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NFPA 101 just what is it?

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BSSTG

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Nov 30, 2009
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729
Location
Seadrift, Tx.
Greetings all,

Gearing up for what may be a legal battle. I recently issued a stop work order for a completely out of code spiral stair. The property owner is fighting tooth and nail (ex mayor). He is going for a variance. Now our variance process, if done through committee, is only valid for "building codes or subdivision ordinances". since spiral stairs are a part of the Life Safety Code, and, are adopted as a part of the Fire Code, I'm thinking that this guy will not have the ability for a variance through that particular process.

I guess the basic question is, is the Life Safety Code NFPA 101 a building code? If it is not a "building code", then this guy will have to go before Council for his variance which is what I want. I'm sure the city atty will agree.

I would have waited to post this up till later this week but I've been out of town for some training and all of this variance stuff came up while I was gone. I haven't had a chance to look at NFPA 101 yet. I know it references spiral stairs but I'm not sure how just yet. I know this will be pressing Monday am.

And just when things were going pretty smooth. Oh well.

Once again thanks for yall's input. It's tough being the only code dude in town sometimes with no one to bounce this stuff off of.

BS
 
Life Safety Code, known as NFPA 101, is a consensus standard widely adopted in the United States. It is administered, trademarked, copyrighted, and published by the National Fire Protection Association and, like many NFPA documents, is systematically revised on a three year cycle.

Despite its title, the standard is not a legal code, is not published as an instrument of law, and has no statutory authority in its own right. However, it is deliberately crafted with language suitable for mandatory application to facilitate adoption into law by those empowered to do so.

The bulk of the standard addresses "those construction, protection, and occupancy features necessary to minimize danger to life from fire, including smoke, fumes, or panic". The standard does not address the "general fire prevention or building construction features that are normally a function of fire prevention codes and building codes".

http://en.wikipedia.org/wiki/Life_Safety_Code
 
Ok twenty questions

1 commercial or residental

2 what code has the city actualy adopted

3 city cannot techinacly approve a variance, they can look at other codes for equivalent

4 if 101 is adopted as part of IFC, than in what capacity hospitals and nursing homes only? Or for any building ??
 
1 the sprial stair is in a house that was converted from a garage under with an apt over. It is now just a plain ole R3 with no garage.

2 all I codes adopted and NFPA 101was adopted as part of the Fire Code.

3 and yes the city can approve a variance. it's a home rule city and the procedures are in the municipal ordinances. all appeals sections have been deleted in the adopted codes and replaced with the variance procedures. My pont is that a variance committee can only apply a variance to a building code by the adopted ordinance. Hence the question. Is NFPA 101 a building code? I say it is not. If is not, then a variance cannot be granted by this committee.

4 101 was adopted without any reference to a particular type of bldg.

BS
 
1 yes it is a design code

2 if this is a true house and not a business, if you adopted the Irc, that should be what the project is reviewed under

3 not an irc person , but I believe spirals are allowed in the Irc,

Someone can confirm or deny that one

4 sad that variances are granted
 
What are your specific concerns?

[He asked from his office in the loft accessible only by a spiral staircase]
 
IRC calls for a min step width of 26". this one is 20". also the the balusters are to be set so a 4 3/8" sphere can't pass through. this unit measures over 5". open space between the steps is also limited in size as to not allow a 4" sphere. that won't fly either.

this stair unit doesn't pass muster with any of the IRC requirements as far as I can tell.

this is not a requirred egress. spirals are not allowed to be. at least the dude got that part right.

BS
 
09

R311.7.9.1 Spiral stairways. Spiral stairways are permitted, provided the minimum clear width at and below the handrail shall be 26 inches (660 mm) with each tread having a 71/2-inch (190 mm) minimum tread depth at 12 inches (914 mm) from the narrower edge. All treads shall be identical, and the rise shall be no more than 91/2 inches (241 mm). A minimum headroom of 6 feet 6 inches (1982 mm) shall be provided.
 
If NFPA 101 was adopted as part of the IFC then you have laready created a board of appeals you just may not have activated it. Reference IFC Section 108.

SECTION 108 BOARD OF APPEALS

[A] 108.1 Board of appeals established.

In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

This board of appeals may be seperate than the board of appeals for the building code. Note also that the members of the board of appeals is to be appointed by the governing body. It would appear that the Council could decide to appoint themselves to the board of appeals and rule on the problem or they would appoint other individuals to fill this role.
 
BSSTG said:
IRC calls for a min step width of 26". this one is 20". also the the balusters are to be set so a 4 3/8" sphere can't pass through. this unit measures over 5". open space between the steps is also limited in size as to not allow a 4" sphere. that won't fly either. this stair unit doesn't pass muster with any of the IRC requirements as far as I can tell. this is not a requirred egress. spirals are not allowed to be. at least the dude got that part right. BS
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If it is not the required means of egress, and does not meet the requirements for spiral stairs... then, it's a ladder.
 
