# Need to know residential stair /balcony code content



## singlepurposemom (Apr 4, 2017)

Our family has a situation where we need to know the content of AYB 304.10 residential stair/porch/balcony code. We can't afford the $400 or whatever the book costs and the city isn't forthcoming with the information. Any help would be greatly appreciated.


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## cda (Apr 4, 2017)

Welcome

If they have adopted it and especially enforcing it 

You can see it and get a copy, may cost, should not be 400

Go to whoever is in charge of all records and do a.    Open records request for it.
If a charge they will tell you


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## cda (Apr 4, 2017)

What is your specific question or problem with the code


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## cda (Apr 4, 2017)

What does AYB stand for??


Do you want to say the city???


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## singlepurposemom (Apr 4, 2017)

I have a FOIR in the works right now for the content of 304.10. It's taken two of those to basically get nowhere, that's why I came here. What it is is the city if fining us for a violation but not being specific in what it is. They're calling the infraction a missing balustrade when there is only a handful of missing spindles. Old house, difficult to replicate, historic district... you get the picture.

Six missing spindles do not make a missing balustrade. A whole assembly would need to be missing. I need to fight them with details. Common thing in town.


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## singlepurposemom (Apr 4, 2017)

cda said:


> What does AYB stand for??
> 
> 
> Do you want to say the city???



AYB is the revision of the National Building code they are using.


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## cda (Apr 4, 2017)

Elgin or some other city??


http://www.southelgin.com/index.asp?Type=B_BASIC&SEC={454C3812-A293-4BCD-89F0-DECD5E50E9C6}


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## cda (Apr 4, 2017)

do you have the correct section::

304.10


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## cda (Apr 4, 2017)

singlepurposemom said:


> I have a FOIR in the works right now for the content of 304.10. It's taken two of those to basically get nowhere, that's why I came here. What it is is the city if fining us for a violation but not being specific in what it is. They're calling the infraction a missing balustrade when there is only a handful of missing spindles. Old house, difficult to replicate, historic district... you get the picture.
> 
> Six missing spindles do not make a missing balustrade. A whole assembly would need to be missing. I need to fight them with details. Common thing in town.




Is this a property violation similar to  trash in the yard, broken window, etc??

Can you spell out the words FOIR, different cities use different terms, thanks


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## Francis Vineyard (Apr 4, 2017)

singlepurposemom said:


> I have a FOIR in the works right now for the content of 304.10. It's taken two of those to basically get nowhere, that's why I came here. What it is is the city if fining us for a violation but not being specific in what it is. They're calling the infraction a missing balustrade when there is only a handful of missing spindles. Old house, difficult to replicate, historic district... you get the picture.
> 
> Six missing spindles do not make a missing balustrade. A whole assembly would need to be missing. I need to fight them with details. Common thing in town.



*304.10 Stairways, decks, porches and balconies. *Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

Source; 2012 IPMC: http://legacycodes.iccsafe.org/app/...Codes/IPMC/Chapter 3-General Requirements.pdf


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## cda (Apr 4, 2017)

This is the book.

It does not have local stuff added to it!!!!!!!!!!!!!


http://legacycodes.iccsafe.org/app/book/content/2015-I-Codes/2015_IPMC_HTML/Chapter 3.html


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## cda (Apr 4, 2017)

And there are no admendments to that section if in elgin::



http://library.amlegal.com/nxt/gate...$fn=default.htm$3.0$vid=amlegal:southelgin_il


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## Francis Vineyard (Apr 4, 2017)

*Definition of balustrade *


_1_ :  a row of balusters topped by a rail
 *Definition of baluster *


an object or vertical member (as the leg of a table, a round in a chair back, or the stem of a glass) having a vaselike or turned outline
an upright often vase-shaped support for a rail


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## ADAguy (Apr 4, 2017)

Sounds to me that the clear space between balistrades exceeds 4" and is therefore a safety violation. Check with a demolition contractor or restorer of old homes for a similar replacement, or use an existing one as a template and have a cabinet shop turn a few.
Do you have a Habitat for Humanity store in your community.
Does the city have a program for advancing repair funds to low income families?
Code requires you to maintain your property in a safe condition, code enforcement officers can and will cite you if you don't.


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## JCraver (Apr 4, 2017)

ADAguy said:


> *Sounds to me that the clear space between balistrades exceeds 4" and is therefore a safety violation.* Check with a demolition contractor or restorer of old homes for a similar replacement, or use an existing one as a template and have a cabinet shop turn a few.
> Do you have a Habitat for Humanity store in your community.
> Does the city have a program for advancing repair funds to low income families?
> *Code requires you to maintain your property in a safe condition, code enforcement officers can and will cite you if you don't*.




See the bolded above.  If there are missing spindles, your guard is in violation and is a hazard.  Whether you believe it to be or not, the book says it is.  Find/build/install the missing spindles and this will go away.


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## Francis Vineyard (Apr 4, 2017)

ADAguy, 4 inch is the current code and usually not retro-active for repairs.

Can fasten a plywood or other material in its place for infill if it were not for the historic or conservation district.


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## north star (Apr 4, 2017)

*+ = + = +*

FOIR  =  Freedom Of Information Request

*= + = + =*


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## ADAguy (Apr 5, 2017)

Francis, you are correct, the methods and means for compliance do not have to match the existing. You could cover the space with chicken wire and unless the house is on the National Register, the interior usually can be modified.


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## mtlogcabin (Apr 5, 2017)

The spacing only has to meet what the code required at the time of construction 12", 9", 6" or 4" are the numbers. If you remove and replace all of the balistrades then today's code of 4" would apply


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## steveray (Apr 6, 2017)

Fasten a piece of plexi or lexan over it if the "look" is an issue...problem solved...


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## cda (Apr 6, 2017)

Ok guess the problem is solved??


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## tmurray (Apr 6, 2017)

Saying you are in violation of a law and not providing the actual section you are in violation of in writing when requested is a violation of the basic procedural fairness principles that western law is based on. The fine will likely be overturned at court if you have a halfway decent lawyer.

Secondly, public safety trumps historic requirements, at least here. Since you are being sited for a safety violation, you can use whatever measures the official will find acceptable while you find the appropriate replacement. Provided everyone is under the understanding that what you have is a temporary fix, most people won't get excited about it.


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## ADAguy (Apr 6, 2017)

In conclusion "single" were you "cited" by code enforcement in writing or not?


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