On the original post Virginia Beach.
The State of Virginia has a Maintenance Code. The newest code adapted March 1, 2011 called 2009 Virginia Maintenance Code. Section 103.2 is Maintenance Requirements. Section 105.3 Is about Unsafe Conditions not related to maintenance. Section 105.3.1 Is about limitations to requirements for retrofitting.
The previous code was 2003 and effective date of Nov 16, 2005.
All have to do with unsafe conditions and life safety in structures.
Horizontal railing is now ok to code. They took it out of the codes in 06, i believe.
Crazy, but meet code now and serves as a stepladder
They are permitted because the code allows it. An AHJ doesn’t have the flexibility to make up his own rules based on his likes and dislikes.
The last one I had told me the lender made him sign a waiver release to NOT repair the railing. FYI
Yet another incident where someone wasn’t watching a toddler and a tragedy occurs. Somehow, it is everyones’ fault except the actual person responsible. In this case, the guardian.
As inspectors, are we now required to look out for everyone elses child?
I would have mentioned it in my report, and have on occasion, when the railing space exceeds 4 inches as I know it is the code now. Mainly, so when someone isn’t paying attention to their child and a tragedy occurs, I won’t be getting the registered letter.
As Professional Home Inspectors, we DO NOT grandfather safety concerns as do code inspectors or realtors try to.
The 1965 National Building Code of Canada prohibits spindles spacing greater then 4". Guard rails are required on all interior stairs with two or more risers and three risers on exterior stairs. The 2005 NBC changed the interior stair to three risers.
Horizontal elements that allow children to clime on the guardrail is prohibited.
This applies to all stairs and balconies where children have access.
Trying to blame the child’s caretaker is sick!
Nick Please do not include this in your submission to the Alberta government unless You make some changes. Guardrails are required on all stairs with three or more risers and decks and landings with more then 600 mm (24") between adjacent levels. Guard rail height goes to 42" if the adjacent level is more then 6’ (I think? Check the ABC to confirm this height).
9.8.8.3. Height of Guards
(See Appendix A.)
1 ) Except as provided in Sentences (2) to (4), all guards shall be not less than
1 070 mm (42")high.
2) All guards within dwelling units shall be not less than 900 mm (36")high.
3) Exterior guards serving not more than one dwelling unit shall be no less than
900 mm (36") high where the walking surface served by the guard is not more than 1 800 mm(70")
above the finished ground level.
4) Guards for flights of steps, except in required exit stairs, shall be not less than
900 mm (36")high.
5) The height of guards for flights of steps shall be measured vertically from the top
of the guard to a line drawn through the leading edge of the treads served by the guard.
9.8.8.5. Openings in Guards
1 ) Except as provided in Sentence (2), openings through any guard that is required
by Article 9.8.8.1. shall be of a size that will prevent the passage of a spherical object
having a diameter of 100 mm unless it can be shown that the location and size of
openings that exceed this limit do not represent a hazard. (See A-9.8.8.5.(1) and (2)
in Appendix A.)
2) Openings through any guard that is required by Article 9.8.8.1. and that is
installed in a building of industrial occupancy shall be of a size that will prevent the
passage of a spherical object having a diameter of 200 mm (8")unless it can be shown that
the location and size of openings that exceed this limit do not represent a hazard. (See
A-9.8.8.5.(1) and (2) in Appendix A.)
3) Unless it can be shown that the location and size of openings that do not
comply with the following limits do not represent a hazard, openings through any
guard that is not required by Article 9.8.8.1. and that serves a building of other than
industrial occupancy, shall be of a size that:
a) will prevent the passage of a spherical object having a diameter of 100 mm (4"),
or
b) will permit the passage of a spherical object having a diameter of 200 mm (8").
(See Appendix A.)
9.8.8.6. Design to Prevent Climbing
(See Appendix A.)
1 ) Guards required by Article 9.8.8.1., except those in industrial occupancies and
where it can be shown that the location and size of openings do not represent a hazard,
shall be designed so that no member, attachment or opening will facilitate climbing.
2) Guards shall be deemed to comply with Sentence (1) where any elements
protruding from the vertical and located within the area between 140 mm (5.5")and 900 (36")mm
above the floor or walking surface protected by the guard
a) are located more than 450 mm (18")horizontally and vertically from each other,
b) provide not more than 15 mm (.0.59") horizontal offset,
c) do not provide a toe-space more than 45 mm (1.75") horizontally and 20 mm (3/4")
vertically, or
d) present more than a 1-in-2 slope on the offset.
