by Jerry Peck - Codeman on Sun Sep 21, 2014 4:25 pm
6.2.1 Treads shall have a minimum unobstructed horizontal depth of 10 inches (254 mm) and a minimum unobstructed surface area of two-hundred-forty square inches (1548 cm2).
There are two ways to read that, and, as you will see, it depends on which way you read it as to what it means, and then why it is interpreted as it is:
a) The tread shall be a minimum of 10 inches deep and shall have a minimum of 240 square inches of surface area.
- - What does that mean? It means that the tread shall be at least 10 inches deep with no specified width, but the surface area must be at least 240 square inches - this allows a tread to be (your interpretation taken to the extreme) minimum 10 inches deep, but the surface area must be at least 240 inches, so I can make the tread 2 inches wide as there is no minimum width and 120 inches deep as that meets the minimum 10 depth and 240 square inches as stated. Yes, that is precisely what it says ... but ... would you really think you could make a tread 2 inches wide and 120 inches deep? Of course not, that would be unsafe.
b) The tread shall be a minimum of 10 inches deep and shall have a minimum of 240 square inches of surface area.
- - What does that mean? It means that the tread shall be 10 inches deep with a 240 square inch surface area minimum for the 10 inch tread depth - this requires a tread which is 10 inches by 24 inches minimum. While the precise wording of the code does not say it that way, a look at the wording in the FBC-Building for pool treads says that is the intent, and, yes, you could make a tread which has that dimension and the tread would not be unsafe like the other tread in a) would be.
Being as the Building Official of the AHJ is charged with making an interpretation when such vagueness exists in the Florida Building Code, and the Building Official can use one of the other Florida codes or standards for that interpretation, or use anything else, including their own judgement, for interpretations, your interpretation will not withstand a challenge to the Chief Building Inspector, much less to the Building Official.
I.e., while you are correct as to the exact wording of what the code states, or, more precisely, what the standard the code references states ... the inspector is correct as to the intent of what that standard and the code is requiring.
My recommendation would be to do a slight reconstruction of the stairs in question and make the measurable unobstructed tread depth and width between the inside edge of the stair tile coping to the inside radius as the riser be at least 11 inches deep by at least 25 inches wide - such that a 10 inch by 24 inch piece of plywood could lay flat on the tread and you will not push the minimum dimension to the point of having to do it over one more time to meet what the inspector is asking for. And, yes, I realize that if you modify the top tread larger that you will also have to modify each successive lower tread too.
These are my selling points to you: First, you need to modify the tread to pass your inspection. Second, which will cost less - modifying the stairs or writing a check to cover attorneys' fees, pain and suffering, and other costs should someone be injured on that stair, and, when that stair is measured and the experts point out that the stairs do not meet the minimum code ... those experts are pointing that out while testifying before a judge and jury - all because you didn't want to go to the trouble and expense of reconstructing that stair to meet the code.
Inspectors are not always correct, then again, neither are contractors, and in this case you are correct as to the actual wording but the inspector is correct as to the intent - the intent will rule.
I realize this is not the answer you were hoping to get, but consider the above as food for thought when you decide whether to push this to the Building Official or make corrections to the stairs.
I've had similar discussions years ago with pool contractors in South Florida (Miami-Dade, Broward, and Palm Beach counties) when I did inspections there - the pool contractors interpretations were always the same "a tread which is 10 inches deep by 24 inches wide is not required by the wording"; my response was always the same "the intent of the wording is for that minimum 10 inch deep by 24 inch wide tread" and "which is less expensive, correct it or pay your attorney to defend yourself when there is an injury?" I've always heard it said that attorneys never lose a case - they always get paid ...
Jerry Peck - CodeMan
AskCodeMan.com
Construction Litigation Consultant - Retired
Construction and Code Consultant - Semi Retired