[RPPTL-constructionlaw] Expert: Fire codes

[Joseph G. Thresher]

Some thoughts---

There are cases that have held that testimony about interpretation of codes
is not admissible when offered by a design expert experienced in applying
code;  the argument being that interpretation of code is a matter of law not
fact and testimony on issue of law is not competent evidence. On the other
hand there is a FDOT rule case involving outdoor advertizing which held that
evidence of past practice of agency (FDOT) responsible for interpretation
and enforcement,  may be offered as evidence of proper meaning to be given
to code.

Because you have period of actual application of code by then competent
agency, and no change to code language ( I assume ) then that prior
interpretation may be a basis for interpreting code as applied to your
specific facts. The interpretation and enforcement of safety codes include
judgment, consistently exercised, for period of time may be a basis to
preclude the inquiry itself (absent a new and permissibly retroactive safety
code requirement).

Good Luck

Joseph G. Thresher

813-229-7744

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Richard
A. Burt
Sent: Thursday, March 10, 2011 11:26 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Expert: Fire codes

 

Everyone,

 

I have a client who has owned an apartment building which has housed college
students for over 20 years.  Up to this year, the state conducted an annual
inspection of the building and its units; each year the building and units
passed inspection.  Recently, the inspection function was transferred to the
local fire department.  The local fire inspector has cited the client for
inadequate egress, stating that a door leading into a bedroom of a number of
units must remain unlocked at all times.  This would render these apartments
non-rentable costing the client hundreds of thousands of dollars in income
and drastically reducing the building's value.  Despite pleas by the client
and his architects and engineers, who have suggested a number of options to
achieve the objective of the egress requirement, the fire department
inspector will not budge.

 

Can anyone identify an expert in the area of fire codes in effect in
1969-1970 and currently?

 

Thanks.

 

Richard A. Burt, Esq.

 

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue 

Suite 200 

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile) 

dick at burt-burt.com

www.burt-burt.com <http://www.burt-burt.com/> 

 

 

 

 

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