30" above grade is the MAXIMUM height for a deck with no rail. I will often make subjective requirements based on common sense. But what if the appraiser has no common sense and who is the appraiser to substitute his judgment for that of the building inspector and the construction experts and engineers who drafted the applicable building codes, which, presumably are based on objective requirements.
For FHA loans, the underwriter has the option to negate those. I'm not saying you must construct a to code rail
You are saying that a rail not built to code, which then would likely be a safety hazard by itself, is a good idea to "fix" a problem that meets the existing building code......that really does not make any sense at all.
but that a barrier of some type would be a good idea and might prevent a serious accident to a child or senior citizen. Just because you think something is a good idea, does not mean that the risk involved is an unacceptable safety hazard per HUD.
A court of law may not recognize minimum standards. So what? FHA/HUD guidelines explicitly instruct the appraiser not to condition properties as an attempt to limit liability....aside from that, there is zero real chance of a court holding an appraiser liable for not requiring items which are in excess of meeting the applicable building code.....we are not home inspectors or code inspectors.
If someone is injured by an 18" fall then it is obvious that 18" step was a safety hazard. What a ridiculous statement.....using this logic, anytime someone trips over his own 2 feet and falls and injures him, then that is proof that his own feet and gravity are unacceptable safety hazards. I guess you should condition all FHA appraisals upon the suspension of the laws of physics and/or the amputation of the feet of all occupants of the property.