First, NFPA 101 is not a building code. From NFPA 101 1.1.6, "The Code does not address the following: General fire prevention or building construction features that are normally a function of fire prevention codes and building codes."

Second, the spiral stair provisions in NFPA 101 are identical to those in the IRC (NFPA 101, 7.2.2.2.3). I'm not sure what they're trying to gain by applying NFPA 101 to the spiral staircase in question.

The "attic stair" defense is probably their best option to win over the deciding body. Sadly, some of them will probably buy it.
 
Yea, as much as I hate to say it. This guy with the spiral stair is not my favorite person. Nor is he a favorite of many of the citizens since he's always gotten away with just about anything he wants over the years with his scummy mobile home parks. I've had a couple of powers that be congratulate me on standing up to the old geezer. I'm told that no one ever has.

Sometimes I miss digging ditches.

BS
 
Yea, as much as I hate to say it, this guy with the spiral stair is not my favorite person. Nor is he a favorite of many of the citizens since he's always gotten away with just about anything he wants over the years with his scummy mobile home parks. I've already had a couple of powers that be congratulate me on standing up to the old geezer. I'm told that no one ever has.

Sometimes I miss digging ditches.

BS
 
1.1* Scope. 1.1.1 Title. NFPA 101, Life Safety Code, shall be known as the Life Safety Code®, is cited as such, and shall be referred to herein as “this Code” or “the Code.” 1.1.2 Danger to Life from Fire. The Code addresses those construction, protection, and occupancy features necessary to minimize danger to life from the effects of fire, including smoke, heat, and toxic gases created during a fire. 1.1.3 Egress Facilities. The Code establishes minimum criteria for the design of egress facilities so as to allow prompt escape of occupants from buildings or, where desirable, into safe areas within buildings. 1.1.4 Other Fire-Related Considerations. The Code addresses other considerations that are essential to life safety in recognition of the fact that life safety is more than a matter of egress. The Code also addresses protective features and systems, building services, operating features, maintenance activities, and other provisions in recognition of the fact that achieving an acceptable degree of life safety depends on additional safeguards to provide adequate egress time or protection for people exposed to fire. 1.1.5* Considerations Not Related to Fire. The Code also addresses other considerations that, while important in fire conditions, provide an ongoing benefit in other conditions of use, including non-fire emergencies. 1.1.6 Areas Not Addressed. The Code does not address the following: (1)*General fire prevention or building construction features that are normally a function of fire prevention codes and building codes
 
BSSTG said:
Yea, as much as I hate to say it. This guy with the spiral stair is not my favorite person. Nor is he a favorite of many of the citizens since he's always gotten away with just about anything he wants over the years with his scummy mobile home parks. I've had a couple of powers that be congratulate me on standing up to the old geezer. I'm told that no one ever has. Sometimes I miss digging ditches. BS
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If there is a stair which meets means of egress requirements, then this fight over the ladder boils down to searching for a way to say "no" for personal reasons, not professional ones. I.e. you're not standing up to this person, you're using your position to carry out a vendetta.
 
There has been discussion here aplenty over whether exit components, when not required, have to meet specs.

I agree w/brudgers that spiral not being exit means is less culpable as a violation.

I have done delicious battle with what I regard as "slumlords", but sometimes you have to carefully choose which battles to fight. If you have an appeals board that is receptive, you can just take the lawyerly approach and make your argument based in reason, whether or not your grounds are shaky.
 
Thanks Jim. (and others) I have been swayed after reading yours and Brudger's responses and after close scrutiny of the IRC. Since a different means of egress is provided it probably should be allowed. I just hope no one ever breaks their neck on this thing.

By the way Mr. Brudgers, I never would have let my personal feeling initiate a red tag. By that reasoning, I could never issue a red tage solely on personal opinion of someone. I don't carry out "vendettas". That said, I believe your right otherwise. And yea, this guy is still not my favorite person.

thanks

BS
 
Sounds like you should document that there is a code compliant exit and the design of the spiral stairs do not meet code
 
cda said:
Sounds like you should document that there is a code compliant exit and the design of the spiral stairs do not meet code
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There are no spiral stairs. There's a ladder.

Ladders are outside the scope of the IRC.
 
Well one must accept the premise that Section R311 applies to one complete means of egress and excludes all other instances of the use of the components found in section R311. Then again, maybe not. Your ladder would have to look a lot more like a ladder and a lot less like spiral stairs to keep me from grinning when you tell me it's a ladder.
 
brudgers said:
There are no spiral stairs. There's a ladder.

Ladders are outside the scope of the IRC.
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down boy down, heal, sit

Exception: The ladder or steps required by SectionR310.2.1 shall be permitted to encroach a maximum of 6 inches (152 mm) into the required dimensions of the window well.

R310.2.1 Ladder and steps. Window wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R311.5 and R311.6. Ladders or rungs shall have an inside width of at least 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well.
 
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