Gates and Flooring (PMCNYS)…. But mainly gate requirements

[JimmyTreeX]

I figured I would ask two simple questions in the same thread, instead of starting 2 separate threads:

1- is a gate required for a fenced in yard?

• If you have to exit out the rear of your residence into the yard, is there a requirement for a gate to open so you can then exit the yard?
• I obviously assumed so, because if the house is burning, you are now stuck in the yard, unable to exit into a rear alley or wherever.
• I have a case that needs to be ticketed because the owner has not complied. I definitely did some digging to find the correct code requirements (which I can’t exactly remember now that I’m home on the couch), but I do know I didn’t find anything clear-cut. I found many things about the construction of a fence or gate, the hardware, etc., but I’m looking for the requirement.

2- (This one is just an add-on question where I tease myself more than anything) NYS Property Maintenance Code - “Flooring”

• I normally site “ walking surfaces,” which sounds obvious, but the fact that the Property Maintenance Code doesn’t specify flooring, or even use it as a cited example (refer to the example below), makes me wonder. You would think “flooring” would be a major topic, but for some reason, it’s not mentioned ‍. Of course it’s a “walking surface,” I just can’t get over the fact that the interior floors (kitchen, bathroom, living room, etc) aren’t specified or mentioned. I guess 305.3 - Interior Surfaces- could work too.
• What do you use? Strictly speaking of existing residential dwellings, not new construction. (or am I just crazy? Or am I embarrassing myself by asking this question?)

2020 PMCNYS - 305.4 Stairs and Walking Surfaces​

Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.




Thank you

 

[steveray]

As discussed in another thread a required yard under the building code typically accesses a public way...Either in the EERO section of the IRC 310 or 311....Case by case basis but....

EERO commentary
❖ Because so many fire deaths occur as a result of occupants being asleep in a residential building during a fire, the code requires that all basements, habitable attics and sleeping rooms have windows or doors that may be used for emergency escape or rescue. The requirement for emergency escape and rescue openings in sleeping rooms exists because a fire will usually have spread before the occupants are aware of the problem, and the normal exit channels may be blocked. The requirement for basements and habitable attics exists because they are so often used as sleeping rooms. A fire in a mechanical room adjacent to a stairway could engulf the only means of egress for the basement without the egress window or door.

Openings required for emergency escape or rescue must be located on the exterior of the building so that rescue can be performed from the exterior and so that occupants may escape through that opening to the exterior of the building without having to travel through the building itself. Therefore, where openings are required, they should open directly into a public street, public alley, yard or court. After the occupants pass through the emergency escape and rescue opening, their continued egress is essential. Where a basement contains sleeping rooms and a habitable space, an emergency escape and rescue opening is required in each sleeping room but is not required in adjoining areas of the basement.

 

[mtlogcabin]

Strictly speaking of existing residential dwellings, not new construction.

Where in the code are floor coverings required? The section you quoted is for the structural requirements of a floor. I agree 305.3 "and other defective surface conditions shall be corrected" could be used for loose floor coverings that could be a tripping or slip and fall conditions.

44" maximum sill height for an EERO or 48" fence IMHO not much difference for getting out of the area.

Town house? How do you require a gate be installed that gives you access into a neighbors back yard?

 

[bill1952]

Iirc, a one family dwelling is required to have one MOE. If it meets that, doesnt that MOE serve fenced or walled in rear yard.

I'd strongly recommend the gate but I don't think the IRC requires it if the one MOE is otherwise met.