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Safety Code provisions in slip and fall cases Introduction: If you slip and fall on a flight of stairs, the first thing to check is whether the stairs violated any provisions of safety codes. Do the stairs have railings on both sides? Are the railings safe or were they lose? Are the stairs of equal height and width. One common cause of falls is what is known as a single step. A single step, or curb, often leads to falls, since people are not used to the step and miss it. Building and safety codes often broadly define who is the owner of the building, and allow you to bring a claim against the owner, the mortgagee in possession, or the building manager. Always check the provisions of all applicable safety codes in a slip and fall case. Attached are some safety code provisions relating to ownership. Always check to see if these codes have been updated and the effective date of the codes prior to using them. This article is designed to give you a starting point to your research, it is not designed as legal advice. Jim Fiorentini
This is the hardest part of Code research. You want to research codes in effect at the time the building was built, codes in effect at the time of any renovations to the building and codes in effect at the time of the fall The problem is that numerous times along the way new codes are adopted and those new codes often have provisions for existing buildings. When looking at the codes look at three things at a minimum: 1. The code provisions in existence at the time of the code. For example in the State building code look at article 6 on means of egress. 2. PROVISION OF the code for existing buildings. 3. Any special provisions of two and three family houses which are often in a special section of the code. 1964-1975 The City of Haverhill used the 1955 edition of the National Building Code. Note that code had many provisions for existing buildings. 7/31/69 to 1/1/75 regulations under c. 143 sections 15 to 52 for means of egress in Massachusetts. 7/1/75 to date—State Building Code Massachusetts, amended many times in the meantime. NH does not have a state building code. Each local town in NH has its own code. Most of them have adopted some provisions of the BOCA Code which we have upstairs with the Codes. The Massachusetts Code is based upon the BOCA Code. The most commonly used building code in these parts of the country is the BOCA Code. Most NH communities use it and the Massachusetts State Building Code is based upon it. There are several other commonly used codes throughout the country. Life Safety Code—we have several versions of it upstairs and we have the Life Safety Code Handbook. The life safety code is widely used, is incorporated somehow or other into the state building code. It has terrific provisions on fires and on means of egress. If you have a fire use this code. If you have a single step case, use this code. (It has some good language below.) If you look in Life Safety Code always also look in the Appendix, particularly Appendix A, and in the Handbook. Uniform Building Code—we have it—is used extensively in the Western Parts of the country. OSHA—governs standards in the construction industry and in the workforce. If you have someone hurt at work always look at this. We have it in CD-ROM. ANSI Standards—American National Standards Institute—publishes hundreds of Codes. Most OSHA standards are based upon ANSI standards. Great in fire cases. Attorney General’s Consumer protection regulations under c. 93A available o CD-ROM here on in printed form at the Haverhill Public library. These regulations have terrific provisions on ownership. Do not assume that owner means owner of legal title or record owner. There are many regulations expanding the definition of owner to include mortgagee in possession, manager, trustee (do not be a trustee of anyone’s property) guardian etc. Managers are properly considered owners. Here is a small sampling of the regulations expanding the definition of owner.
780 CMR - Fifth Edition 2-22 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. 780 CMR - Fifth Edition 1-3 Article 2780 CMR - Fifth Edition 2-22 Owner: Every person who alone or jointly or severally with other (a) has legal title to any building or structure; or (b) has care, charge, or control of any building or structure in any capacity including but not limited to agent, executor, executrix administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (c) lessee under a written letting agreement; or (d) mortgagee in possession; 780 CMR - Fifth Edition 2-22 ------------------------------------------------------------------------------------------------------------------------------- SECTION 804.0 EXISTING BUILDINGS 804. 1 Owner responsibility: The owner or lessee of every existing building and structure shall be responsible for the safety of all persons in, or occupying, such premises with respect to the adequacy of means of egress therefrom. 804.2 Unsafe means of egress: In any existing building or structure not provided with exit facilities as herein prescribed for new buildings and in which the exits are deemed inadequate for safety by the building official, the building official shall issue an exit order in the form of a violation notice. 804.2.1 Appeal from exit order: Within seven days after the Massachusetts Building Code 1000.3 Maintenance: The owner, tenant or lessee of every building or structure shall be responsible for the care and maintenance of all fire protection systems, including equipment and devices, to ensure the safety and welfare of the occupants. Fire protection systems shall not be disconnected or otherwise rendered 780 CMR - Fifth Edition 10-1 Massachusetts Building Code 780 CMR 22 found in 76 recs Text : (This Article is entirely unique to Massachusetts - Except for reformatting and minor typographical changes, it is the same as Article 21 of the Fourth Edition of the Massachusetts State Building Code.) 3400.1.1 Basic code provisions: The requirements for one and two-family dwellings are stated in other articles of the basic Overall thermal transfer value, (ottv): Overall heat gain through the building wall. Owner: Every person who alone or jointly or severally with others (a) has legal title to any building or structure; or (b) has care, charge, control of any building or structure in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (c) lessee under a written letting agreement; or (d) mortgagee in possession; or (e) agent, trustee or other person appointed by the courts. Each such person is bound to comply with the provisions of the Basic Code.
b> ramps—section 615 5-2.2 Interior Stairs 5.2.2.2 Stair details 5.2.2.2.8 The minimum number of risers in any one flight of stairs shall be 3. 5-2.2.2.2.10 There shall be no variation exceeding 3/16/th inch in the depth of treads or in height of risers in any flight.
"The minimum tread depth of such stair shall be 13 in. (33.o cm) and the location of each step shall be readily apparent." [virtually identical to the 1988 edition) : ] " Changes in level in means of egress not more than 21 in. (53.3 cm) shall be either by a ramp or by a stair complying with the requirements of 5-2.2. The minimum tread depth of such stair shall be 13 in (33 cm) and the location of each step shall be readily apparent." (page 101-27 of 1994 edition.
