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RG

Randall Gilbert

Thu, Mar 10, 2011 10:32 PM

This guy may know something about the codes from way-back-then...

Noah's Ark in Today's Society...

The Lord speaks to Noah and says: "In one year, I am going to make it rain and cover the whole Earth with water until all is destroyed. But I want you to save the righteous people and two of every kind of living thing on the Earth. Therefore, I am commanding you to build an Ark."

In a flash of lightning, God delivered the specifications for an Ark.

Fearful and trembling, Noah took the plans and agreed to build the Ark.

"Remember," said the Lord, "You must complete the Ark and bring everything aboard in one year."

Exactly one year later, a fierce storm cloud formed and all the seas of the earth went into a tumult. The Lord saw Noah sitting in his front yard weeping.

"Noah." He shouted, "Where is the Ark?"

"Lord, please forgive me!" cried Noah. "I did my best but there were big problems. First, I had to get a permit for construction and your plans did not comply with the codes. I had to hire an engineering firm and redraw the plans.

Then I got into a fight with OSHA over whether or not the Ark needed a fire sprinkler system and floatation devices.

Then my neighbor objected, claiming I was violating zoning ordinances by building the Ark in my front yard, so I had to get a variance from the city planning commission.

I had problems getting enough wood for the Ark, because there was a ban on cutting trees to protect the Spotted Owl. I finally convinced the U.S. Forest Service that I needed the wood to save the owls.

However, the Fish and Wildlife Service won't let me catch any owls. So, no owls.

The carpenters formed a union and went out on strike. I had to negotiate a settlement with the National Labor Union. Now I have 16 carpenters on the Ark, but still no owls.

When I started rounding up the other animals, I got sued by an animal rights group. They objected to me only taking two of each kind aboard.

[cid:image001.gif@01CBDF49.1F2BC540]
Just when I got the suit dismissed, the EPA notified me that I could not complete the Ark without filing an environmental impact statement on your proposed flood. They didn't take very kindly to the idea that they had no jurisdiction over the conduct of the Creator of the universe.

Then the Army Corps of Engineer demanded a map of the proposed new flood plain. I sent them a globe.

Right now, I am trying to resolve a complaint filed with the Equal Employment Opportunity Commission that I am practicing discrimination by not taking godless, unbelieving people aboard!

The IRS has seized all my assets, claiming that I'm building the Ark in preparation to flee the country to avoid paying taxes.

[cid:image002.gif@01CBDF49.1F2BC540]
I just got a notice from the State that I owe some kind of user tax and failed to register the Ark as a 'recreational water craft.'

Finally the ACLU got the courts to issue an injunction against further construction of the Ark, saying that since God is flooding the earth, it is a religious event and therefore unconstitutional.

I really don't think I can finish the Ark for another 5 or 6 years!" Noah wailed.

The sky began to clear, the sun began to shine and the seas began to calm. A rainbow arched across the sky.

[cid:image003.gif@01CBDF49.1F2BC540]
Noah looked up hopefully. "You mean you are not going to destroy the Earth, Lord?"

"No," said the Lord sadly. "The government already has!"

Sincerely yours,
Randall Gilbert, Esq.
Board Certified Construction Lawyer

[cid:image004.jpg@01CBDF49.1F2BC540][cid:image005.gif@01CBDF49.1F2BC540]

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt
Sent: Thursday, March 10, 2011 11:26 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Expert: Fire codes

Everyone,

I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building's value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge.

Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently?

Thanks.

Richard A. Burt, Esq.

Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.com mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

