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Combustible Framing in Type IA Construction

jar546

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This is a frame for a jacuzzi tub in a condominium being remodeled. This particular condo is in a high-rise building of Type IA construction. The wood being used is pressure-treated southern yellow pine, but not fire-treated lumber. I've posted similar photos before and the consensus was that this concealed space doesn't count and combustible lumber such as this is OK in this application even though the verbiage of the actual code says otherwise.

What are your thoughts? Would you allow this?
Side note: The receptacle is off of a GFCI breaker and this is not an electrical thread.


IMG_6578.JPG
 
Not permitted. 603 takes me to 718.5:

718.5 Combustible materials in concealed spaces in Type I
or II construction.
Combustible materials shall not be permitted
in concealed spaces of buildings of Type I or II
construction.
Exceptions:
1. Combustible materials in accordance with Section
603.
2. Combustible materials exposed within plenums
complying with Section 602 of the International
Mechanical Code.
3. Class A interior finish materials classified in accordance
with Section 803.
4. Combustible piping within partitions or shaft enclosures
installed in accordance with the provisions of
this code.
5. Combustible piping within concealed ceiling spaces
installed in accordance with the International
Mechanical Code and the International Plumbing
Code.
6. Combustible insulation and covering on pipe and
tubing, installed in concealed spaces other than plenums,
complying with Section 720.7.

It doesn't meet any of the excepotions in 703.5. Therefore, not allowed.
 
IF it is allowed.....are they sprinklering that area? Pretty sure NFPA 13 says so. ASSUMING it is a sprinklered building......And BTW...Cabinets are not mentioned specifically in 603, do you allow those?
 
[A] 104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

Yep, I would approve it here.
1. It is separated from other "concealed spaces."
2. The space will be accessible for equipment maintenance.
3. The Plastic/fiberglass tub will burn faster and hotter than the 2x4 framing members.
4. Is there a sprinkler head in the bathroom? If yes, then I don't see an issue with how this is being done.

Similar to installing booth style seating that creates a "Concealed Space."
 
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