OFFICE OF FIRE CODE v. FLORIDA DFS

• Decision Date: 31 March 2004
• Docket Number: No. 2D03-1869.,2D03-1869.
• Citation: 869 So.2d 1233
• Parties: OFFICE OF FIRE CODE OFFICIAL OF COLLIER COUNTY FIRE CONTROL AND RESCUE DISTRICTS, Appellant, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES and District School Board of Collier County, Appellees.
• Court: Florida District Court of Appeals

869 So.2d 1233

OFFICE OF FIRE CODE OFFICIAL OF COLLIER COUNTY FIRE CONTROL AND RESCUE DISTRICTS, Appellant, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES and District School Board of Collier County, Appellees.

No. 2D03-1869.

District Court of Appeal of Florida, Second District.

March 31, 2004.

Melville G. Brinson, III, Smoot Adams Edwards Doragh & Brinson, P.A., Fort Myers, for Appellant.

Gabriel Mazzeo, Tallahassee, for Appellee Department of Financial Services.

Jon D. Fishbane and Ashley D. Lupo of Roetzel & Andress, Naples, for Appellee District School Board of Collier County.

CANADY, Judge.

The Office of the Fire Code Official of Collier County (FCO) appeals an order of the Department of Financial Services (DFS) dismissing a petition for declaratory statement concerning firesafety inspection requirements for new educational facilities. Because the DFS erred in concluding that it has no jurisdiction with respect to firesafety inspection requirements for new educational facilities, we reverse the order dismissing the petition for declaratory statement.

I. BACKGROUND

This case turns on the proper interpretation of several statutory provisions in chapter 633 (Fire Prevention and Control) and chapter 1013 (Educational Facilities), Florida Statutes (2003), relating to firesafety standards for educational facilities. The DFS determined that the "proper agenc[ies] to render a declaratory statement on new construction of educational and ancillary plants and facilities are the local [school] boards or the Department of Education." The District School Board of Collier County supports the DFS's position. The FCO argues that the statutes should be understood as giving the DFS jurisdiction over firesafety requirements for new educational facilities. The parties all agree that the DFS has jurisdiction with respect to firesafety requirements for existing educational facilities. The dispute relates solely to authority regarding new educational facilities. In brief, the FCO relies on the pertinent provisions of chapter 633 (Fire Prevention and Control), while the DFS relies on certain provisions of chapter 1013 (Educational Facilities). The DFS's position that it has no regulatory authority with respect to inspections of new educational facilities is reflected in rules it has adopted governing firesafety inspections for educational facilities. See Fla. Admin. Code R. 69A-58.004(2)(d) (providing that rules for inspection of educational facilities "[a]re not applicable to new construction or new buildings") (formerly 4A-58.004(2)(d)).

II. ANALYSIS

Various provisions of chapter 633 are pertinent to the issue before us. We conclude that these provisions support the FCO's argument and are dispositive. At the outset we note that under chapter 633 the responsibilities of the State Fire Marshal are carried out through the DFS. "The head of the [DFS] is the Chief Financial Officer." § 20.121(1), Fla. Stat. (2003). The Chief Financial Officer is designated as the State Fire Marshal, § 633.01, and the Division of State Fire Marshal is a part of the DFS, § 20.121(2)(b). The State Fire Marshal thus acts through the DFS, and the DFS has the authority to adopt the Florida Fire Prevention Code. § 633.01(1).

Section 633.01(6), (7) provides:

(6) Only the State Fire Marshal may issue, and, when requested in writing by any substantially affected person or a local enforcing agency, the State Fire Marshall shall issue declaratory statements pursuant to s. 120.565 relating to the Florida Fire Prevention Code and the Life Safety Code.

(7) The State Fire Marshal shall adopt and administer rules prescribing standards for the safety and health of occupants of educational and ancillary facilities pursuant to ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any county that does not employ or appoint a local fire official, the State Fire Marshal shall assume the duties of the local fire official with respect to firesafety inspections of educational property required under s. 1013.12(2)(b), and the State Fire Marshal may take necessary corrective action as authorized under s. 1013.12(5).

