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Developer Challenges Sprinkler Regulation

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By CHRISTIAN M. WADE

The Tampa Tribune

Published: May 12, 2008

ZEPHYRHILLS - The city's controversial sprinkler law is facing its first major challenge.

One of the nation's largest homebuilders is gearing up to fight the new rules, claiming it shouldn't be required to install the fire safety devices in a town home development.

An attorney representing Miami-based Lennar Homes Inc. - the developer of the 250-unit Eiland Park Townhome project - argues they should be grandfathered in under the new policy because the project was approved before the law was passed.

Not so, City Manager Steve Spina says.

He said the project, a gated community going up off Eiland Boulevard, is only partially built and most of the town homes haven't been permitted yet.

Town homes already permitted are exempt from the law, he said, the others are not.

"Our position is that they should be required to follow the new regulations," Spina said.

Tonight, the city council is expected to take up the issue at a 6 p.m. meeting in city hall.

Marshall Ames, a Lennar spokesman in Miami, declined to comment.

"With hundreds of communities across the country, it's difficult for us to keep the media up to date on what's happening," he said. "We just can't drill down to the local level."

The law, which was approved in September, requires all new residential and commercial projects with more than 5,000 square feet of space to install fire sprinkler systems.

Existing businesses are required to install the systems if they renovate their buildings, and when buildings are expanded or converted to accommodate certain types of business.

Approval of the new regulations was hard fought. Several council members, including now-council president Danny Burgess, questioned the need for it. The vote was 3-2.

Under the new law, affected parties are allowed to file an appeal for an exemption.

At tonight's meeting, the council also will vote on an exemption for a property owner who has a private hangar at the municipal airport. City officials said that request has merit because the hangar is covered under federal aviation regulations, not local laws.

In essence, the Lennar appeal represents the first major challenge to the new law.

"This law wasn't very popular law with developers," Spina said. "We recognize that."

Fire Chief Keith Williams said the new regulations are about saving lives and property.

"We're not trying to create a hardship for business owners or developers," he said.

This isn't the first time the homebuilder has fought city hall.

Two years ago, the city's building department fined U.S. Homes, a division of Lennar Corp., and a Lakeland plumbing contractor $4,000 each, accusing them of starting construction on the 142-home Crestview Hills subdivision without building permits.

The fines were the largest the city ever had slapped on a developer.

After months of back-and-forth, Lennar eventually agreed to pay about $6,500 in double permitting fees. All other charges, including those against the plumber, were dropped.

Reporter Christian M. Wade can be reached at (727) 815-1082 or cwade@tampatrib.com.

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