11/19/2013AP - Laserfiche WebLink

Home Browse Search

The consolidated system has worked very well for many years. With respect to fire safety, the District has appointed a Fire Chief(John King) and a Fire Marshal (Dale Justice) whose primary responsibilities are set forth in Chapter 633,Florida Statutes(entitled"Fire Prevention and Control") and in Chapter 69A-60,Florida Administrative Code(entitled"The Florida Fire Prevention Code"). Under this system of a consolidated District,the municipalities have no responsibility or authority with respect to such matters; responsibility and authority rests solely with the District. In 2009, however, the City of Fellsmere began a course of action which, in the opinion of the Fire Chief and the Fire Marshal, has undermined the concept of a single, unified and consolidated District, and has prevented the Emergency Services District from performing its fire safety-related responsibilities within the City of Fellsmere. Specifically, on October 1, 2009, the Fellsmere City Council enacted Ordinance 2009-17, which established the Fellsmere Fire Marshal's Office. The duties of the Fire Marshal's Office were subsequently changed in 2012 with the enactment of Ordinance 2012-10. Currently, the duties include(a)general responsibility within Fellsmere for"the issuance of permits,certificates,notices, approvals and/or orders pertaining to life safety, fire control and fire hazards" as provided for in Chapter 633, Florida Statutes, and Chapter 69A-60, Florida Administrative Code, and(b) specific authority within Fellsmere to review and approve/reject all plans and specifications for new occupancies,building renovations or additions, installation of fire protection or detection systems, fire and life safety related installations, site plans and subdivisions—all with respect to compliance with Chapter 633 and Chapter 69A-60. As a result of these ordinances, the Emergency Services District has been eliminated from the fire safety plans review and installation inspection process in Fellsmere. The Fellsmere Fire Marshal is approving plans and installations which are, in the opinion of the Fire Chief and Fire Marshal, responsibilities which fall squarely within the sole jurisdiction and authority of the Emergency Services District. Importantly,these are not insignificant or trivial matters;these are matters which relate directly to human safety and protection of property. The Fire Chief and Fire Marshal have consulted with the County Attorney on the legal issues involved in this matter. The County Attorney has opined that the establishment of the Fellsmere Fire Marshal appears to be contrary to the combined effect of the consolidated system which Fellsmere agreed to in 1990, and voters approved in 1991, and the state law applicable as a result of that consolidation. Specifically,pursuant to Section 633.118, Florida Statutes, "[t]he chiefs of county, municipal,and special-district fire service providers;other fire service provider personnel designated by their respective chiefs; and personnel designated by local governments having no organized fire service providers are authorized to enforce this chapter and all rules prescribed by the State Fire Marshal within their respective jurisdictions." Pursuant to this section of the Florida Statutes, the District staff and the County Attorney's Office believe that the City of Fellsmere does not have the authority to perform permit and plan review functions. 154