Building Code Expert

[cda]

cda, they (city hall) have told me that they do not have a copy of the 1975 BOCA book. Yes, it does come down to the handrail. The lack of lighting however, will certainly not hurt the case if we do end up in court.

That is what you need to focus on

Get the code sections that say when stairs need handrails

I hate to say it when someone comes in and wants to talk about the dog down the street , neighbors fence, the large tree in the park, I get turned off when they really have one specific code issue we could be talking abut

 

[Mech]

Since it appears this must go to court, do you have photos before the handrail and light were installed? Is there a way to date the photos? If digital, is there a stamp in the picture file stating when the photo was taken? If you used a film camera, is there a date on the back side of the photo?

Do you have any pictures of the work being done?

I wonder if the landlord would need a permit to install the light post or handrail and if he got one.

 

[oldred]

Mech, The street and all therein is "private", not public. I do have pictures of before....my son went out with a newspaper and put it in front of the construction as it was going on. Also, I do not believe that the landowners would falsify anything. I may be crazy but I trust them. Up until this point there has been no attempt to falsify. They have really been good landlords and if I didn't have my husband to consider I think I would just like to pack it up now and move south, but that is not possible, and yes, we are probably headed to court.

 

[oldred]

@ Frank: "102.3 Exemptions. The following are exempt from this code:

...

3. Parking lots and sidewalks, which are not part of an accessible route." I believe the sidewalk, in my situation is part of the accessible route. You have to cross over the sidewalk to get to the street, to the public area, as defined in BOCA. Am I misreading?

and.....my above comments about heading south were full of self pity. People are fighting a lot more heavier battles in their lives then my husband and me. Thanks again for all the info, and onto find an attorney.

 

[RLGA]

I know of someone in North Carolina that I can give contact information. Send me a private message if you're interested.

 

[Frank]

@ Frank: "102.3 Exemptions. The following are exempt from this code:...

3. Parking lots and sidewalks, which are not part of an accessible route." I believe the sidewalk, in my situation is part of the accessible route. You have to cross over the sidewalk to get to the street, to the public area, as defined in BOCA. Am I misreading?

Unfortunately yes, the accessible route referred to is an accessible route for presons with disabilities.

 

[cda]

When do stairs require handrails ???

Is it so many risers???

And is it the same in boca?

 

[Frank]

When do stairs require handrails ???Is it so many risers???

And is it the same in boca?

IF these stairs were covered by the 1975 VA USBC referencing 1975 BOCA, then handrails with extensions would have been required on both sides. However the question is are they regulated by the VA USBC in the first place or are they exempt. The locality has determined that they are exempt with what looks like a reasonable interpretation of the Virginia scoping requirements. In a training class for site contractors I had a slide of a set of steps along a sidewalk and said that they were exempt from the code (had a ramp for accessible route) but that the code requirements would likely be looked at after a slip and fall as guidance for what good practice is even if the Building Inspector did not enforce it on those steps.

 

[oldred]

Frank, I don't understand the VA scoping requirements. There is no "accessible route" from the building for disabled exit. I'm not understanding but appreciate the help. Where can I find out more about VA scoping requirements. Many if I could read a little more then I would understand. It doesn't sound like good news.

 

[oldred]

***correction: maybe not many. Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps." That does not sound like good policy. Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing? Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?

 

[tmurray]

***correction: maybe not many. Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps." That does not sound like good policy. Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing? Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?

I think Frank is referring to what the contractor would do. Most contractors (even though they are exposed as bogeymen by Mike Holmes) are good people who wouldn't want someone to get hurt because they didn't do something. So, if a contractor heard someone fell because they didn't put a handrail in (even if it is not required by code) many may put one in in future to prevent someone else from getting hurt. There are a surprising amount of things that get done in construction, not because it is a code requirement, but because it is a best practice.

