2. If the request for informal interpretation is proper, the Organization shall assign it to the FCIC.

3. If the FCIC deems it appropriate or necessary, it is permitted to initiate a review process which solicits comments for development of a response.

(g) The FCIC is not permitted to consider any comment unless the comment includes the name, employer (if any), and contact information of the submitter. Anonymous comments shall not be presented to or considered by the FCIC.

(h) The FCIC shall prepare a response that is the result of a vote of at least a majority of the persons on the FCIC.

(i) Each person on the FCIC that reviews a request must be identified in the response.

(j) A copy of all documentation received or produced in conjunction with any informal interpretation shall be retained in accordance with the contract between the State Fire Marshal and the Organization.

(k) A meeting shall be held to consider the request at the behest of at least two FCIC members. The meeting may be conducted in person or electronically.

(l)1. Each member participating in an informal interpretation shall submit his or her individual response to the organization within five (5) calendar days of the Organization having received the written request, and the fee of $110.00. The Organization should forward the majority FCIC response, either “Yes” or “No”, without comment or amendment to the requestor via electronic transmission or regular mail within four (4) calendar days of receipt of the majority responses from the individual FCIC members. In no event shall the FCIC response be sent later than thirty (30) days from the date the Organization receives the request for informal interpretation.

2. The Organization shall send an electronic copy of each final FCIC response to the Division of State Fire Marshal at the email address in the contract.

(m) Each final FCIC response, together with the written request, shall be posted on the Organization’s website.

(n) Each response is nonbinding, and constitutes the opinion of the FCIC rendering the opinion, and not the opinion of the Department, the State Fire Marshal, or the Organization.

(3)(a) No person serving on the FCIC is permitted to participate in the consideration of any matter involving such person’s own jurisdiction, if he or she is the firesafety inspector for that jurisdiction whose duties by statute, rule, ordinance, or code require or permit him or her to inspect any building or structure which is the subject of the request to the FCIC, or if that person has provided input on the matter for the building or structure that is the subject of the request.

(b) Each person serving on the FCIC shall serve at the pleasure of the State Fire Marshal, and may be removed without cause.

Specific Authority 633.01, 633.026 FS. Law Implemented 633.026 FS. History–New 4-26-07.

69A-60.012 Purpose, Criteria and Procedures for Designation as an Approved Nationally Recognized Testing Laboratory in Florida for Firesafety Purposes.

(1) The purpose of this rule is to determine whether a laboratory is nationally recognized in accordance with the following provision:

(a) Section 633.065, F.S., pertaining to fire suppression equipment;

(b) Section 633.071, F.S., pertaining to fire extinguishers;

(c) Section 633.083, F.S., pertaining to certain types of fire extinguishers;

(d) Section 633.539, F.S., pertaining to fire protection systems, and

(e) Section 633.701, F.S., pertaining to alarm systems,

(2) Criteria for Determination of Designation.

(a) Documentation that the applicant is designated as a Nationally Recognized Testing Laboratory by the U.S. Department of Labor, and the purpose or purposes for which it was recognized; or, in the alternative,

(b) Documentation that the applicant is eligible for recognition as a Nationally Recognized Testing Laboratory by the U.S. Department of Labor, and the purpose or purposes for which Florida designation is sought in accordance with subsection (1) above.

(3) Application Procedure. 

(a) An applicant that is currently recognized by the United States Department of Labor as a Nationally Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS-K3-1791 (effective 9/12/07), “Application for Recognition as Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm. 

(b) An applicant that is not currently recognized by the United States Department of Labor as a Nationally Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS-K3-1792 (effective 9/12/07), “Application for Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm, and shall include all of the information and material requested thereon. 

(c) The Division of State Fire Marshal shall review the application for completeness and request additional information that was either not provided or is necessary to make a determination. 

(d) When the application is deemed complete, the Division of State Fire Marshal shall either approve or deny the application.

(e) If the application is approved, the Division of State Fire Marshal shall issue a certificate to the applicant evidencing its designation as a Nationally Recognized Testing Laboratory qualified in Florida, and the purposes to which the designation is limited.  The designation may be for any of the purposes set forth in subsection (1) above, as approved by the Division of State Fire Marshal, but only for those purposes.

(f) If the application is denied, the applicant shall be notified in writing, together with the reasons for denial and rights under Chapter 120, F.S.

(g) An application that is approved in part but denied for one or more requested purposes shall be treated procedurally as a denied application.

(4) Material Changes. Any testing laboratory designated in Florida as “nationally recognized” for one or more of the purposes in the statutes listed in subsection (1) above:

(a) Will be subject to ongoing verification that it continues to meet the Florida designation criteria, and

(b) Shall notify the Division of State Fire Marshal within 30 days of the occurrence of any of the following:

1. A change in the company name or the company address;

2. A change in any major test equipment;

3. The establishment of a new branch office or facility at which items are to be tested;

4. A change in principal officers, key supervisory personnel or key testing personnel in the company.

Specific Authority 633.065, 633.071, 633.083, 633.539, 633.701 FS. Law Implemented 633.065, 633.071, 633.083, 633.539, 633.701 FS. History–New 8-20-07.