I put it it in my report ever time, Not a code keeper but part of my Job is to point out safety issues .
“Passed code” - i.e., passed an inspection by the local AHJ inspector (if that ever happened) who was over worked and under paid and spent a grand total of 10 minutes in the house. Also, around here, they say “substantial compliance” which means “in the opinion of the city inspector” which may differ from what the written code may actually say. In any case, if someone dies because the codie didn’t see it or failed to call it out, no matter. The codie can never be heald liable.
I regularly see “designer” staircases and balcony railings that are unsafe (too wide ballisters, strair tread riser openings and “climbable” railings on balconies) that are never called out by the city, but I call them out. In one case, a kid (11 years old) fell about 10’ and broke his arm (thank G-d, no other damage). The client complained to me and I referred them to the report and they were totally clueless because they couldn’t understand why the city codie hadn’t called it out, but I did. They saw the local codes as totally enforced and infallable. In any case, they didn’t blame me, but their son still had a broked arm and they didn’t know who to blame.
This is the conundrum.
I have absolutely no idea was going to live in or visit the property in question.
I agree that residential code upgrades are not required of seller, however any commercial facility where the public has access should be upgraded as found necessary.
A hotel is " expected" to house young children. In manufacturing facility is not.
I always identify excessively wide openings and ensure that the buyer is aware of the circumstances that might evolve.
Remanufacturing and engineering a stair system should never be recommended in my opinion (unless it’s new construction). Only one time in 15 years have I pushed so hard that the stair system was remanufactured and that was when I fell down the stairs and 20 min. later a real estate agent fell down the same stairs.
It is very tragic, however we must keep this in perspective and advise as necessary but do not extend your alleged enforcement powers to demand repairs be made.
4 inches-6 inches-any measurement whatsoever that for the application that appears to be an issue should be identified and recorded. Code requirement has nothing to do with anything and “it passcode” is never an excuse for personal injury conditions in my opinion.
So continue to call them out and don’t worry about stupid replies. Stupid is as stupid does.
Will You are absolutely right.
In this jurisdiction the property owner is prohibited from selling a building that has code violations. The codie is protected from any legal liability.
So the buyer should check for code violations before closing and insist the all code violations are fixed.
Once buyer takes possession he is now the owner and become responsible for the property.
A good experienced HI is the only protection the buyer has.
Some codes are retroactive. some are not. In this case I would not take procession of a property that has these defects. As for my clients I explain the it does not meet the code and that it is a safety hazard and can cause death. If the Realtor objects he gets a lecture on his legal responsibility to his client and that the seller is subject to fine and imprisonment for selling a property that violates the code. If need be I show them the code clauses that apply.
Of all types or just safety related, however you define/choose them???
Well said. I totally agree.
Did a new home inspection last week and there was no handrail (not continuous) at the bottom three risers. I called it out to the buyer and the builder. Of course the builder’s response was “it passed building department inspection”. Of course I knocked the inspector and the builder, politely, and then asked my client how what do they expect their elderly mother to hold on to when she is climbing the stairs? The point was very well taken.
Do it mainly to prevent a tragedy. Secondarily, do it so you don’t get the registered letter. :neutral:
Will Decker brings up a very VALID point. As I previously said: 1) We do NOT grandfather safety concerns; 2) We AIN’T the code inspectors AND have no PASS / FAIL authority; and 3) In todays society MANY people can NOT take responsibility for “**** HAPPENS” / because if they do then they realize its their own fault. HOWEVER if we can blame SOMEONE ELSE.
Tragic as it may be, the kid falling through the railings, the boys broken arm … The folks GOT to put blame on SOMEBODY other than THEMSELVES so they feel better and DON’T kick themselves to death.
When I find safety/code violations I report is as " Current standards call for blab blab…" I do not give a damn whether the builder/Realtor etc likes it. My priority is my client and their well being.
And in the end my well being. I do not need a law suit because the seller do not like what i reported.
How do you know the builder is telling you the Truth? My 30 years experience with builders is when they get caught out the bad one will lie.
I care far more about myself than I do someone elses’ child. I watch mine, everyone else watch theirs, things will work out just fine.
Since I have a 3 year old child, I have come to the conclusion, that the parents main job is to keep the child alive until they are an adult, or 18 years old, whichever comes first. And trust me, these little critters seem to find new and creative ways to do themselves in, almost on a daily basis.
Me, too.
I have never had a Realtor balk at a safety issue…
…I’d fire them if they did!