This guy may know something about the codes from way-back-then... Noah's Ark in Today's Society... The Lord speaks to Noah and says: "In one year, I am going to make it rain and cover the whole Earth with water until all is destroyed. But I want you to save the righteous people and two of every kind of living thing on the Earth. Therefore, I am commanding you to build an Ark." In a flash of lightning, God delivered the specifications for an Ark. Fearful and trembling, Noah took the plans and agreed to build the Ark. "Remember," said the Lord, "You must complete the Ark and bring everything aboard in one year." Exactly one year later, a fierce storm cloud formed and all the seas of the earth went into a tumult. The Lord saw Noah sitting in his front yard weeping. "Noah." He shouted, "Where is the Ark?" "Lord, please forgive me!" cried Noah. "I did my best but there were big problems. First, I had to get a permit for construction and your plans did not comply with the codes. I had to hire an engineering firm and redraw the plans. Then I got into a fight with OSHA over whether or not the Ark needed a fire sprinkler system and floatation devices. Then my neighbor objected, claiming I was violating zoning ordinances by building the Ark in my front yard, so I had to get a variance from the city planning commission. I had problems getting enough wood for the Ark, because there was a ban on cutting trees to protect the Spotted Owl. I finally convinced the U.S. Forest Service that I needed the wood to save the owls. However, the Fish and Wildlife Service won't let me catch any owls. So, no owls. The carpenters formed a union and went out on strike. I had to negotiate a settlement with the National Labor Union. Now I have 16 carpenters on the Ark, but still no owls. When I started rounding up the other animals, I got sued by an animal rights group. They objected to me only taking two of each kind aboard. [cid:image001.gif@01CBDF49.1F2BC540] Just when I got the suit dismissed, the EPA notified me that I could not complete the Ark without filing an environmental impact statement on your proposed flood. They didn't take very kindly to the idea that they had no jurisdiction over the conduct of the Creator of the universe. Then the Army Corps of Engineer demanded a map of the proposed new flood plain. I sent them a globe. Right now, I am trying to resolve a complaint filed with the Equal Employment Opportunity Commission that I am practicing discrimination by not taking godless, unbelieving people aboard! The IRS has seized all my assets, claiming that I'm building the Ark in preparation to flee the country to avoid paying taxes. [cid:image002.gif@01CBDF49.1F2BC540] I just got a notice from the State that I owe some kind of user tax and failed to register the Ark as a 'recreational water craft.' Finally the ACLU got the courts to issue an injunction against further construction of the Ark, saying that since God is flooding the earth, it is a religious event and therefore unconstitutional. I really don't think I can finish the Ark for another 5 or 6 years!" Noah wailed. The sky began to clear, the sun began to shine and the seas began to calm. A rainbow arched across the sky. [cid:image003.gif@01CBDF49.1F2BC540] Noah looked up hopefully. "You mean you are not going to destroy the Earth, Lord?" "No," said the Lord sadly. "The government already has!" Sincerely yours, Randall Gilbert, Esq. Board Certified Construction Lawyer [cid:image004.jpg@01CBDF49.1F2BC540][cid:image005.gif@01CBDF49.1F2BC540] From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt Sent: Thursday, March 10, 2011 11:26 AM To: 'RPPTL constructionlaw' Subject: [RPPTL-constructionlaw] Expert: Fire codes Everyone, I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building's value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge. Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently? Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/>

RA

Richard A. Burt

Thu, Mar 10, 2011 11:06 PM

Thanks, Randall.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Randall Gilbert
Sent: Thursday, March 10, 2011 5:32 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

This guy may know something about the codes from way-back-then...

Noah's Ark in Today's Society...

The Lord speaks to Noah and says: "In one year, I am going to make it rain and cover the whole Earth with water until all is destroyed. But I want you to save the righteous people and two of every kind of living thing on the Earth. Therefore, I am commanding you to build an Ark."

In a flash of lightning, God delivered the specifications for an Ark.

Fearful and trembling, Noah took the plans and agreed to build the Ark.

"Remember," said the Lord, "You must complete the Ark and bring everything aboard in one year."

Exactly one year later, a fierce storm cloud formed and all the seas of the earth went into a tumult. The Lord saw Noah sitting in his front yard weeping.

"Noah." He shouted, "Where is the Ark?"

"Lord, please forgive me!" cried Noah. "I did my best but there were big problems. First, I had to get a permit for construction and your plans did not comply with the codes. I had to hire an engineering firm and redraw the plans.

Then I got into a fight with OSHA over whether or not the Ark needed a fire sprinkler system and floatation devices.

Then my neighbor objected, claiming I was violating zoning ordinances by building the Ark in my front yard, so I had to get a variance from the city planning commission.

I had problems getting enough wood for the Ark, because there was a ban on cutting trees to protect the Spotted Owl. I finally convinced the U.S. Forest Service that I needed the wood to save the owls.

However, the Fish and Wildlife Service won't let me catch any owls. So, no owls.

