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Petition #


Do you have a Local Board of Appeals	No
If Yes, have they rendered a decision on this issue	No

County	Hillsborough
Jurisdiction	Hillsborough District Schools

Building Official	James Johannessen
Address/Phone/Email	901 East Kennedy Blvd Tampa, FL 33602 (813) 272-4978 james.johannessen@sdhc.k12.fl.us

Petitioner Name	dwight holmes
Address/Phone/Email	109 north brush street suite 100 tampa, FL 33602 (813) 229-0614 holmes@holmeshepner.com

Petitioner Representative's Name	Dwight E. Holmes
Address/Phone/Email	109 North Brush Street Suite 100 Tampa, FL 33602 (813) 229-0614 holmes@holmeshepner.com

Building Code Version	2004
Sub Code	Building
Chapter & Topic	Chapter 10 - Means of Egress
Section	1025

If permitted, date of permit application

Enter explanation of how the Petitioner's substantial interests are being affected by the local interpretation of the Florida Building Code
Hillsborough County Public Schools Building Official has required that side hinged in-swinging casement windows which were installed to meet requirements of Section 1025 for emergency escape and rescue windows be removed and replaced with out-swinging windows. Architect has been required to pay for this remediation.



Enter statement of the interpretation given to provisions of the Florida Building Code by the local building official and the manner in which the interpretation was rendered (If information is entered, it must be exactly as it appears in the hardcopy)
Hillsborough County Public Schools Building Official stated the following in correspondence to petitioner dated January 17, 2008 (punctuation shown exactly as written): Years ago SREF clearly required "emergency exit" or "means of secondary egress" windows for "emergency escape", when a classroom did not open directly to the exterior. These emergency escape windows were specifically required by SREF to open"out" in the direction of exit travel. The DOE's position at that time was that it was better for teachers and students to break an arm or leg jumping out of a second story window than to sit in a burning building waiting for rescue. Although the building code has changed over the years and Florida Building Code has come into existence, the requirement to provide an "emergency escape opening"(window) has not disappeared from the code. The Building Commission and State Fire Marshal, for whatever reason, felt it was acceptable to place the "emergency escape" requirements into the same paragraph as the "rescue Opening"; thus our delimma today. He further stated: Regardless, throughout the FBC and FFPC, including the Florida versions of NFPA1 and NFPA 101, all references to exiting specifically note that the exit swings, and/or exit direction shall be in the direction of exit travel. In the same correspondence,he advised that he had discussed this matter with Mr. Jon Hamrick at DOE and told us: Mr. Hamrick was surprised that someone would raise such an issue and assured me that there had not ben a change in the code and that emergency windows must open out.



Enter statement of the interpretation that the petitioner contends should be given to the provisions of the Florida Building Code and a statement supporting the petitioner's interpretation
Section 1025 does not specify the direction of swing or operation of an Emergency Escape and Rescue Opening. In Fact, Section 1002.1 defines an Emergency Escape and Rescue Opening as "any operable window, door or similar device that provides for a means of escape and access for rescue in the event of an emergency. In the Florida Building Code Commentary, the writer advises that the requirement for emergency escape and rescue openings was introduced into the code to provide access for firefighters to perform rescue operations and was sized to be large enough for a firefighter to be able to climb through in full bunker gear. The Florida Building Code does not cite "emergency escape and rescue openings" as being a component of a means of egress and thus there is no "direction of travel" involved. In fact it is more likely that such windows would be used to enter a building in order to effect rescue than to be used by occupants as a means of escape and, as such an in-swinging window would be easier to negotiate by a firefighter on a ladder at the second floor. Finally, I would call to your attention the fact that paragraph 423.14.2.1 requires signage to be posted stating "EMERGENCY RESCUE - KEEP AREA CLEAR" at all such windows. There are no exit lights or fire alarm devices in the vicinity of these windows that might lead an occupant to believe they might be a means of egress.

Enter local building official response by providing a statement admitting or denying the statements contained in the petition and a statement of the interpretation of the provisions of the Florida Building Code which the local jurisdiction or the local building official contends is correct, including the basis for the interpretation

The statements within this petition for declaratory interpretation are accurate.
It is my opinion as Building Code Manager for Hillsborough County Public Schools that the intent of the FBC for "emergency escape" windows is that they are intended to open out into a public way.  FBC 1002 Means of Egress, 1002.1 Definition reads: EMERGENCY ESCAPE AND RESCUE OPENINGS. An operable window, door or other similar device that provides for a "means of escape" and access for rescue in the event of an emergency. (Emphasis "" mine) (The FBC clearly requires all doors in exit pathways to open out in the direction of exit travel.) FBC 1025 Emergency Escape and Rescue, lumps the windows into a single catagory but is silent on whether they are to open in or out. 
It is my interpretation that windows, where required for "emergency escape", (as a result of doors opening into a fire rated corridor and not directly to the exterior), must open out in the direction of exit travel.

History

Date Paid

03/03/2008

Date Pending Building Official Response

03/21/2008 10:30 AM

Date Building Official Response

03/21/2008

Date Submitted to BOAF

03/21/2008

Date Accepted

03/25/2008

Time Waiver Granted

Date Extended To

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