Deck stair hand rails

[adventure0us1]

I have seen this issue debated. The subject lacks a hand rail for 4 stairs on the outside deck. I have seen many state to report it but not require a repair. My question is that if I just report there are no stairs and leave it up to the underwriter do I still state that the property meets HUD minimum requirements? Thank you.

 

[RSW]

From looking at the photo you provided, it does meet HUD/FHA's MPRs. You can make that statement. Read Mortgagee Letter 2005-48.

 

[Mike Kennedy]

does the Building Code (if one exists) require the railing to prevent potentional healthy & safety issues?

As stated in Revised Appendix D, FHA now permits an “as-is” appraisal for existing
properties that serve as security for FHA-insured mortgages when minor property deficiencies,
which generally result from deferred maintenance and normal wear and tear,

do not affect the safety of the occupants or

the security and soundness of the property. FHA no longer requires repairs for these types of minor cosmetic deficiencies to bring a property into
compliance with FHA Minimum Property Requirements. Specifically, the guidance provided in Handbook 4150.2, CHG-
1, Chapter 3, Paragraph 3-6, A-7 referencing all-weather road surfaces; Paragraph 3-6, A-8
referencing poor workmanship; Paragraph 3-6, A-11 referencing debris and trash in crawl space;​

Paragraph 3-6, A-16 referencing steps without a handrail;

 

[adventure0us1]

I have read and do read said Mortgagee letter. It just seems that it is open to debate and every appraiser has a different opinion. In my opinion a kid or elderly person is more likely to fall from the stairs with no handrails so it is a safety issue. But the FHA specifically states handrails are no longer an automatic required repair?

 

[RSW]

Ok, then what is the problem? If it says it is not required, then why are you questioning it?

 

[adventure0us1]

Because the gray area lies with the wording about the safety issue. Some would argue that it is a safety issue. I just mentioned it in the report and will let the underwriter decide if they want a hand rail.

 

[RSW]

I understand why you are confused. Mortgagee Letter 2005-48 does state the following:

Examples of minor property conditions that no longer require automatic repair for existing properties include, but are not limited to:

Missing handrails, ect.


I believe it is how you are interpreting it. I have always understood it to mean that it was not to be conditioned for repair unless it was a safety issue such as a stair case going from one level to another with a large drop off to the lower level. Or, where there was a porch or deck say 4' or more with no handrailing. That would be in my opinion a safety issue. A set of steps 3 - 4 risers high may not warrent such a requirement.

 

[adventure0us1]

That makes sense and sounds reasonable to me. One may not be seriously injured falling from the stairs in my case. On a similar note I had a modular home with a slider to nowhere off the back. Drop of about 10 feet. I called for them to secure the sliding door in a fashion so it couldn't be opened. The garage had a regular door off the back with no steps and a 2-3' drop. I stated that in the report and did not call for that door to be secured shut. The underwriter called for it to be secured. To me that wasn't a safety issue.

 

[Delta85]

I've mentioned the lack of handrails in reports before and left it to the UW and what has happenned a couple times is that I get a stip stating I either need to call for a repair OR take the comment out of the report entirely. Anyone else get that responce ever?

 

[Mike Kennedy]

One may not be seriously injured falling from the stairs in my case.

which generally result from deferred maintenance and normal wear and tear,

do not affect the safety of the occupants or

Suggest considering:

a. a healthy adult .....may not be
b. a CHILD most certainly will be
c. an elderly family member will be
d. after a few beers a drunken Irishman will never be - he bounces. the same is NOT true for other ethnic groups.
e. suggesting reviewing the first line in my first post - in some municipalities building code REQUIRE railings higher than 2 risers above grade and the absence (in such cases) represents a Building Code violation (because of a, b, and c above).