MyFloridaCode.com

[Florida Code Talk] Questionable call by Building official
WR290 at aol.com WR290 at aol.com
Mon May 25 12:38:45 EDT 2009


 
Hi Dale
 
Missed you last weekend. Hope all is well.
 
Relating to your post. The plain language R309.2 does not mention fire  
protection, only separation, to the ceiling of a garage unless there is a  
habitable area above.  Although we do know that 1/2 GWB is 20 minute.  That is 
why the interpretation from BOAF states No. 
 
See below 
 
From BOAF Informal Interpretation
 
Question:

Is it the intent of R309.1 and R309.2 to be applied to attic accesses  in 
garages with relation to a fire rating?
Answer:
No. The requirement is  for separation as stipulated, not a fire rated 
assembly. The attic access  closure
would need to be equivalent to 1/2 inch gyp board, or in the case  where 
there is a habitable area above the
ceiling, 5/8 inch Type X gyp board  (where the ceiling is used to provide 
the separation).
Commentary:
Section  309.1 addresses openings between the garage and the residence. 
Section 309.2  establishes the
separation requirement between the garage and the attic. 1/2  inch gypsum 
is allowed.
 
 
In a message dated 5/25/2009 11:02:50 A.M. Eastern Daylight Time,  
dalemarcialee at sprintmail.com writes:

I'm  unclear as to the installation of the ladder. Is it a fixed ladder 
through the  scuttle hole creating a penetration of the ceiling assembly? 
R309.2 requires  ceiling protection of 1/2 " gdw on the ceiling and if its a 
floor/ceiling  assembly,( with habitable space above) it must be 5/8 type "X'. 
If the ladder  and scuttle create a penetration through the ceiling envelope, 
it must be  protected in some manner.
Most pull-down attic ladders are not fire-rated  but a layer of sheet-metal 
or drywall applied to the bottom side is usually  accepted.

Dale Lee,CBO
Bay Harbor Islands 

-----Original  Message-----
>From: WR290 at aol.com
>Sent: May 23, 2009 3:26  PM
>To: gyantorn at scgov.net, pathoag at cfl.rr.com,  jcoughlin at englehomes.com, 
FineR at gtlaw.com, noleball at hotmail.com,  codetalk at myfloridacode.com
>Subject: Re: [Florida Code Talk]  Questionable call by Building official
>
> 
>I think he said  he discussed it with the BO because he might want to be 
one 
> in the  future, 
> 
>Tom
> 
> 
>a message dated  5/23/2009 3:23:20 P.M. Eastern Daylight Time,  
>gyantorn at scgov.net  writes:
>
>This  issue is getting out of hand. Discuss with  the BO and inspector. 
You 
>may be  suprised. 
>
>-----  Original Message -----
>From:   codetalk-bounces at myfloridacode.com   
><codetalk-bounces at myfloridacode.com>
>To:  WR290 at aol.com  <WR290 at aol.com>; jcoughlin at englehomes.com   
><jcoughlin at englehomes.com>; FineR at gtlaw.com  <FineR at gtlaw.com>;  
noleball at hotmail.com  
><noleball at hotmail.com>; codetalk at myfloridacode.com   
<codetalk at myfloridacode.com>
>Sent: Sat May 23 15:15:06   2009
>Subject: Re: [Florida Code Talk] Questionable call by  Building  official
>
>Your backing down does nothing but to  propagate the problem  state wide.
>
>-----Original  Message-----
>From:   codetalk-bounces at myfloridacode.com
>[mailto:codetalk-bounces at myfloridacode.com]   On Behalf Of WR290 at aol.com
>Sent: Saturday, May 23, 2009 2:32  PM
>To:  jcoughlin at englehomes.com; FineR at gtlaw.com;   noleball at hotmail.com;
>codetalk at myfloridacode.com
>Subject: Re:  [Florida  Code Talk] Questionable call by Building  official
>
>
>I absolutely  understand.   
>
>This is purely a business decision.  If he want  to  take this official  
on. 
>He will not get a CO, His bank will  keep  charging for extensions of his  
>loan. Assuming he has  a loan. And  probably 2 years down the road he might
>get  
>this issue done. What I see  is FR paint and a GFCI > The  total cost is  
>less
>
>than 100.00.   
>
>I have been down this road and it is not pretty. Not to  mention that  
this  
>person is a contractor. I assume he will  want to continue to  work with 
this
>
>building department.  
>
>
>Tom
>
>
>In a  message dated  5/23/2009 2:21:22 P.M. Eastern Daylight Time,    
>jcoughlin at englehomes.com writes:
>
>The  problem with  rolling  over when you are right and the inspector 
won't 
>listen  is  sort of  like a dog humping your leg. If you let the dog hump  
>you,
>
>he  always  will and you will be his  biatch.
>
>Go to the BO first, then  get BIA  involved.  This will work 95% of the 
time.
>
>Rolling over is  NOT  an   Option.
>
>________________________________
>
>From:   WR290 at aol.com  
>To: Jay Coughlin; FineR at gtlaw.com ;   noleball at hotmail.com ;  
>codetalk at myfloridacode.com 
>Sent:  Sat May  23 14:16:18 2009
>Subject: Re:  [Florida Code Talk]  Questionable call  by Building official 
  
