# Building Code Expert



## oldred (Feb 21, 2014)

Where would I find an expert on building codes to evaluate a current situation of alleged code violation?  I am not looking for trial testimony (yet), but just an evaluation of an existing condition.  Basically, I want to know, if from the photos I provide..... is there a code violation.  I would expect to pay for this service.  I am being beaten down so much at the local bldg. code level that before we move forward, spending our retirement funds to hire an attorney, trial experts, etc. I would like an expert in the field to evaluate the situation.  Credentials, lots of experience......does anyone know of such a person?  Is this a good move?  I guess I need someone to help me grow some more backbone.  Thanks for any assistance....


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## mark handler (Feb 21, 2014)

Hard to do from photos

Contact the local AIA  ask for a forensic Architect or Engineer

Or local chapter of the ICC


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## JPohling (Feb 21, 2014)

Actually Mark in this instance the code violation is obvious in the photos. Oldred is talking about an exterior egress stairway constructed without handrails.  Just need someone versed in the jurisdictions codes.


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## cda (Feb 21, 2014)

oldred said:
			
		

> Where would I find an expert on building codes to evaluate a current situation of alleged code violation?  I am not looking for trial testimony (yet), but just an evaluation of an existing condition.  Basically, I want to know, if from the photos I provide..... is there a code violation.  I would expect to pay for this service.  I am being beaten down so much at the local bldg. code level that before we move forward, spending our retirement funds to hire an attorney, trial experts, etc. I would like an expert in the field to evaluate the situation.  Credentials, lots of experience......does anyone know of such a person?  Is this a good move?  I guess I need someone to help me grow some more backbone.  Thanks for any assistance....


Nearby cities building dept that do stuff on the side or can refer you.

Just ask for help and do not tell them what city you are in till you get someone


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## mark handler (Feb 21, 2014)

JPohling said:
			
		

> Actually Mark in this instance the code violation is obvious in the photos. Oldred is talking about an exterior egress stairway constructed without handrails.  Just need someone versed in the jurisdictions codes.


"....in this instance the code..." in what instance, photos?

No always, obvious errors maybe, so much is missed without depth perception, dimensions, etcetera

And  many times what one person focusing on may not be the real violation.

Building departments maynot have the staff or the time to personally investigate. I will send my guys to investigate health and safety code violations, I will send code enforcement for other issues.


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## oldred (Feb 21, 2014)

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  These are the pictures that have been referred to.....There was no hand railing and light.  Both were installed after the accident.  The local code department is saying that there is no code violation now, or was there one in the past.  They say that this stairway is part of the sidewalk and therefore not subject to building codes.  I've stated our position to them that it is the exit discharge, but they continue to say it's a sidewalk. Any other questions please let me know Mr. Handler.  Thank you

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## mark handler (Feb 21, 2014)

What year was it built?

Is it a sfd or mfa product?

Under what code? Code cycle?

Was it permitted?

Were there multiple handrails at the time it was constructed?

If a mfa, was it built prior to the1990s?

Did it fall under the state's or fed's fair housing guidelines?


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## north star (Feb 21, 2014)

*= + = + =*



oldred,

sfd = single family dwelling,

mfa = multi-family [ type ] dwelling

FWIW, hiring a forensic architect or engineer will be expensive if

you decide to pursue that direction......"IF" you DO pursue it, you

may want to select one who is also CASp certified. [ CASp = California

Accessibility Specialist certified  ],  and has experience & other

credentials in this area........I know of a firm based in Birmingham, AL

that I can provide you their information.......Send me a  PM if you're

interested.......I'm not sure of what all they do, but they DO perform

Accessibility assessments.

Also, ...the Building Inspector [ in your application ] DOES  NOT have

the final word on this matter.......Unfortunately, you will have to go

to court to have a judge determine "the last word".