The carpenters formed a union and went out on strike. I had to negotiate a settlement with the National Labor Union. Now I have 16 carpenters on the Ark, but still no owls.

When I started rounding up the other animals, I got sued by an animal rights group. They objected to me only taking two of each kind aboard.

[Noah's Ark]
Just when I got the suit dismissed, the EPA notified me that I could not complete the Ark without filing an environmental impact statement on your proposed flood. They didn't take very kindly to the idea that they had no jurisdiction over the conduct of the Creator of the universe.

Then the Army Corps of Engineer demanded a map of the proposed new flood plain. I sent them a globe.

Right now, I am trying to resolve a complaint filed with the Equal Employment Opportunity Commission that I am practicing discrimination by not taking godless, unbelieving people aboard!

The IRS has seized all my assets, claiming that I'm building the Ark in preparation to flee the country to avoid paying taxes.

[Noah's Ark]
I just got a notice from the State that I owe some kind of user tax and failed to register the Ark as a 'recreational water craft.'

Finally the ACLU got the courts to issue an injunction against further construction of the Ark, saying that since God is flooding the earth, it is a religious event and therefore unconstitutional.

I really don't think I can finish the Ark for another 5 or 6 years!" Noah wailed.

The sky began to clear, the sun began to shine and the seas began to calm. A rainbow arched across the sky.

[Noah's Ark]
Noah looked up hopefully. "You mean you are not going to destroy the Earth, Lord?"

"No," said the Lord sadly. "The government already has!"

Sincerely yours,

Randall Gilbert, Esq.
Board Certified Construction Lawyer

[Randall-Gilbert][Construction-Law]

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt
Sent: Thursday, March 10, 2011 11:26 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Expert: Fire codes

Everyone,

I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building's value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge.

Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently?

Thanks.

Richard A. Burt, Esq.

Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.com mailto:dick@burt-burt.com
www.burt-burt.com http://www.burt-burt.com/

Thanks, Randall. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Randall Gilbert Sent: Thursday, March 10, 2011 5:32 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes This guy may know something about the codes from way-back-then... Noah's Ark in Today's Society... The Lord speaks to Noah and says: "In one year, I am going to make it rain and cover the whole Earth with water until all is destroyed. But I want you to save the righteous people and two of every kind of living thing on the Earth. Therefore, I am commanding you to build an Ark." In a flash of lightning, God delivered the specifications for an Ark. Fearful and trembling, Noah took the plans and agreed to build the Ark. "Remember," said the Lord, "You must complete the Ark and bring everything aboard in one year." Exactly one year later, a fierce storm cloud formed and all the seas of the earth went into a tumult. The Lord saw Noah sitting in his front yard weeping. "Noah." He shouted, "Where is the Ark?" "Lord, please forgive me!" cried Noah. "I did my best but there were big problems. First, I had to get a permit for construction and your plans did not comply with the codes. I had to hire an engineering firm and redraw the plans. Then I got into a fight with OSHA over whether or not the Ark needed a fire sprinkler system and floatation devices. Then my neighbor objected, claiming I was violating zoning ordinances by building the Ark in my front yard, so I had to get a variance from the city planning commission. I had problems getting enough wood for the Ark, because there was a ban on cutting trees to protect the Spotted Owl. I finally convinced the U.S. Forest Service that I needed the wood to save the owls. However, the Fish and Wildlife Service won't let me catch any owls. So, no owls. The carpenters formed a union and went out on strike. I had to negotiate a settlement with the National Labor Union. Now I have 16 carpenters on the Ark, but still no owls. When I started rounding up the other animals, I got sued by an animal rights group. They objected to me only taking two of each kind aboard. [Noah's Ark] Just when I got the suit dismissed, the EPA notified me that I could not complete the Ark without filing an environmental impact statement on your proposed flood. They didn't take very kindly to the idea that they had no jurisdiction over the conduct of the Creator of the universe. Then the Army Corps of Engineer demanded a map of the proposed new flood plain. I sent them a globe. Right now, I am trying to resolve a complaint filed with the Equal Employment Opportunity Commission that I am practicing discrimination by not taking godless, unbelieving people aboard! The IRS has seized all my assets, claiming that I'm building the Ark in preparation to flee the country to avoid paying taxes. [Noah's Ark] I just got a notice from the State that I owe some kind of user tax and failed to register the Ark as a 'recreational water craft.' Finally the ACLU got the courts to issue an injunction against further construction of the Ark, saying that since God is flooding the earth, it is a religious event and therefore unconstitutional. I really don't think I can finish the Ark for another 5 or 6 years!" Noah wailed. The sky began to clear, the sun began to shine and the seas began to calm. A rainbow arched across the sky. [Noah's Ark] Noah looked up hopefully. "You mean you are not going to destroy the Earth, Lord?" "No," said the Lord sadly. "The government already has!" Sincerely yours, Randall Gilbert, Esq. Board Certified Construction Lawyer [Randall-Gilbert][Construction-Law] From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt Sent: Thursday, March 10, 2011 11:26 AM To: 'RPPTL constructionlaw' Subject: [RPPTL-constructionlaw] Expert: Fire codes Everyone, I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building's value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge. Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently? Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com<mailto:dick@burt-burt.com> www.burt-burt.com<http://www.burt-burt.com/>

