Background: 5 th Edition (2014) Florida Building Code, Building

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Issue DS 2017-019. The petitioner Robert C Shumake of Shumake Architecture is seeking a declaratory statement on whether FBC 1029.1 require an emergency escape and rescue opening from sleeping units located on the second and third floors of an R-2 occupancy configured with two remotely located fire rated stairs, and otherwise complying with FBC? Background: The applicant is working on a 7,400 square foot three-story apartment (R2 Occupancy and V- B construction type) project, which is fully sprinkled, with an NFPA 13R system. Forty percent of the building perimeter faces a public street, which allows area modification to permit the proposed building area. The design includes two remotely located fire rated exist stairs that serve each floor. According to the petitioner, it is believed that the intent of FBC 1029.1 is to require emergency escape and rescue openings in Group R-2 or R-3 occupancies that qualify for the single exit stair configuration by the referenced Tables 1021.2(1) and 1021.2(2). In this case, the emergency escape and rescue opening will provide a second egress option should the other single main building exit be inaccessible in the event of an emergency. 5 th Edition (2014) Florida Building Code, Building 310.4 Residential Group R-2. Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses Boarding houses (nontransient) with more than 16 occupants Congregate living facilities (nontransient) with more than 16 occupants Convents Dormitories Fraternities and sororities Hotels (nontransient) Live/work units Monasteries Motels (nontransient) Vacation timeshare properties 310.5 Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including: Buildings that do not contain more than two dwelling units Boarding houses (nontransient) with 16 or fewer occupants Boarding houses (transient) with 10 or fewer occupants Care facilities that provide accommodations for five or fewer persons receiving care Congregate living facilities (nontransient) with 16 or fewer occupants Congregate living facilities (transient) with 10 or fewer occupants [F] 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

[F] 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. 1021.1 General. Each story and occupied roof shall have the minimum number of exits, or access to exits, as specified in this section. The required number of exits, or exit access stairways or ramps providing access to exits, from any story shall be maintained until arrival at grade or a public way. Exits or access to exits from any story shall be configured in accordance with this section. Each story above the second story of a building shall have a minimum of one interior or exterior exit stairway, or interior or exterior exit ramp. At each story above the second story that requires a minimum of three or more exits, or access to exits, a minimum of 50 percent of the required exits shall be interior or exterior exit stairways, or interior or exterior exit ramps. Exceptions: 1. Interior exit stairways and interior exit ramps are not required in open parking garages where the means of egress serves only the open parking garage. 2. Interior exit stairways and interior exit ramps are not required in outdoor facilities where all portions of the means of egress are essentially open to the outside. 1021.2 Exits from stories. Two exits, or exit access stairways or ramps providing access to exits, from any story or occupied roof shall be provided where one of the following conditions exists: 1. The occupant load or number of dwelling units exceeds one of the values in Table 1021.2(1) or 1021.2(2). 2. The exit access travel distance exceeds that specified in Table 1021.2(1) or 1021.2(2) as determined in accordance with the provisions of Section 1016.1. 3. Helistop landing areas located on buildings or structures shall be provided with two exits, or exit access stairways or ramps providing access to exits. Exceptions: 1. Rooms, areas and spaces complying with Section 1015.1 with exits that discharge directly to the exterior at the level of exit discharge, are permitted to have one exit. 2. Group R-3 occupancy buildings shall be permitted to have one exit. 3. Parking garages where vehicles are mechanically parked shall be permitted to have one exit. 4. Air traffic control towers shall be provided with the minimum number of exits specified in Section 412.3. 5. Individual dwelling units in compliance with Section 1021.2.3. 6. Group R-3 and R-4 congregate residences shall be permitted to have one exit.

