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Building Code Issue – California

user-2740218 | Posted in General Discussion on March 7, 2016 11:55am

Hi All,

I have run into an issue.  Anyone with any ideas would be great.
 
The problem.  We have a house with two rooms on the second story.  The second story is built with roof Truss’s that go down to the plates at the top of the first floor.  7.8:12 pitch.  There is a center interior staircase.  The rooms have only one window each in the gable end of the rooms.
 
One of these windows opens to over the roof of the garage which roof cuts across just below the window.
I am planning on extending the garage in a big way.
 
The problem is the local building inspector, a one man town, is asking for justification on California CRC Section R310.1.
 
The new design has a roof deck outside that wall which had the window.  We are taking the window out and extending the room by 5 feet and placing a French door in its place.  The roof deck will have a stair case at the rear.  The center of the extension with the doors will be covered but both sides will be open to the world.  If you are standing at the door you will see a wall about 6 feet sway which is 1/2 of the new garage which will be 16 feet tall (RV or car stacker).
 
I looked up the California Fire Code, which is more extensive than the California Residential Code and they have a section that says a balcony leading to the yard is ok, but the residential code using almost the same language, does not talk about a balcony.
 
Has anyone every run into this issue?
 
Thanks, JD.
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Replies

  1. wmheinz | Mar 07, 2016 06:13pm | #1

    Confused..

    Regarding the code listed as CRC Section R310.1....  I don't live in CA, but I looked this up and it seems to relate to egress from basements.  Not sure this is the right code reference..

    Regarding the inspector...it seems the roles here are reversed.  He should be able to tell you specifically how you are in violation of the code.  What did he have to say??

    Plans or drawings would really help.  Let me se if I understand what you are doing...you're adding to your garage and, above half of that addition, you are extending to the upper floor room and adding a roof deck next to this room.  The other half of the garage will block the deck, but the deck will be open both sides of the second floor addition. 

    We have often built bedrooms on upper floors that had roof decks and the doors exiting onto the roof deck are the egress doors for the bedroom.  I don't see the issue..  I don't even know of a requirement for the balcony or roof deck serving one room needing a separate stairway down to grade...an egress window on the second floor is not required a stairway....  If the door is open to the deck and the deck is open to the yard, I don't see the issue.

  2. User avater
    Mike_Mahan | Mar 08, 2016 09:38am | #2

    Roof deck.

    310.1 is about egress from bedrooms. Although it does not specifically say so a roof deck or balcony is perfectly acceptable. If your inspector needs conformation point to the nearest 2 story motel. It would be especially good if it were in your town. 

  3. user-2740218 | Mar 09, 2016 11:19am | #3

    Building Code Issue

    Hi All, Thanks for the help.

    I do think this is the correct code:

    "R310.1 escape and rescue required. Basements, habitable attics and every sleeping room shall have at least one operable emergency escape and rescue opening...Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way."

    His issue is that since there is a covered "porch" over the french doors and that there is no "sky" directly outsideof the doors looking up that this does not meet the code.

    The silly thing is that according to the articles I have read which stand behind the CRC>ICC>reasearch link all say that two independant walkable exits from a room or story which do not share the same path and are at opposite ends of the room/floor are the "gold standard" for Emergency Escape.

    This really is stupid bureaucratic crap run amock.

    I met with my draftsman yesterday and since that room currently does not have a closet and is open to the inteior staircase (no wall or door, which was removed by a previous owner) that we can lable the room as a study-office and R310.1 does not then apply.

    I just don't want to get roped in with not being able to rebuild the removed wall some day...

    Thoughts?  Thanks, JD.

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