CL

Chris Lamia

Fri, Mar 11, 2011 2:15 AM

Hi Herb! How are you? I always tell the story about you making opposing counsels chair low in meetings and depositions. It is still a riot.

Take care!
Chris Lamia

Christine E. Lamia
Chair, Litigation Practice Group
Board Certified in Construction Law
Bryant
Miller
Olive
101 North Monroe St. Suite 900
Tallahassee, FL 32301
(850) 222-8611
(850) 222-8969 (Fax)
clamia@bmolaw.com mailto:clamia@bmolaw.com

TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brock, Herbert
Sent: Thursday, March 10, 2011 4:15 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

Fred I am going to keep this email

http://www.becker-poliakoff.com/ Herbert O. Brock, Jr.
Attorney at Law
Board Certified Construction Lawyer
by the Florida Bar

Becker & Poliakoff, P.A.

Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Fort Myers, FL 33966

239.433.7707 Phone
239.433.5933 Fax
HBrock@becker-poliakoff.com
www.becker-poliakoff.com

From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com]
Sent: Thursday, March 10, 2011 03:46 PM
To: constructionlaw@lists.flabarrpptl.org constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

I only know Mr. Ford by reputation, but most building code officials are NOT experts on the fire codes.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301

Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471

fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Sent from my BlackBerry Wireless Handheld

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com mailto:CARE@becker-poliakoff.com .
From: Kevin Schoeppel [mailto:kschoeppel@ds-law.net]
Sent: Thursday, March 10, 2011 03:22 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

We use Don Ford who is the building inspector for Neptune Beach. He is also on the First Coast Chapter of the International Code Council and Building Officials Association of Florida. He has testified for us on numerous code issues for apt complexes. He is honest and not that expensive. His phone number is 904.235.3649.

Kevin A. Schoeppel, Esquire
DURANT & SCHOEPPEL, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel@ds-law.net
Website: www.ds-law.net http://www.ds-law.net/

The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.

On Mar 10, 2011, at 11:25 AM, Richard A. Burt wrote:

Everyone,
 
I have a client who has owned an apartment building which has housed college students for over 20 years.  Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection.  Recently, the inspection function was transferred to the local fire department.  The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times.  This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building’s value.  Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge.
 
Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently?
 
Thanks.
 
Richard A. Burt, Esq.
 
Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.com
www.burt-burt.com <http://www.burt-burt.com/> 
 
 
 