7. Exits serving specific spaces or areas need not be accessed by the remainder of the story when all of the following are met: 7.1. The number of exits from the entire story complies with Section 1021.2.4; 7.2. The access to exits from each individual space in the story complies with Section 1015.1; and 7.3. All spaces within each portion of a story shall have access to the minimum number of approved independent exits based on the occupant load of that portion of the story, but not less than two exits. 1021.2.1 Mixed occupancies. Where one exit, or exit access stairway or ramp providing access to exits at other stories, is permitted to serve individual stories, mixed occupancies shall be permitted to be served by single exits provided each individual occupancy complies with the applicable requirements of Table 1021.2(1) or Table 1021.2(2) for that occupancy. Where applicable, cumulative occupant loads from adjacent occupancies shall be considered in accordance with the provisions of Section 1004.1. In each story of a mixed occupancy building, the maximum number of occupants served by a single exit shall be such that the sum of the ratios of the calculated number of occupants of the space divided by the allowable number of occupants for each occupancy does not exceed one. TABLE 1021.2(1) STORIES WITH ONE EXIT OR ACCESS TO ONE EXIT FOR R-2 OCCUPANCIES STORY MAXIMUM OCCUPANCY NUMBER OF DWELLING UNITS Basement, first, second or R-2 a, b 4 dwelling units 125 feet third story Fourth story and above NP NA NA MAXIMUM EXIT ACCESS TRAVEL DISTANCE For SI: 1 foot = 304.8 mm. NP Not Permitted. NA Not Applicable. a. Buildings classified as Group R-2 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 and provided with emergency escape and rescue openings in accordance with Section 1029. b. This table is used for R-2 occupancies consisting of dwelling units. For R-2 occupancies consisting of sleeping units, use Table 1021.2(2). TABLE 1021.2(2) STORIES WITH ONE EXIT OR ACCESS TO ONE EXIT FOR OTHER OCCUPANCIES.

STORY First story or basement OCCUPANCY MAXIMUM OCCUPANTS PER STORY A, B b, E, F b, M, U, S b 49 occupants 75 feet H-2, H-3 3 occupants 25 feet H-4, H-5, I, R-1, R-2 a,c, R-4 10 occupants 75 feet S 29 occupants 100 feet Second story B, F, M, S 29 occupants 75 feet Third story and above NP NA NA MAXIMUM EXIT ACCESS TRAVEL DISTANCE For SI: 1 foot = 304.8 mm. NP Not Permitted. NA Not Applicable. a. Buildings classified as Group R-2 equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 and provided with emergency escape and rescue openings in accordance with Section 1029. b. Group B, F and S occupancies in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 shall have a maximum travel distance of 100 feet. c. This table is used for R-2 occupancies consisting of sleeping units. For R-2 occupancies consisting of dwelling units, use Table 1021.2(1). 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R-2 occupancies in accordance with Tables 1021.2(1) and 1021.2(2) and Group R-3 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. Note: - The scoping provisions for where emergency escape and rescue opening are required have been reworded for the 2012 IBC. - Where a Group R-2 building, equipped with an automatic sprinkler system, is provided with a minimum of two independent exits per story, as typically required in accordance with Section 1021.1, then Section 1029.1 does not require emergency escape and rescue openings. - Emergency escape and rescue openings are required within sleeping rooms of a Group R-2 occupancy where that Group R-2 occupancy only provides one independent exit per story, where allowed by Table 1021.2(1) or 1021.2(2).

2010 Florida Building Code, Building SECTION 1029 EMERGENCY ESCAPE AND RESCUE 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue in Group R and I-1 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. The emergency escape and rescue opening shall be permitted to open into a screen enclosure, open to the atmosphere, where a screen door is provided leading away from the residence. Such opening shall be operational from the inside without the use of special knowledge, keys or tools. Exceptions: 1. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. 2. In other than Group R-3 occupancies, sleeping rooms provided with a door to a fireresistance-rated corridor having access to two remote exits in opposite directions. 3. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404, provided the balcony provides access to an exit and the dwelling unit or sleeping unit has a means of egress that is not open to the atrium. 4. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue windows. 5. High-rise buildings in accordance with Section 403. 6. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. 7. Basements without habitable spaces and having no more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape windows. 8. Security and hurricane devices installed in accordance with Section 1008.1.4.6. Staff Analysis: Question: Does FBC 1029.1 require an emergency escape and rescue opening from sleeping units located on the second and third floors of an R-2 occupancy configured with two remotely located fire rated stairs, and otherwise complying with FBC?

Answer: No, as per Section 1029.1 of the 5 th Edition (2014) FBC, Building, an R-2 building that is equipped with an automatic sprinkler system and provided with a minimum of two independent exits per story is not required to provide for an emergency escape and rescue openings. Therefore, an emergency escape and rescue openings are not required for the sleeping units in question.