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Does This Staircase Require A Guard?

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headscratch

Freshman Member
Joined
Aug 29, 2013
Professional Status
Certified Residential Appraiser
State
California
Is this considered open? I was reading that a guard is needed for open areas on a staircase, but couldn't find how open is defined. upload_2015-12-7_11-6-37.pngupload_2015-12-7_11-6-37.png
 
Photos and description.

Let the underwriter decided what, if anything, needs to be done.
 
Step 1:

https://www.dir.ca.gov/title8/3214.html - See Exceptions #1

"§3214. Stair Rails and Handrails.

(a) Stairways shall have handrails or stair railings on each side, and every stairway required to be more than 88 inches in width shall be provided with not less than one intermediate stair railing for each 88 inches of required width. Intermediate stair railings shall be spaced approximately equal within the entire width of the stairway.

Note: Intermediate stair railings may be of single rail construction.


Exceptions:

(1) Stairways less than 44 inches in width may have one handrail or stair railing except that such stairways open on one or both sides shall have stair railings provided on the open side or sides."


Step 2: Governing/Local Building Code a. may default to the State Code above, or may have it's own Health & Safety ordinance.

Step 3: Which local Municipality governs the subject's property improvements? The specific LOCAL Code/Ordinance/Requirement may be available on-line.

P.S. "OPEN" vs "CLOSED stairway ......:)....re the PHOTO...closed has a Wall to the left (if walking down) on the right (if walking up).

QUESTIONs: how high is the apparent wood handrail on the stairs between the steps and the
open area on the left (walking down)??? Does it meet local requirement??
 
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I suppose you chose a CA building code because I am from California and you want to be contrarian to anything I post.

FWIW... what does a building code have to do with an appraisal or how to complete an appraisal?

:) Especially when it's an industrial code. Be careful. Google can bite you.
 
Mike.. yeah that is where i got my info too.... it looked open to me!, the wood hand rail walking down on the left is only about a foot high and it looks like it needs to be 42 inches.... i guess i have my answer... that is the part i couldn't find until now. Thanks. I found this too http://www.sandiegocounty.gov/pds/docs/pds075.pdf "Stairways shall have handrails on each side except stairways within dwelling units, spiral stairways and aisle stairs serving seating only on one side are permitted to have a handrail on one side only." it looks like it needs a hand rail too...... never had stair issues before. Thanks
 
Again, what does the building code have to do with this?
 
Again, what does the building code have to do with this?

Good to have a reference for the report.

Safety issue of which the appraiser became aware during inspection. Same as if lacking smoke detectors or a second story door to the exterior with no deck or stairs.

Note it in the report to CYA, let the client make the call.
 
Agreed. But I also agree with myself that you don't need a building code to see that a two story stairway without a handrail is not a bright idea.
 
i originally did it as is and mentioned that it could pose a safety hazard as the stairwell is open but does not affect marketability and value. The underwriter asked if it was or was not a safety hazard and if it is make it subject to and yes someone could fall of the stairs and per code it is a safety hazard, so code does have something to do with if he needs to fix the stairs. And the owner called me after seeing the appraisal and wasn't 100% sure if he just needs a hand rail or guard rail or both.... apparently its been appraised two times before and no one mentioned the stairs so he was a bit perplexed.
 
It's no skin off my nose if the underwriter wants to use me to limit their liability. And it's $150 when they want the 1004D. I'm just saying there is nothing saying we must condition an appraisal on something like this and that building codes for new construction don't have much to do with existing construction.
 
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