*+ = + = +*


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## mark handler (Feb 21, 2014)

north star said:
			
		

> oldred,
> 
> CASp = California


Being that oldred is in Virginia, I doubt a CAS will help


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## oldred (Feb 21, 2014)

Mr. Handler, Regrettably I do not have the answers to all your questions.  It was built in 1976.  There were no handrails at the time of construction, and no lighting.  City Hall maintains that the paperwork for this building and all other buildings on streets starting with the letter A, up to and through the letter M, were accidently destroyed.  Our street starts with the letter K.  I am sure that the 1975 BOCA codes applied.  It is an apartment in a complex of 22 buildings.  All other 21 buildings have lights at the exit discharge since the complex was built.  There are two other apartments with stairs and they have had handrails since the building was completed.  This apartment sits at the very end of the complex, the last building.  I can think of no other reason why it is the only building w/o handrails and lights.  The code/inspection department will not say that a code violation exits and base their findings on the fact that at our apartment building the stairs are not a part of the means of egress.  They steadfastly maintain that the stairs are part of the sidewalk and not the exit discharge.  My husband, 72 years of age, fell down the stairs one night.  It was dark and he could not see the stairs and slipped.  The insurance carrier is refusing to reimburse the cost of his teeth or his glasses.  He also sustained a level 3 concussion resulting now in cognitive brain impairment.  I have asked the code dept. for a meeting to present our information.  They responded yes, but they would not change their minds.  We declined such a meeting.  I had hoped to have a code violation so that we could then negotiate a settlement, but w/o a code violation the insurance carrier will not even talk to us.  Our landlord is a major landowner in the city.  Not sure how we will get the money for an attorney but now believe that is the course we will probably have to go. Thank you for your questions.  Wish I had all the answers.


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## oldred (Feb 21, 2014)

Mr. Handler, it is a mfa, an R-2.


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## cda (Feb 21, 2014)

Not a stair expert , but I think you need to focus on the stairs

And that i believe others have stated Stairs are required to have handrails no matter where they are at.

The city is suppose to know what building code was adopted which years

The city is suppose to have copies if old codes enforced.


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## oldred (Feb 21, 2014)

Thank you North Star.  I too am beginning to think we will have to hire an attorney.  I guess I just wanted someone else to say yes, it's a code violation.  City Hall did a job on me yesterday and I was questioning myself afterwards.  Accessibility is not the issue.  It will be eventually, but not at this time.  We can do seven stairs with a handrail.  Our son found this apartment for us. We were out of state and took it sight unseen.  He, son, knows of the neurological difficulties I have but at age 27, well his mind is often elsewhere.  I seldom went out and my husband did all the outside stuff.....until the fall.  Yes, you are correct, we will probably have to go to court.


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## Frank (Feb 21, 2014)

The question of if this is a Virginia Construction Code Violation is one of scoping, not of the technical provisions of the code.

From the Virginia code.

"102.2 Scope. This section establishes the scope of the USBC in accordance with Section 36-98 of the Code of Virginia. TheUSBC shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies. This code also shall supersede the provisions of local ordinances applicable to single-family residential

construction that (i) regulate dwelling foundations or crawl spaces, (ii) require the use of specific building materials or

finishes in construction, or (iii) require minimum surface area or numbers of windows; however, this code shall not

supersede proffered conditions accepted as a part of a rezoning application, conditions imposed upon the grant of special

exceptions, special or conditional use permits or variances, conditions imposed upon a clustering of single-family homes

and preservation of open space development through standards, conditions, and criteria established by a locality pursuant to

subdivision 8 of Section 15.2-2242 of the Code of Virginia or subdivision A 12 of Section 15.2-2286 of the Code of

Virginia, or land use requirements in airport or highway overlay districts, or historic districts created pursuant to Section

15.2-2306 of the Code of Virginia, or local flood plain regulations adopted as a condition of participation in the National

Flood Insurance Program.

Note: Requirements relating to functional design are contained in Section 103.11 of this code.

102.2.1 Invalidity of provisions. To the extent that any provisions of this code are in conflict with Chapter 6 (Section

36-97 et seq.) of Title 36 of the Code of Virginia or in conflict with the scope of the USBC, those provisions are

considered to be invalid to the extent of such conflict.

102.3 Exemptions. The following are exempt from this code:

...

3. Parking lots and sidewalks, which are not part of an accessible route.

...

