[RPPTL-constructionlaw] Expert: Fire codes

Tue Mar 22 12:30:28 PDT 2011

It's amazing how much one can say with just one letter.  : )

Robert S. Fine, Esq., AIA
Shareholder 
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law

Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826 

finer at gtlaw.com <mailto:finer at gtlaw.com>  | www.gtlaw.com
<http://www.gtlaw.com/> 

 Greenberg Traurig<http://www2.gtlaw.com/files/GTLogo.jpg> 

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Lesser, Steven
Sent: Tuesday, March 22, 2011 3:01 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

R

From: FineR at gtlaw.com [mailto:FineR at gtlaw.com] 
Sent: Tuesday, March 22, 2011 01:47 PM
To: constructionlaw at lists.flabarrpptl.org
<constructionlaw at lists.flabarrpptl.org> 
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes 

[This, of course not being legal advice...]

The issue is more likely, the codes today, not the code from 69-70.
when the building was built.   There is no grandfathering from the fire
code  (Florida Fire Prevention Code) in Florida. The fire
marshal/inspector can almost always compel enforcement with the fire
code in effect-- except that it would be for compliance with the
"existing" building requirements for the particular use. In the FLFPC,
there is a new [use] and existing [use] chapter for each use type. For
example, there is a new apartment building chapter and an existing
apartment building chapter. A non-printable version of the FLFPC can be
found on the State Fire Marshal's website.  If it it turns out that this
is where your problem is (and I suspect it is), there may be
alternatives in the code itself .  Also, there are also some statutory
provisions that deal with hardship in complying with the fire code as
well.

Hope this helps.  Regards,

Robert S. Fine, Esq., AIA
Shareholder 
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law

Greenberg Traurig, P.A. | 333 Avenue of the Americas| Miami, FL 33131
Tel 305.579.0826 | Fax 305.961.5826 

finer at gtlaw.com <mailto:finer at gtlaw.com>  | www.gtlaw.com
<http://www.gtlaw.com/> 

 Greenberg Traurig<http://www2.gtlaw.com/files/GTLogo.jpg> 

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From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Joseph G. Thresher
Sent: Tuesday, March 22, 2011 1:24 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

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.

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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