 

[Frank]

***correction: maybe not many. Frank, what does "....but that the code requirements would likely be looked at after a slip and fall as guidance for what god practice is even in the Building Inspector did not enforce it on those steps." That does not sound like good policy. Does it mean the Building Inspector will stop and count the slip and falls at some point and if there are too many then we'll require a railing? Also Frank, when the code inspectors told me that the stairs where a part of the sidewalk; is this validated in the VA scoping requirements?

No that is what the personal injury attoney's expert uses as a standard of care.

 

[oldred]

Thank you tmurray. Holmes seems too authoritative to me......but he is popular. I've never had a problem with a contractor when we did renovations. Only good experiences.

 

[oldred]

One more question Frank, is the personal injury attorney working for the plaintiff (us) or the defense? Can you tell I'm still lost. Knowing you are from VA, what you say carries a lot of weight. I'm just having trouble understanding. Guess I put so much time into the 1975 BOCA codes that my mind is too full :-?

 

[Frank]

One more question Frank, is the personal injury attorney working for the plaintiff (us) or the defense? Can you tell I'm still lost. Knowing you are from VA, what you say carries a lot of weight. I'm just having trouble understanding. Guess I put so much time into the 1975 BOCA codes that my mind is too full :-?

The one you consult with/retain works for you. The defense (or their insurance company) will get their own as well. Most reputable ones will do an intial consultation for free--it is their sales pitch to you.

I would search yellow pages etc for local personal injury attorney that has an actual local address and give them a call. The others are referral groups. I am sure you have also seen localmedia and billboard ads that run some thing like Injured? call...

http://www.yellowpages.com/lynchburg-va/personal-injury-attorney?g=Lynchburg%2C+VA&q=personal+injury+attorney

 

[Francis Vineyard]

Doesn't cost to ask; http://www.vsb.org/site/pro_bono/resources-for-the-public

 

[oldred]

Thank you Francis. We will call.

 

[Francis Vineyard]

PREVIOUS ADOPTIONS and AMENDMENTS of the USBC

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The

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Virginia Uniform Statewide Building Code (USBC)was first adopted in 1973 by the State Board of Housing. Responsibility forthe USBC passed to the State Board of Housing and Community Development on July 1, 1978. The initial adoption and subsequentamendments by these Boards are indicated below:

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1973 Edition

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Effective date: September 1, 1973Title: Virginia Uniform Statewide Building Code,Administrative Amendments, 1973 EditionMajor reference standards:BOCA Basic Building Code/1970, with1972 Accumulative SupplementBOCA Basic Mechanical Code/1971BOCA Basic Plumbing Code/1970, with1972 Accumulative SupplementNFPA National Electrical Code/1971One and Two Family Dwelling Code/1971

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1974 Accumulative Supplement

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Effective date: April 1, 1974Title: 1974 Accumulative Supplement toVirginia Uniform Statewide Building CodeMajor reference standards:BOCA Basic Building Code/1970, with1972 Accumulative SupplementBOCA Basic Mechanical Code/1971BOCA Basic Plumbing Code/1970, with1972 Accumulative SupplementNFPA National Electrical Code/1971

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1975 Accumulative Supplement

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Effective date: February 7, 1976Title: 1975 Accumulative Supplement toVirginia Uniform Statewide Building CodeMajor reference standards:BOCA Basic Building Code/1975BOCA Basic Mechanical Code/1975BOCA Basic Plumbing Code/1975NFPA National Electrical Code/1975

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One and Two Family Dwelling Code/1975

1970 BOCA

 

[oldred]

View attachment 1016

Thank you Francis. The applicable language is from the 1975 BOCA book, but the language is the same in both. I've also several illustrations on the means of egress. Francis, I am finding that money I'm up against a very powerful entity. Going to keep fighting though and I appreciate the help. This illustration I chose to show is almost identical to our bldg. layout. The final stretch between the end of the building walls and the public way/street, would be the stairs in our bldg.View attachment 1016

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