# Hazard in a sidewalk?



## Sifu (Jun 16, 2014)

I recently encountered a hazard in a sidewalk adjacent to a house.  The sidewalk is along side the house and travels from the bottom of a ramp around to the front of the property.  The occupancy is R4, having changed from R3 and was permitted for the remodel, ramps etc.  The hazard is a 4 to 5 ft. deep window well protruding into the sidewalk about 50% of the width.  There are no guards or grates.  The R4 will have elderly residents.  I have written this type of thing before but have been told the walks are outside the scope of the code.  This particular situation, being at the bottom of a ramp would really seem to pose a hazard I can't walk away from.  So what are the learned opinions about the walks being within the scope or outside?  What would you do if you saw this?

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## jar546 (Jun 16, 2014)

For stuff like that we shrug our shoulders, document it and let the owners know that we can't do anything about it but they should.  We then tell them that if there is a future loss, our documentation will assist the plaintiff in court to help prove gross negligence.  We then say.  "Do what you want but you might want to fix that"


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## mark handler (Jun 16, 2014)

It is a fall and tripping hazard. And it needs to be addressed. Some kind of guard or bollard needs to be put in.  But if a guard is used you need make sure the occupants of the basement have an egress POT.


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## Frank (Jun 16, 2014)

Guard required but must also have gate for free egress

2012 IPMC

SECTION 307 HANDRAILS AND GUARDRAILS

307.1 General.

Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted building code.


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## Sifu (Jun 16, 2014)

Reading in the 2006 Q&A I found this

Q-"Where does the means of egress system end?"

A-"....Generally speaking, it ends where the occupant walks out the door, down the steps (ramp in the case about which this thread refers) and onto the landing at grade level.  Exit discharge is not regulated by the IRC beyond that point....."

Since the well is located more than 36" in the path of travel from the bottom of the ramp I am not sure I have a good code reference on which to base my correction.  I am pretty sure they will make a correction any way but I like knowing this for future reference.  I am thinking there would be something in the maintenance code for the annual inspections, NFPA 101 or IFC or some other sort of state requirement since it is an R4,  but for the construction code I am thinking it might be beyond my jurisdiction.


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## Keystone (Jun 17, 2014)

06 and on IPMC -

302.3 Sidewalks and driveways.

All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

306.1 General.

Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted building code.


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## MASSDRIVER (Jun 17, 2014)

Exceeds 7" rise.  

Brent


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## Mech (Jun 17, 2014)

Looks like they forgot to fill that form with concrete.


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## mark handler (Jun 17, 2014)

Mech said:
			
		

> Looks like they forgot to fill that form with concrete.


How often do you fill 4 to 5 ft. deep window wells with concrete


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## ICE (Jun 17, 2014)

mark handler said:
			
		

> How often do you fill 4 to 5 ft. deep window wells with concrete


I would start with that one.



> 1013.1 Where required. Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, stairs, ramps and landings that are located more than 30 inches measured vertically to the floor or grade below at any point within 36 inches horizontally to the edge of the open side.


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## Msradell (Jun 17, 2014)

Is that ramp part of an accessible route?  How wide is the remaining sidewalk?  It could be an ADA violation.


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## Sifu (Jun 17, 2014)

Msradell said:
			
		

> Is that ramp part of an accessible route?  How wide is the remaining sidewalk?  It could be an ADA violation.


We don't enforce any accessibility code on an R4, however I believe the state does so that would be under their jurisdiction.  In this case I don't know whether the state had already been there for the licensing, although I believe they have.  I did glance at the features but since I have no enforcement capability I didn't pull out a tape.  I don't know what the state enforces for accessibility code on these types of projects.


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## Pcinspector1 (Jun 17, 2014)

Could you put spears in the window well to help catch your pry?

Sifu, That's a great pic of a dangerous condition!

pc1


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## Sifu (Jun 18, 2014)

A picture is worth a thousand words!


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