6. Farm buildings and structures, except for a building or a portion of a building located on a farm that is operated as

a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of

Health pursuant to Chapter 2 (Section 35.1-11 et seq.) of Title 35.1 of the Code of Virginia. However, farm

buildings and structures lying within a flood plain or in a mudslide-prone area shall be subject to flood-proofing

regulations or mudslide regulations, as applicable."

Given the wording "which are not part of an accessible route" would leave sidewalks that are part of the means of exit discharge outside the scope of the building code.  On newer buildings with required accessible routes much of the means of egress is typically included, but this is obviously not part of an accessible route.

The local officials saying that it is not a code violation is not an endorsement that it is/was a safe situation.

A number of years ago we had an abandoned silo in a soybean field collapse while children from the adjacent subdivision were playing in/around it.  One child was killed by the tons of clay tiles falling on him.  We could not order the adjacent similarly deteriorated silo removed, because there was no code violation because these farm buildings were exempt from the code.

The fact that it is not subject to the building code, does not relieve the landlord of the duty to provide a safe premises.

Where you need to be looking is for a Personal Injury Attorney willing to take the case on a contingency basis, he will have access to the necessary experts to say if it was or was not a safe condition.

It is also probably time to start considering moving to a more accessible complex.

It is a difficult situation


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## Francis Vineyard (Feb 21, 2014)

Review carefully to see if it applies; http://www.oag.state.va.us/Consumer%20Protection/Consumer_2012/Residential_Landlord_Tenant_Issues.pdf


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## oldred (Feb 21, 2014)

cda, they (city hall) have told me that they do not have a copy of the 1975 BOCA book.  Yes, it does come down to the handrail.  The lack of lighting however, will certainly not hurt the case if we do end up in court.


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## oldred (Feb 21, 2014)

Francis Vineyard, it does not seem to apply except for eviction.  We have always been good tenants, pay rent on time, no complaints against us, but this issue may convince the landlord that he wants us gone.  Also, reporting code violations to the city has gotten us nowhere.  I do, however, like the referrals for legal assistance.  That section will come in handy.  Thank you.


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## conarb (Feb 21, 2014)

Oldred:

I do that here in California, go to your local law library and ask the librarian for a copy of the local bar journal (a glossy magazine), in there you will see all kinds of advertisements placed by expert witness firms, when you call them to select the right firm ask if they have access to older codes.   Some law libraries have copies of older codes too, so ask the law librarian where the building codes are located.  I don't know about Virginia, but here every county has a free law library as well as every law school, these resources are free to all and I think you'll find the law librarians nice and very helpful finding things, they are barred from interpreting the law or giving legal advice.


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## mark handler (Feb 21, 2014)

oldred said:
			
		

> Mr. Handler, it is a mfa, an R-2.


Multi Family Attached can be an R2 or R1, per the building code


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## oldred (Feb 21, 2014)

Frank, tons of info.  I'm going to print out everything and go to a corner with pencil and paper and try to work it out.  I do know that the USBC was adopted by VA in 1973, so this language should be applicable.  Thank you Frank, I'll get through it and will post back.  Yes, it is time we look for a more accessible complex.  We have family in Florida and I need some family around us.  We will not head in that direction though until a decision has been made here, on this case.....or at least in the hands of a good attorney.  I am afraid that if we move before then we will not come back to finish it.  We are not adversarial people, but we cannot walk away from this fight.


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## mark handler (Feb 21, 2014)

1975 BOCA

http://shop.iccsafe.org/catalogsearch/result/?order=relevance&dir=desc&q=1975+BOCA+


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## oldred (Feb 21, 2014)

Conarb, no, no local law libraries.  I even called Liberty University, here in Lynchburg, which has a law program and was told, no, there is no library at the University or in the city for public access.  Good suggestion though, thank you.


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## oldred (Feb 21, 2014)

Thank you Mr. Handler.  I've been ordering from the International Code office in Chicago and paying a $1.00 per page, $20.00 minimum per order for 1975 Boca codes.  At $60.00 it seems smarter to make that purchase.....especially going forward with the case.


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## oldred (Feb 21, 2014)

Mr. Handler, per article 2 (definitions) of the 1975 BOCA codes we would qualify as an R-2.  There are 8 apartments in this building.


