MyFloridaCode.com

You would be surprised by how typical this situation actually is...how often
an interpretation of the code might be applied with a sledge hammer...and
how much aggravation and difficulty this creates for property owners,
designers and contractors.

Not a majority situation....just enough make people believe that the system
is terribly flawed.  It taints us all.

No...unfortunately...this is not a unique occurrence.

Eric D. Kuritzky, Architect, CBO
Orlando



> From: Pat Hoag <pathoag at cfl.rr.com>
> Date: Mon, 25 May 2009 21:18:18 -0400
> To: "'.'" <dalemarcialee at sprintmail.com>, <WR290 at aol.com>,
> <gyantorn at scgov.net>, <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
> 
> Here we go, another over kill (e.g., see the last sentence "you might want
> to"). Just the problem.
> 
> -----Original Message-----
> From: . [mailto:dalemarcialee at sprintmail.com]
> Sent: Monday, May 25, 2009 11:03 AM
> To: WR290 at aol.com; 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'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
>> 
>> 
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>> 
>> 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