Unless otherwise provided for by statute or the NFPA, the following terms shall, for the purpose of these rules, have the meanings indicated in this rule:
    (1) “”Approved”” means accepted by the authority having jurisdiction upon evaluation of compliance with appropriate standards for the product or procedure in question, or by reason of testing, and listing by an approved nationally recognized testing laboratory.
    (2) “”Final Administrative Interpreting Authority”” means the State Fire Marshal regarding uniform fire safety standards. The State Fire Marshal’s interpretation regarding uniform fire safety standards shall be final agency action.
    (3) “”Local Authority Having Jurisdiction”” shall mean any personnel acting under the authority of sections 633.118 and 633.108, F.S., as agents of their respective jurisdictions.
    (4) “”NFPA”” is the abbreviation for the National Fire Protection Association.
    (5) “”Occupancy”” shall mean the purpose for which a building or portion thereof is used or intended to be used.
    (6) “”Owner”” includes his duly authorized agent or attorney, a purchaser, devisee or fiduciary, and also means a person having a vested or contingent interest in the property in question.
    (7) “”State Uniform Firesafety Standards”” means the Rules of the State Fire Marshal as set out in title 69A, F.A.C., and includes all standards referenced and adopted therein.
    (8) “”U. L., Inc.”” means Underwriter’s Laboratories, Incorporated.
    (9) “”Nationally recognized testing laboratory”” (as used herein or in any rule of the Division of State Fire Marshal or in chapter 633, F.S.) means a facility which:
    (a) Is regularly engaged in the examination, testing and evaluation of the type of product, equipment or material required to be tested under the applicable statute or rule;
    (b) Has established test standards with regard to the type of product, equipment or material required to be tested;
    (c) Has an established program for periodic inspection of factory production procedure, including quality control; and,
    (d) Operates independently of control or influence by producers, suppliers, or vendors of the product, equipment or material being tested under the applicable statute or rule.
    (10) “”Building and premises”” is the structure or edifice enclosing a space within its walls and usually, but not necessarily, covered with a roof and the land surrounding the structure or edifice.
    (11) “”Division”” means the Division of State Fire Marshal of the Department of Financial Services.
    (12)(a) “”State-owned building,”” as used in chapter 633, F.S., and any rule adopted by the State Fire Marshal, except as provided in paragraph (12)(b), means any structure used or intended for supporting or sheltering any use or occupancy of which the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the record owner of the legal title to such structure.
    (b) “”State-owned building”” does not mean or include a pole barn, a picnic shelter, a lift station, an animal pen, an animal feeder, a pump house, a one-family private residence, a two-family private residence, a forestry fire tower or other fire tower, a radio tower, a building no longer in use, an empty building, or a greenhouse.
    (c) Notwithstanding paragraph (12)(b), the State Fire Marshal may inspect any state-owned structure excluded from the definition of state-owned building by paragraph (b), of this subsection, if the State Fire Marshal has reasonable cause to believe that a violation of chapter 633 and Florida Statutes § 509.215, the rules of the State Fire Marshal, or the Florida Fire Prevention Code, may exist.
    (13) “”State-leased”” means that the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the lessee which is leasing the building or space from a lessor.
Rulemaking Authority 633.104(1), 633.206, 633.306(1)(b) FS. Law Implemented 633.104, 633.206, 633.306(2), 633.314(2) FS. History-New 9-16-65, Amended 10-18-67, 9-9-81, Formerly 4A-3.09, Amended 5-14-86, 2-12-87, 4-8-90, 11-27-01, Formerly 4A-3.009.