'Wasn't my contractor supposed to know this?'

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Q. I’m trying to understand why I didn’t pass my inspection for my deck and front steps with no railings, and also my stairs and moving a wall near my front door. We had the wall removed between the stairs on both sides of our center-hall colonial, and we filed building permits, etc. The stair railing, which costs more than usual because it’s fancier, didn’t pass, either. We’re being told it was supposed to be one railing going all the way up, with no interruptions. Is it true that there’s a code requirement for this?

A. Yes, it’s true that there’s a code for this, and lots of other codes you’re not expected to know. The problem starts when you assume, as most people do, that the person constructing your deck, the stair and rail builder, and your contractor know the codes, which is rarely the case. People regularly turn to me in situations like this and ask, “Wasn’t my contractor supposed to know this?” Several times a week I receive calls in which this is the topic of conversation.

Often, the contractor will tell the homeowner that it wasn’t on the plans. Although we try to be careful to address these issues, by showing continuous stair rail lines, in your case, and a grouping of connector types for deck construction, which you may be missing, we also have general notes, as do most architects, saying that the contractor must follow the rules and regulations of New York state, which, in your case, means all regulations, including building, energy, electrical, plumbing and life safety codes. Ignorance of the law, a judge will say, is no excuse, yet that’s what happens every day.

The code regarding handrails has a section specifically identified in bold type as “Continuity.” The section states, “Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight.” There are exceptions noted, but they involve posts as connections for turns and curved or rounded “turnouts” when you have a rounded stair at the bottom. Either way, the railing is supposed to be continuous. Whenever this problem arises, people, including the contractor, start out making their case to me, as if I could override or dismiss the error.

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