>
>
>Charles:
>
>I was not going to  chime  in on this.This is a  common happening. You can 
>do 
>one of  two  things. Take a recorder with you and  tell him you are  
>recording 
>his  comments, send his comments along with  a  complaint to DBPR. Or you 
>can  
>just make the  repairs and go one with life. I  would absolutly  recommend 
 
>the second option. 
>
>Tom Ricci CBO
>BT   Builders  Inc
>
>In a message dated 5/21/2009 8:44:12 A.M.  Eastern Daylight   Time, 
>jcoughlin at englehomes.com  writes:
>
>This is typical of   some rouge inspectors.  Call the CBO and it goes away
>if not  in book,  can be  resolved in one day normally.
>
>-----Original   Message-----
>From:    codetalk-bounces at myfloridacode.com
>[mailto:codetalk-bounces at myfloridacode.com]   On Behalf Of  FineR at gtlaw.com
>Sent: Wednesday, May 20, 2009  7:55   PM
>To: noleball at hotmail.com;   codetalk at myfloridacode.com
>Subject:  Re: [Florida Code Talk]   Questionable call by Building  official
>
>(This is not  intended to be legal advice) 
>
>If it were  me, and my  county had a board of rules and appeals, I  would
>file an   appeal.  In my experience, the filing of  an appeal is enough   
to
>lead to a discussion that frequently  resolves the matter  without  the
>hearing being  necessary.  And if it  doesn't get resolved,  you have a set
>date by which the matter  will be resolved.    If  your county  does not
>have  such a board, you can use the binding   interpretation process in  
Fla
>Stat 553.775 which is very  fast.  
>
>Good  luck
>
>Robert
>
>Robert S. Fine,  Esq.,   AIA
>
>
>------------------------------------------------------------------------
>--
>Tax   Advice Disclosure: To ensure  compliance with requirements
>imposed  by  the IRS under  Circular 230, we inform you that any  U.S.
>federal tax  advice  contained in this communication  (including  any
>attachments),  unless otherwise specifically  stated, was not  intended or
>written to be used, and cannot be  used, for the purpose of  (1)  avoiding
>penalties under the  Internal Revenue Code or (2)   promoting, marketing  
or
>recommending to another party any  matters  addressed  herein.
>
>The  information contained in this  transmission  may contain
>privileged and confidential information.  It is intended only  for the  use
>of the person(s) named  above. If you are not the  intended  recipient, you
>are  hereby notified that any review,   dissemination, distribution  or
>duplication of this  communication is  strictly  prohibited. If you are not
>the  intended recipient, please   contact the sender by reply email and
>destroy all copies of the  original  message. To reply to our  email
>administrator  directly, please send an  email    to
>mailto:postmaster at gtlaw.com.
>
>------------------------------------------------------------------------
>--
>
>
>From:    codetalk-bounces at myfloridacode.com
><codetalk-bounces at myfloridacode.com>
>To:    codetalk at myfloridacode.com <codetalk at myfloridacode.com>
>Sent: Wed  May  20 19:35:05 2009
>Subject: [Florida Code Talk]   Questionable call by  Building official
>
>
>
>I  am trying to obtain a C.O. for a   residence we have completed and  the
>building official has  taken some  liberties with his  judgement.  I
>usually try  to do what is asked  of me by  the building officials as I
>will  likely be one one day but   this one is taking it a bit far.
>
>
>
>We have  installed an   attic ladder (aluminum ladder) in the garage  and
>the  inspector  refuses to issue a C.O. until the attic  ladder and hatch
>is painted with  fire resistant paint.   Further, he insists that  we
>install GFCI  receptacles in the  dining room (not kitchen)  which is not
>required by  the  N.E.C. or the Florida Building  Code.  I took the book  
to
>him  and asked for him to show  it to me and he said that  it is not in  
the
>Code but it is in  "his code" and it is  what he wants to  see.  He insists
>that the house will not  pass until the hatch is  painted with fire
