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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	Miami-Dade
Jurisdiction	Archived Miami-Dade 1

Building Official	Thomas Velazquez
Address/Phone/Email	1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7610 Ext. 6589 thomasvelazquez@miamibeachfl.gov

Petitioner Name	Christopher D. Shirar
Address/Phone/Email	2950 SW 27th Avenue Suite #310 Miami, FL 33133 (305) 529-1080 cshirar@rvlarch.com

Petitioner Representative's Name
Address/Phone/Email

Building Code Version	2004
Sub Code	Building
Chapter & Topic	Chapter 10 - Means of Egress
Section	1022.2

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
I am a design consultant to the Architect of Record for a new 7 story,74' high residential building (R2). The plans are in permit review. The building reviewer has interpreted section 1022.2 of the 2004 FBC in a manner which I believe is inconsistent with the language. I am requesting further clarification.



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)
Per the building reviewer's comment: "Exterior stairs can not be used as means of egress for building with more than four stories (FBC 1022)."



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
Fbc 1022.2 states: “exterior stairways shall be permitted as […] a required means of egress for buildings not exceeding four stories or 75 feet in height.” I believe the word "OR" in this context represents a choice – an exterior stair is permitted to be a means of egress if the building is not more than four stories OR if the building is less than 75’ tall. Only one or the other condition needs to be satisfied. This is consistent with how the word "OR" is implemented throughout the code. According to the Florida Building Code Commentary book, a comprehensive document, prepared in part by the the collaborative efforts of the Building Officials Association of Florida and the Miami-Dade County Building Code Compliance Office (along with many others), a florida specific amendment reduced the number of stories from six (IBC) down to four stories. Both the IBC and FBC maintain the 75' height restriction. This reduction of stories reportedly was due to the potential hazard of poor weather and the fact that many people become fearful and disoriented while traversing open stairs at great heights. Unfortunately, the florida-modified language fails to communicate this intent. Interestingly – the Florida Fire Prevention Code does address this “fear of heights” issue in their guidelines. NFPA 101- 7.2.2.6.2 states: “outside stairs shall be arranged to avoid any impediments to the use of the stairs by persons having a fear of high places. For stairs more than three stories in height, any arrangement intended to meet this requirement shall be not less than 48” in height.” Further clarification is provided in the NFPA 101 Annex A. It states: “special architectural treatment, including application of such devices as metal or masonry screens and grilles, will usually be necessary to comply with the intent of this requirement for stairs over three stories in height.” Here - Fire directly addresses the concern, yet does not place limitations on the stories or building height.

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

History

Date Paid

Date Pending Building Official Response

Date Building Official Response

Date Submitted to BOAF

Date Accepted

Time Waiver Granted

Date Extended To

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