 
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NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Hi Herb! How are you? I always tell the story about you making opposing counsels chair low in meetings and depositions. It is still a riot. Take care! Chris Lamia Christine E. Lamia Chair, Litigation Practice Group Board Certified in Construction Law Bryant Miller Olive 101 North Monroe St. Suite 900 Tallahassee, FL 32301 (850) 222-8611 (850) 222-8969 (Fax) clamia@bmolaw.com <mailto:clamia@bmolaw.com> TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brock, Herbert Sent: Thursday, March 10, 2011 4:15 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes Fred I am going to keep this email <http://www.becker-poliakoff.com/> Herbert O. Brock, Jr. Attorney at Law Board Certified Construction Lawyer by the Florida Bar Becker & Poliakoff, P.A. Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Fort Myers, FL 33966 239.433.7707 Phone 239.433.5933 Fax HBrock@becker-poliakoff.com www.becker-poliakoff.com From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com] Sent: Thursday, March 10, 2011 03:46 PM To: constructionlaw@lists.flabarrpptl.org <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes I only know Mr. Ford by reputation, but most building code officials are NOT experts on the fire codes. Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com <mailto:fred.dudley@hklaw.com> | www.hklaw.com <http://www.hklaw.com/> -------------------------- Sent from my BlackBerry Wireless Handheld Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com <mailto:CARE@becker-poliakoff.com> . From: Kevin Schoeppel [mailto:kschoeppel@ds-law.net] Sent: Thursday, March 10, 2011 03:22 PM To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes We use Don Ford who is the building inspector for Neptune Beach. He is also on the First Coast Chapter of the International Code Council and Building Officials Association of Florida. He has testified for us on numerous code issues for apt complexes. He is honest and not that expensive. His phone number is 904.235.3649. Kevin A. Schoeppel, Esquire DURANT & SCHOEPPEL, P.A. 6550 St. Augustine Rd., Ste. 105 Jacksonville, FL 32217 Phone: (904) 652-2600 Fax: (904) 652-2610 Email: kschoeppel@ds-law.net Website: www.ds-law.net <http://www.ds-law.net/> The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. On Mar 10, 2011, at 11:25 AM, Richard A. Burt wrote: Everyone, I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building’s value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge. Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently? Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com www.burt-burt.com <http://www.burt-burt.com/> _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw ________________________________ To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

BH

Brock, Herbert

Fri, Mar 11, 2011 1:27 PM

Doing well Chris
How are you

From: Chris Lamia [mailto:clamia@bmolaw.com]
Sent: Thursday, March 10, 2011 09:15 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

Hi Herb! How are you? I always tell the story about you making opposing counsels chair low in meetings and depositions. It is still a riot.

Take care!
Chris Lamia

Christine E. Lamia
Chair, Litigation Practice Group
Board Certified in Construction Law
Bryant
Miller
Olive
101 North Monroe St. Suite 900
Tallahassee, FL 32301
(850) 222-8611
(850) 222-8969 (Fax)
clamia@bmolaw.com mailto:clamia@bmolaw.com

TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A.

Herbert O. Brock, Jr.
Attorney at Law
Board Certified Construction Lawyer
by the Florida Bar
Becker & Poliakoff, P.A.
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Fort Myers, FL 33966

239.433.7707 Phone
239.433.5933 Fax

HBrock@becker-poliakoff.com
http://www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brock, Herbert
Sent: Thursday, March 10, 2011 4:15 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

Fred I am going to keep this email

http://www.becker-poliakoff.com/ Herbert O. Brock, Jr.
Attorney at Law
Board Certified Construction Lawyer
by the Florida Bar

Becker & Poliakoff, P.A.

Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Fort Myers, FL 33966

239.433.7707 Phone
239.433.5933 Fax
HBrock@becker-poliakoff.com
www.becker-poliakoff.com

From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com]
Sent: Thursday, March 10, 2011 03:46 PM
To: constructionlaw@lists.flabarrpptl.org constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

I only know Mr. Ford by reputation, but most building code officials are NOT experts on the fire codes.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301

Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471

fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Sent from my BlackBerry Wireless Handheld

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com mailto:CARE@becker-poliakoff.com .
From: Kevin Schoeppel [mailto:kschoeppel@ds-law.net]
Sent: Thursday, March 10, 2011 03:22 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

We use Don Ford who is the building inspector for Neptune Beach. He is also on the First Coast Chapter of the International Code Council and Building Officials Association of Florida. He has testified for us on numerous code issues for apt complexes. He is honest and not that expensive. His phone number is 904.235.3649.

Kevin A. Schoeppel, Esquire
DURANT & SCHOEPPEL, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel@ds-law.net
Website: www.ds-law.net http://www.ds-law.net/

The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.

On Mar 10, 2011, at 11:25 AM, Richard A. Burt wrote:

Everyone,
 
I have a client who has owned an apartment building which has housed college students for over 20 years.  Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection.  Recently, the inspection function was transferred to the local fire department.  The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times.  This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building’s value.  Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge.
 
Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently?
 
Thanks.
 
Richard A. Burt, Esq.
 
Richard A. Burt, Esq.
BURT & BURT
220 So. Ridgewood Avenue
Suite 200
Daytona Beach, Florida 32114
(386) 252-2090 (office)
(866) 240-7043 (facsimile)
dick@burt-burt.com
www.burt-burt.com <http://www.burt-burt.com/> 
 
 
 
 
_______________________________________________
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Doing well Chris How are you From: Chris Lamia [mailto:clamia@bmolaw.com] Sent: Thursday, March 10, 2011 09:15 PM To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes Hi Herb! How are you? I always tell the story about you making opposing counsels chair low in meetings and depositions. It is still a riot. Take care! Chris Lamia Christine E. Lamia Chair, Litigation Practice Group Board Certified in Construction Law Bryant Miller Olive 101 North Monroe St. Suite 900 Tallahassee, FL 32301 (850) 222-8611 (850) 222-8969 (Fax) clamia@bmolaw.com <mailto:clamia@bmolaw.com> TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A. Herbert O. Brock, Jr. Attorney at Law Board Certified Construction Lawyer by the Florida Bar Becker & Poliakoff, P.A. Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Fort Myers, FL 33966 239.433.7707 Phone 239.433.5933 Fax HBrock@becker-poliakoff.com http://www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Brock, Herbert Sent: Thursday, March 10, 2011 4:15 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes Fred I am going to keep this email <http://www.becker-poliakoff.com/> Herbert O. Brock, Jr. Attorney at Law Board Certified Construction Lawyer by the Florida Bar Becker & Poliakoff, P.A. Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Fort Myers, FL 33966 239.433.7707 Phone 239.433.5933 Fax HBrock@becker-poliakoff.com www.becker-poliakoff.com From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com] Sent: Thursday, March 10, 2011 03:46 PM To: constructionlaw@lists.flabarrpptl.org <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes I only know Mr. Ford by reputation, but most building code officials are NOT experts on the fire codes. Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com <mailto:fred.dudley@hklaw.com> | www.hklaw.com <http://www.hklaw.com/> -------------------------- Sent from my BlackBerry Wireless Handheld Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com <mailto:CARE@becker-poliakoff.com> . From: Kevin Schoeppel [mailto:kschoeppel@ds-law.net] Sent: Thursday, March 10, 2011 03:22 PM To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes We use Don Ford who is the building inspector for Neptune Beach. He is also on the First Coast Chapter of the International Code Council and Building Officials Association of Florida. He has testified for us on numerous code issues for apt complexes. He is honest and not that expensive. His phone number is 904.235.3649. Kevin A. Schoeppel, Esquire DURANT & SCHOEPPEL, P.A. 6550 St. Augustine Rd., Ste. 105 Jacksonville, FL 32217 Phone: (904) 652-2600 Fax: (904) 652-2610 Email: kschoeppel@ds-law.net Website: www.ds-law.net <http://www.ds-law.net/> The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. On Mar 10, 2011, at 11:25 AM, Richard A. Burt wrote: Everyone, I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building’s value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge. Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently? Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com www.burt-burt.com <http://www.burt-burt.com/> _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw ________________________________ To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP (�H&K�), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

JR

Jeff Regan

Fri, Mar 11, 2011 2:32 PM

Amen!

Jeffrey C. Regan

Florida Bar Board Certified in

Business Litigation

and Construction Law

9905 Old St. Augustine Rd., Suite 400

Jacksonville, FL 32257

904-356-0035 (direct)

904-356-8050 (fax)

www.rzwlaw.com http://www.rzwlaw.com/

The information in this message, and its attachments, is confidential
and may also be covered by the attorney-client and attorney work product
privilege. This information is intended only for the use of the
individuals to whom this message is addressed. You are hereby notified
that any other use, dissemination, distribution or copying of this
message is strictly prohibited. Please notify the sender immediately if
this message was delivered to you in error.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Randall Gilbert
Sent: Thursday, March 10, 2011 5:32 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes

This guy may know something about the codes from way-back-then...

Noah's Ark in Today's Society...