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## cda (Feb 21, 2014)

oldred said:
			
		

> cda, they (city hall) have told me that they do not have a copy of the 1975 BOCA book.  Yes, it does come down to the handrail.  The lack of lighting however, will certainly not hurt the case if we do end up in court.


That is what you need to focus on

Get the code sections that say when stairs need handrails

I hate to say it when someone comes in and wants to talk about the dog down the street , neighbors fence, the large tree in the park, I get turned off when they really have one specific code issue we could be talking abut


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## Mech (Feb 21, 2014)

Since  it appears this must go to court, do you have photos before the  handrail and light were installed?  Is there a way to date the photos?   If digital, is there a stamp in the picture file stating when the photo  was taken?  If you used a film camera, is there a date on the back side  of the photo?

Do you have any pictures of the work being done?

I wonder if the landlord would need a permit to install the light post or handrail and if he got one.


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## oldred (Feb 22, 2014)

Mech, The street and all therein is "private", not public.  I do have pictures of before....my son went out with a newspaper and put it in front of the construction as it was going on.  Also, I do not believe that the landowners would falsify anything.  I may be crazy but I trust them.  Up until this point there has been no attempt to falsify.  They have really been good landlords and if I didn't have my husband to consider I think I would just like to pack it up now and move south, but that is not possible, and yes, we are probably headed to court.


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## oldred (Feb 22, 2014)

@ Frank: "102.3 Exemptions. The following are exempt from this code:

...

3. Parking lots and sidewalks, which are not part of an accessible route."  I believe the sidewalk, in my situation is part of the accessible route.  You have to cross over the sidewalk to get to the street, to the public area, as defined in BOCA.  Am I misreading?

and.....my above comments about heading south were full of self pity.  People are fighting a lot more heavier battles in their lives then my husband and me.  Thanks again for all the info, and onto find an attorney.


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## RLGA (Feb 24, 2014)

I know of someone in North Carolina that I can give contact information.  Send me a private message if you're interested.


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## Frank (Feb 24, 2014)

oldred said:
			
		

> @ Frank: "102.3 Exemptions. The following are exempt from this code:...
> 
> 3. Parking lots and sidewalks, which are not part of an accessible route."  I believe the sidewalk, in my situation is part of the accessible route.  You have to cross over the sidewalk to get to the street, to the public area, as defined in BOCA.  Am I misreading?


Unfortunately yes, the accessible route referred to is an accessible route for presons with disabilities.


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## cda (Feb 24, 2014)

When do stairs require handrails ???

Is it so many risers???

And is it the same in boca?


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## Frank (Feb 24, 2014)

cda said:
			
		

> When do stairs require handrails ???Is it so many risers???
> 
> And is it the same in boca?


IF these stairs were covered by the 1975 VA USBC referencing 1975 BOCA, then handrails with extensions would have been required on both sides.  However the question is are they regulated by the VA USBC in the first place or are they exempt.  The locality has determined that they are exempt with what looks like a reasonable interpretation of the Virginia scoping requirements.  In a training class for site contractors I had a slide of a set of steps along a sidewalk and said that they were exempt from the code (had a ramp for accessible route)  but that the code requirements would likely be looked at after a slip and fall as guidance for what good practice is even if the Building Inspector did not enforce it on those steps.


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## oldred (Feb 24, 2014)

Frank, I don't understand the VA scoping requirements. There is no "accessible route" from the building for disabled exit.  I'm not understanding but appreciate the help.  Where can I find out more about VA scoping requirements.  Many if I could read a little more then I would understand.  It doesn't sound like good news.


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## oldred (Feb 24, 2014)

***correction: maybe not many.  Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps."  That does not sound like good policy.  Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing?  Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?


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## tmurray (Feb 24, 2014)

oldred said:
			
		

> ***correction: maybe not many.  Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps."  That does not sound like good policy.  Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing?  Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?


I think Frank is referring to what the contractor would do. Most contractors (even though they are exposed as bogeymen by Mike Holmes) are good people who wouldn't want someone to get hurt because they didn't do something. So, if a contractor heard someone fell because they didn't put a handrail in (even if it is not required by code) many may put one in in future to prevent someone else from getting hurt. There are a surprising amount of things that get done in construction, not because it is a code requirement, but because it is a best practice.


