Lee County builders want to shut off Estero Fire Rescue District's sprinkler ordinance.
The Lee Building Industry Association, Inc., and the Florida Home Builders Association filed a joint lawsuit in Lee County Circuit Court in an attempt to halt the fire district's recent sprinkler ordinance.
The lawsuit also asks a judge to review whether the fire district followed state law when it created the ordinance, according to Chené Thompson, a private lawyer hired by the builders.
Thompson said Lee County has rules that conflict with Estero's ordinance, and they need a judge to sort it out.
"We are kind of stuck in the middle," Thompson said. "We want to resolve some of the uncertainty."
During their meeting Tuesday, Estero fire commissioners agreed to hold a closed-door executive session next week to discuss the lawsuit with the district's lawyer, Charles Schoech. That meeting starts at 1 p.m. Wednesday at the fire district headquarters on Three Oaks Parkway.
Executive sessions are allowed under state law when public boards want to seek legal advice. A certified court reporter must record the session.
Commissioner Dick Schweers, who serves as the fire commission's chairman, said the sprinkler ordinance is meant to keep Estero residents safe.
"Our charge is to protect property and save lives," Schweers said.
In October, Estero fire commissioners signed off on the ordinance that requires all newly built one- and two-family homes within the district to install automatic fire-sprinkler systems. They later decided to delay enacting the rules until July 31, following pushback from Lee County officials.
The builders' 27-page legal complaint argues that they have no way to challenge the fire district's sprinklers resolution, that the fire district's economic impact study of the ordinance is deficient and that the fire district exceeded its authority.
The lawsuit also contends there is a "strong likelihood" builders will be "irreparably harmed" if the sprinkler ordinance is enforced.
County Attorney Richard Wesch and Lee's Director of Community Development David Loveland penned letters to the district last fall that raised similar concerns about the ordinance and asked how the fire district plans to enforce the new requirements.
In an email statement attributed to Wesch, the county said, "There is no situation in Florida at this time that mirrors the situation Lee County finds itself in with this fire district action."
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