The Lord speaks to Noah and says: "In one year, I am going to make it
rain and cover the whole Earth with water until all is destroyed. But I
want you to save the righteous people and two of every kind of living
thing on the Earth. Therefore, I am commanding you to build an Ark."

In a flash of lightning, God delivered the specifications for an Ark.

Fearful and trembling, Noah took the plans and agreed to build the Ark.

"Remember," said the Lord, "You must complete the Ark and bring
everything aboard in one year."

Exactly one year later, a fierce storm cloud formed and all the seas of
the earth went into a tumult. The Lord saw Noah sitting in his front
yard weeping.

"Noah." He shouted, "Where is the Ark?"

"Lord, please forgive me!" cried Noah. "I did my best but there were big
problems. First, I had to get a permit for construction and your plans
did not comply with the codes. I had to hire an engineering firm and
redraw the plans.

Then I got into a fight with OSHA over whether or not the Ark needed a
fire sprinkler system and floatation devices.

Then my neighbor objected, claiming I was violating zoning ordinances by
building the Ark in my front yard, so I had to get a variance from the
city planning commission.

I had problems getting enough wood for the Ark, because there was a ban
on cutting trees to protect the Spotted Owl. I finally convinced the
U.S. Forest Service that I needed the wood to save the owls.

However, the Fish and Wildlife Service won't let me catch any owls. So,
no owls.

The carpenters formed a union and went out on strike. I had to negotiate
a settlement with the National Labor Union. Now I have 16 carpenters on
the Ark, but still no owls.

When I started rounding up the other animals, I got sued by an animal
rights group. They objected to me only taking two of each kind aboard.

Just when I got the suit dismissed, the EPA notified me that I could not
complete the Ark without filing an environmental impact statement on
your proposed flood. They didn't take very kindly to the idea that they
had no jurisdiction over the conduct of the Creator of the universe.

Then the Army Corps of Engineer demanded a map of the proposed new flood
plain. I sent them a globe.

Right now, I am trying to resolve a complaint filed with the Equal
Employment Opportunity Commission that I am practicing discrimination by
not taking godless, unbelieving people aboard!

The IRS has seized all my assets, claiming that I'm building the Ark in
preparation to flee the country to avoid paying taxes.

I just got a notice from the State that I owe some kind of user tax and
failed to register the Ark as a 'recreational water craft.'

Finally the ACLU got the courts to issue an injunction against further
construction of the Ark, saying that since God is flooding the earth, it
is a religious event and therefore unconstitutional.

I really don't think I can finish the Ark for another 5 or 6 years!"
Noah wailed.

The sky began to clear, the sun began to shine and the seas began to
calm. A rainbow arched across the sky.

Noah looked up hopefully. "You mean you are not going to destroy the
Earth, Lord?"

"No," said the Lord sadly. "The government already has!"

Sincerely yours,

Randall Gilbert, Esq.

Board Certified Construction Lawyer

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Richard A. Burt
Sent: Thursday, March 10, 2011 11:26 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Expert: Fire codes

Everyone,

I have a client who has owned an apartment building which has housed
college students for over 20 years. Up to this year, the state
conducted an annual inspection of the building and its units; each year
the building and units passed inspection. Recently, the inspection
function was transferred to the local fire department. The local fire
inspector has cited the client for inadequate egress, stating that a
door leading into a bedroom of a number of units must remain unlocked at
all times. This would render these apartments non-rentable costing the
client hundreds of thousands of dollars in income and drastically
reducing the building's value. Despite pleas by the client and his
architects and engineers, who have suggested a number of options to
achieve the objective of the egress requirement, the fire department
inspector will not budge.

Can anyone identify an expert in the area of fire codes in effect in
1969-1970 and currently?

Thanks.