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## Frank (Feb 24, 2014)

oldred said:
			
		

> ***correction: maybe not many.  Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps."  That does not sound like good policy.  Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing?  Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?


No that is what the personal injury attoney's expert uses as a standard of care.


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## oldred (Feb 24, 2014)

Thank you tmurray.  Holmes seems too authoritative to me......but he is popular.  I've never had a problem with a contractor when we did renovations.  Only good experiences.


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## oldred (Feb 24, 2014)

One more question Frank, is the personal injury attorney working for the plaintiff (us) or the defense?  Can you tell I'm still lost.  Knowing you are from VA, what you say carries a lot of weight.  I'm just having trouble understanding.  Guess I put so much time into the 1975 BOCA codes that my mind is too full :-?


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## Frank (Feb 25, 2014)

oldred said:
			
		

> One more question Frank, is the personal injury attorney working for the plaintiff (us) or the defense?  Can you tell I'm still lost.  Knowing you are from VA, what you say carries a lot of weight.  I'm just having trouble understanding.  Guess I put so much time into the 1975 BOCA codes that my mind is too full :-?


The one you consult with/retain works for you.  The defense (or their insurance company) will get their own as well.  Most reputable ones will do an intial consultation for free--it is their sales pitch to you.

I would search yellow pages etc for local personal injury attorney that has an actual local address and give them a call.  The others are referral groups.  I am sure you have also seen localmedia and billboard ads that run some thing like Injured? call...

http://www.yellowpages.com/lynchburg-va/personal-injury-attorney?g=Lynchburg%2C+VA&q=personal+injury+attorney


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## Francis Vineyard (Feb 25, 2014)

Doesn't cost to ask; http://www.vsb.org/site/pro_bono/resources-for-the-public


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## oldred (Feb 26, 2014)

Thank you Francis.  We will call.


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## Francis Vineyard (Feb 27, 2014)

*PREVIOUS ADOPTIONS and AMENDMENTS of the USBC*
​

The 
​

_Virginia Uniform Statewide Building Code _(USBC)was first adopted in 1973 by the State Board of Housing. Responsibility forthe USBC passed to the State Board of Housing and Community Development on July 1, 1978. The initial adoption and subsequentamendments by these Boards are indicated below:
​*1973 Edition*
​

Effective date: September 1, 1973Title: Virginia Uniform Statewide Building Code,Administrative Amendments, 1973 EditionMajor reference standards:BOCA Basic Building Code/1970, with1972 Accumulative SupplementBOCA Basic Mechanical Code/1971BOCA Basic Plumbing Code/1970, with1972 Accumulative SupplementNFPA National Electrical Code/1971One and Two Family Dwelling Code/1971
​

*1974 Accumulative Supplement*
​

Effective date: April 1, 1974Title: 1974 Accumulative Supplement toVirginia Uniform Statewide Building CodeMajor reference standards:BOCA Basic Building Code/1970, with1972 Accumulative SupplementBOCA Basic Mechanical Code/1971BOCA Basic Plumbing Code/1970, with1972 Accumulative SupplementNFPA National Electrical Code/1971
​

*1975 Accumulative Supplement*
​

Effective date: February 7, 1976Title: 1975 Accumulative Supplement toVirginia Uniform Statewide Building CodeMajor reference standards:BOCA Basic Building Code/1975BOCA Basic Mechanical Code/1975BOCA Basic Plumbing Code/1975NFPA National Electrical Code/1975
​One and Two Family Dwelling Code/1975

*1970 BOCA*


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## oldred (Feb 27, 2014)

View attachment 1016


Thank you Francis.  The applicable language is from the 1975 BOCA book, but the language is the same in both.  I've also several illustrations on the means of egress.  Francis, I am finding that money I'm up against a very powerful entity.  Going to keep fighting though and I appreciate the help.  This illustration I chose to show is almost identical to our bldg. layout.  The final stretch between the end of the building walls and the public way/street, would be the stairs in our bldg.
	

		
			
		

		
	

View attachment 1016


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