(Emphasis added).

Section 633.022 provides in pertinent part:

(1) The [DFS] shall establish uniform firesafety standards that apply to:

....

(b) All new, existing, and proposed... public schools ... of which standards the State Fire Marshal is the final administrative interpreting authority.

(Emphasis added).

The cited provisions of chapter 633 make clear beyond any doubt the authority of the DFS with respect to firesafety standards for new public school facilities. They not only expressly provide for the adoption of such standards by the State Fire Marshal and the DFS but also expressly grant the State Fire Marshal the specific authority to issue declaratory statements relating to the State Fire Code and final administrative interpreting authority regarding the firesafety standards that apply to new public schools. The language of the statutory text is direct and unambiguous. On the issue before us, it is subject to only one reasonable interpretation.

None of the provisions of chapter 1013 relied on by the appellees are inconsistent with the relevant provisions of chapter 633. Indeed, the pertinent provisions of chapter 1013 reinforce the conclusion that the DFS has jurisdiction with respect to firesafety standards for new educational facilities. The appellees argue that the "more specific" provisions of chapter 1013 relating to firesafety take precedence over the general provisions of chapter 633 and that those provisions of chapter 1013 have implicitly repealed the authority granted by chapter 633 to the DFS with respect to firesafety for new educational facilities. These arguments find no support in the text of chapter 1013. Although chapter 1013 clearly places responsibilities related to compliance with firesafety standards for new educational facilities on the Department of Education and local school boards, it recognizes the regulatory authority of the DFS to establish the applicable standards.

Section 1013.37 provides in pertinent part:

(1) UNIFORM BUILDING CODE.—... It is also the responsibility of the [D]epartment [of Education] to develop, as a part of the uniform building code, standards relating to:

....

(c) The safety of occupants of educational and ancillary plants as provided in s. 1013.12, except that the firesafety criteria shall be established by the State Fire Marshal in cooperation with the Florida Building Commission and the department and such firesafety requirements must be incorporated into the Florida Fire Prevention Code.

....

(2) APPROVAL.—

(a) Before a contract has been let for the construction, the department, the district school board, ... or its authorized review agent must approve the phase III construction documents. A district school board ... may reuse prototype plans on another site, provided the facilities list and phase III construction documents have been updated for the new site and for compliance with the Florida Building Code and the Florida Fire Prevention Code and any laws relating to firesafety ... which are in effect at the time a construction contract is to be awarded.

(b) In reviewing plans for approval, the department, the district school board, ... or its review agent as authorized in s. 1013.38, shall take into consideration:

....

17. Conformity with the Florida Fire Prevention Code.

(Emphasis added).

Section 1013.371 provides, in pertinent part:

(2) ENFORCEMENT BY BOARD.— It is the responsibility of each board to ensure that all plans and educational and ancillary plants meet the standards of the Florida Building Code and the Florida Fire Prevention Code and to provide for the enforcement of these codes in the areas of its jurisdiction.... Plans or facilities that fail to meet the standards of the Florida Building Code or the Florida Fire Prevention Code may not be approved....

(3) ENFORCEMENT BY DEPARTMENT.—As a further means of ensuring that all educational and ancillary facilities constructed or materially altered or added to conform to the Florida Building Code standards or Florida Fire Prevention Code standards, each board that undertakes the construction, renovation, remodeling, purchasing, or lease-purchase of any educational plant or ancillary facility, the cost of which exceeds $200,000, may submit plans to the [D]epartment [of Education] for approval.

(Emphasis added).

Section 1013.38 provides in pertinent part:

(1) Boards shall ensure that all new construction, renovation, remodeling, day labor, and maintenance projects conform to the appropriate sections of the Florida Building Code, Florida Fire Prevention Code, or,

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