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue

Suite 200

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile)

dick@burt-burt.com

www.burt-burt.com http://www.burt-burt.com/

Amen! Jeffrey C. Regan Florida Bar Board Certified in Business Litigation and Construction Law 9905 Old St. Augustine Rd., Suite 400 Jacksonville, FL 32257 904-356-0035 (direct) 904-356-8050 (fax) www.rzwlaw.com <http://www.rzwlaw.com/> The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Randall Gilbert Sent: Thursday, March 10, 2011 5:32 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Expert: Fire codes This guy may know something about the codes from way-back-then... Noah's Ark in Today's Society... The Lord speaks to Noah and says: "In one year, I am going to make it rain and cover the whole Earth with water until all is destroyed. But I want you to save the righteous people and two of every kind of living thing on the Earth. Therefore, I am commanding you to build an Ark." In a flash of lightning, God delivered the specifications for an Ark. Fearful and trembling, Noah took the plans and agreed to build the Ark. "Remember," said the Lord, "You must complete the Ark and bring everything aboard in one year." Exactly one year later, a fierce storm cloud formed and all the seas of the earth went into a tumult. The Lord saw Noah sitting in his front yard weeping. "Noah." He shouted, "Where is the Ark?" "Lord, please forgive me!" cried Noah. "I did my best but there were big problems. First, I had to get a permit for construction and your plans did not comply with the codes. I had to hire an engineering firm and redraw the plans. Then I got into a fight with OSHA over whether or not the Ark needed a fire sprinkler system and floatation devices. Then my neighbor objected, claiming I was violating zoning ordinances by building the Ark in my front yard, so I had to get a variance from the city planning commission. I had problems getting enough wood for the Ark, because there was a ban on cutting trees to protect the Spotted Owl. I finally convinced the U.S. Forest Service that I needed the wood to save the owls. However, the Fish and Wildlife Service won't let me catch any owls. So, no owls. The carpenters formed a union and went out on strike. I had to negotiate a settlement with the National Labor Union. Now I have 16 carpenters on the Ark, but still no owls. When I started rounding up the other animals, I got sued by an animal rights group. They objected to me only taking two of each kind aboard. Just when I got the suit dismissed, the EPA notified me that I could not complete the Ark without filing an environmental impact statement on your proposed flood. They didn't take very kindly to the idea that they had no jurisdiction over the conduct of the Creator of the universe. Then the Army Corps of Engineer demanded a map of the proposed new flood plain. I sent them a globe. Right now, I am trying to resolve a complaint filed with the Equal Employment Opportunity Commission that I am practicing discrimination by not taking godless, unbelieving people aboard! The IRS has seized all my assets, claiming that I'm building the Ark in preparation to flee the country to avoid paying taxes. I just got a notice from the State that I owe some kind of user tax and failed to register the Ark as a 'recreational water craft.' Finally the ACLU got the courts to issue an injunction against further construction of the Ark, saying that since God is flooding the earth, it is a religious event and therefore unconstitutional. I really don't think I can finish the Ark for another 5 or 6 years!" Noah wailed. The sky began to clear, the sun began to shine and the seas began to calm. A rainbow arched across the sky. Noah looked up hopefully. "You mean you are not going to destroy the Earth, Lord?" "No," said the Lord sadly. "The government already has!" Sincerely yours, Randall Gilbert, Esq. Board Certified Construction Lawyer From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Richard A. Burt Sent: Thursday, March 10, 2011 11:26 AM To: 'RPPTL constructionlaw' Subject: [RPPTL-constructionlaw] Expert: Fire codes Everyone, I have a client who has owned an apartment building which has housed college students for over 20 years. Up to this year, the state conducted an annual inspection of the building and its units; each year the building and units passed inspection. Recently, the inspection function was transferred to the local fire department. The local fire inspector has cited the client for inadequate egress, stating that a door leading into a bedroom of a number of units must remain unlocked at all times. This would render these apartments non-rentable costing the client hundreds of thousands of dollars in income and drastically reducing the building's value. Despite pleas by the client and his architects and engineers, who have suggested a number of options to achieve the objective of the egress requirement, the fire department inspector will not budge. Can anyone identify an expert in the area of fire codes in effect in 1969-1970 and currently? Thanks. Richard A. Burt, Esq. Richard A. Burt, Esq. BURT & BURT 220 So. Ridgewood Avenue Suite 200 Daytona Beach, Florida 32114 (386) 252-2090 (office) (866) 240-7043 (facsimile) dick@burt-burt.com www.burt-burt.com <http://www.burt-burt.com/>

SK

Sandra Kennedy

Fri, Mar 11, 2011 9:27 PM

That's funny, Randy!

Sandra D. Kennedy, Esquire
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy@flbbwlaw.com