Florida Regulations 69A-38.021: Discretionary Powers of the Authority Having Jurisdiction
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The authority having jurisdiction may modify these rules under the following conditions:
(1) The provisions of NFPA 101A, “”Guide on Alternative Approaches to Life Safety,”” as referenced in Fl. Admin. Code R. 69A-3.012, shall be considered acceptable as an alternative method.
(2) Alternatives and equivalency shall be documented and such documents shall be provided to the authority having jurisdiction and the property owner. Such documentation shall meet the requirements of Section 1-4 of NFPA-101 edition as adopted in Fl. Admin. Code R. 69A-3.012
(a) When alternatives/equivalencies are used a list of those fire code issues modified, identified and/or considered in the alternative/equivalency process shall be furnished to the authority having jurisdiction.
(b) If NFPA 101A, is used to establish equivalency then the evaluation documentation shall be provided to the property owner and the authority having jurisdiction.
(c) A brief statement describing the alternative/equivalency concepts used and the results of these concepts with respect to fire code conditions that may not literally comply with required codes shall be furnished to the authority having jurisdiction.
(3) Alternative or equivalency determinations of existing facilities shall be considered during subsequent inspections for fire safety. If in the opinion of the authority having jurisdiction, the previous determinations are no longer applicable, then additional fire code requirements may be imposed. A brief statement describing the fire code requirements in light of previous alternative and equivalency determinations shall be provided.
(4) This section in no way should be considered to limit the authority having jurisdiction in granting or denying alternative/equivalency procedures or methodologies.
Rulemaking Authority Florida Statutes § 633.104(1). Law Implemented 633.104(1), 633.206(1)(b) FS. History-New 10-30-90, Amended 7-11-01, Formerly 4A-38.021, Amended 7-30-07.
Terms Used In Florida Regulations 69A-38.021
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Alternatives and equivalency shall be documented and such documents shall be provided to the authority having jurisdiction and the property owner. Such documentation shall meet the requirements of Section 1-4 of NFPA-101 edition as adopted in Fl. Admin. Code R. 69A-3.012
(a) When alternatives/equivalencies are used a list of those fire code issues modified, identified and/or considered in the alternative/equivalency process shall be furnished to the authority having jurisdiction.
(b) If NFPA 101A, is used to establish equivalency then the evaluation documentation shall be provided to the property owner and the authority having jurisdiction.
(c) A brief statement describing the alternative/equivalency concepts used and the results of these concepts with respect to fire code conditions that may not literally comply with required codes shall be furnished to the authority having jurisdiction.
(3) Alternative or equivalency determinations of existing facilities shall be considered during subsequent inspections for fire safety. If in the opinion of the authority having jurisdiction, the previous determinations are no longer applicable, then additional fire code requirements may be imposed. A brief statement describing the fire code requirements in light of previous alternative and equivalency determinations shall be provided.
(4) This section in no way should be considered to limit the authority having jurisdiction in granting or denying alternative/equivalency procedures or methodologies.
Rulemaking Authority Florida Statutes § 633.104(1). Law Implemented 633.104(1), 633.206(1)(b) FS. History-New 10-30-90, Amended 7-11-01, Formerly 4A-38.021, Amended 7-30-07.