>retardant paint and the  recepatcles in the dining room  (not kitchen)   
are
>changed.
>
>
>
>To make matters worse,  he  is the electrical inpector  for the
>jurisdiction and is  not licensed  to do any other  inspections.  Does
>anyone  have any suggestions  on this  one?  Soem of you are  building
>officials on here and  may  be able to help me  out.
>
>
>
>Charles   Walker
>
>CW  Building Contractor, inc
>
>CBC  1250992    CCC 1325996 CFC 1427782    
>
>_________________________________________________________________
>Windows   Live(tm): Keep your life in   sync.
>http://windowslive.com/explore?ocid=TXT_TAGLM_BR_life_in_synch_052009
>--------------   next part --------------
>An HTML  attachment was   scrubbed...
>URL:
>http://myfloridacode.com/pipermail/codetalk/attachments/20090520/781efbc
>2/attachment.html   
>_______________________________________________
>CodeTalk   mailing  list
>CodeTalk at myfloridacode.com
>Unsubscribe or  change your options   at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>-----   Original Message   -----
>
>_______________________________________________
>CodeTalk    mailing list
>CodeTalk at myfloridacode.com
>Unsubscribe or change  your  options   at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>_______________________________________________
>CodeTalk   mailing list
>CodeTalk at myfloridacode.com
>Unsubscribe or change  your  options   at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>
>
>
>
>
>
>
>________________________________
>
>Recession-proof    vacation ideas. Find free things to do in the U.S.    
><http://travel.aol.com/travel-ideas/domestic/national-tourism-week?ncid=eml
c
>ntustra
>v00000002>    
>-------------- next part --------------
>An HTML attachment  was   scrubbed...
>URL:    
>http://myfloridacode.com/pipermail/codetalk/attachments/20090523/e45fd835/a
t
>tachment.html    
>_______________________________________________
>CodeTalk  mailing   list
>CodeTalk at myfloridacode.com
>Unsubscribe  or change your options    at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>
>
>
>**************Recession-proof   vacation ideas.  Find free things to do in 
>the U.S.   
>(http://travel.aol.com/travel-ideas/domestic/national-tourism-week?ncid=eml
c
>ntustrav00000002)
>--------------   next part --------------
>An HTML attachment was   scrubbed...
>URL:
>http://myfloridacode.com/pipermail/codetalk/attachments/20090523/608c0d2d/a
t
>tachment.html   
>_______________________________________________
>CodeTalk  mailing  list
>CodeTalk at myfloridacode.com
>Unsubscribe or  change your options   at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>_______________________________________________
>CodeTalk   mailing list
>CodeTalk at myfloridacode.com
>Unsubscribe or change  your  options   at:
>http://myfloridacode.com/mailman/listinfo/codetalk
>
>
>
>
>**************Recession-proof  vacation ideas.  Find free things to do in 
>the U.S.  
>(http://travel.aol.com/travel-ideas/domestic/national-tourism-week?ncid=eml
cntustrav00000002)
>--------------  next part --------------
>An HTML attachment was scrubbed...
>URL:  
http://myfloridacode.com/pipermail/codetalk/attachments/20090523/3c67ce41/attachment.html  
>_______________________________________________
>CodeTalk  mailing list
>CodeTalk at myfloridacode.com
>Unsubscribe or change  your options  at:
>http://myfloridacode.com/mailman/listinfo/codetalk





**************We found the real ‘Hotel California’ and the ‘Seinfeld’ 
diner. What will you find? Explore WhereItsAt.com. 
(http://www.whereitsat.com/?ncid=emlwenew00000004)
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://myfloridacode.com/pipermail/codetalk/attachments/20090525/cb308d6d/attachment.html 


More information about the CodeTalk mailing list
| Home | Contractors Institute | Building Official | CI Certified | About Us | Contact Us |
| ©Copyright 2005 Contractors Institute     All rights reserved |