"Aside from the problems created for persons are mobility impaired, small changes of elevations in floors are best avoided because of the increased occurrence of missteps where the presence of single steps or a series of steps is not readily apparent. A contrasting marking stripe on each stepping surface may be provided at the nosing or leading edge such that the location of each step is readily apparent, especially when viewed in descent. Such stripes shall be at least 1 in (2.5 cm) but no more than 2 in (5.0 cm) in width. Other methods including lighting of each tread, contrasting colors, contrasting textures, a combination thereof, or other similar means. The construction or application of marking stripes should be such that slip resistance is consistent over the walking surface and no tripping hazard is created. (see also A-5-2.2.3.4) Depending on the distractions of the surroundings, the familiarity of users with a particular small change of level and the number of people that might be in a group traversing the change of level (thereby reducing visibility of the level changes) additional warning measures might be needed to ensure that the attention of all individuals is drawn to such ramps, platforms and steps especially during descent. These measures include prominent handrails within reach of users, warning signs, and highlighting each step by illumination."
"single risers both inside and outside the home SHALL be avoided." Teledyne Brown Engineering, A Design Guide for Home Safety, US Department of Housing and Urban Development, Jan 1972 405. Exterior Stairways. 405.1 General 405.1(a) Exterior stairways and stairs shall conform to the requirements for interior stairways and stairs in Section 405. 405.5(g) The minimum number of risers in any flight of stairs shall be 3.
Life Safety Code Appendix A 1994 edition page 101-241: Handrails are one of the most important components of a stair." Life Safety Code Handbook. Fifth Edition, page 71-73: 5-2.2.4.2 Handrails. "Each new stair and each new ramp with a slope exceeding l in l5 shall have handrails on both sides. In addition, handrails shall be provided within 30 in. (76 cm) of all portions of the required egress width of stairs. The required egress width shall be along the natural path of travel. Existing stairs and stairs within dwelling units and within guest rooms shall have a handrail on at least one side. (See also 5.2.2.4.5.) Exception: On existing stairs, handrails shall be provided within 44 in. (ll2 cm) of all portions of the required egress width of stairs." A-5-2.2.4.2 "The intent of this provision is to place handrails for the required exit width of stairs only regardless of the actual width of the stairs. The required exit width is along the natural path of travel to and from the building. Examples of this requirement are shown in Figure A-5-2.2.4.2. The reduced intermediate handrail spacing of 60 in. (l52 cm) along with a handrail height within the permissible height limits permits everyone to reach and grasp one handrail. Except as noted 5-2.2.4.3 and 5-2.2.4.5, handrails are not required on stair landings." 5-2.2.4.3 "Required guards and handrails shall continue for the full length of each flight of stairs. At turns of stairs, inside handrails shall be continuous between flights at landings. Exception: On existing stairs, the handrails are not required to be continuous between flights of stairs at landings. 5-2.2.2.4 "...Many accidents have resulted from irregularities in stairs. There should be no design irregularities. Variations due to construction are permitted provided the variation between adjacent treads or adjacent risers does not exceed 3/l6 in. (.5 cm) and that the difference between the largest and smallest riser, as well as the largest and smallest tread, in any flight of stairs does not exceed 3/8 in. (l.0 cm)." "...Where a stair lands on sloping public property, such as a public sidewalk, the building owner usually has no right to alter the public property. Therefore, the Code accepts a certain minimum across-the-stair slope not in excess of l in l2. If reasonably possible, any such variation in riser height should be avoided." provides that exterior stairways shall conform in all respects to the requirements for interior stairways. Section 618.5 of the BOCA Code clearly requires that there be handrails on the exterior stairs: Unless otherwise specifically provided for in this code all stairways shall have continuous guards and handrails on both sides, and in addition thereto, stairways required to be more than eighty eight (88) inches in width shall have intermediate handrails dividing the stairway into portions not more than eighty eight inches wide."
Stairways shall have continuous guards and handrails on both sides. Intermediate handrails are required so that all portions of the required width of stairs are within 30 inches (762 mm) of a handrail. There shall not be variation exceeding 3/16 inch (5 mm) in the depth of adjacent treads or in the height of adjacent risers. Guards shall be provided on both sides of the ramp and shall be constructed in accordance with Section 1021,0 handrails conforming to Section 1022.0 shall be provided on both sides of every ramp having a slope greater than one vertical unit 20 units horizontal (1:20). handrails are not required on ramps where the vertical rise between landings is 6 inches (152 mm) or less. All exterior stairways and fire escapes shall be kept free of snow and ice. Exterior stairways and fire escapes constructed of materials requiring the application of weather protecting products, shall have these products applied in an approved manner and shall be applied as often as necessary to maintain the stairways and fire escapes in safe condition. 8.1 "ALL RAMPS REQUIRED AS A MEAN OF EGRESS FOR The HANDICAPPED SHALL COMPLY WITH THE FOLLOWING: 8.2 Slope of ramps shall not exceed one in twelve (1:12) 8.4 handrails shall be set on both sides of a ramp (section 8.4) 8.5 A ramp shall have a surface that is non-slip (emphasis in original). 8.5.2 Ramps shall not be carpeted except with carpeting specified as high density, low pile, nonabsorbent, stretched taughtly, securely anchored, and without padding. " 9.5 Door mats less than one half (1/2) inch think shall be secured anchored at all edges to avoid tripping. Door mats thicker than one half (1/2) inch shall be recessed. ...Obstacles shall not impede the means of egress." 1115.5(b) "when the required width of a flight of stairs exceeds eighty eight (88) inches, one or more intermediate handrails, continuous between landings, substantially supported and terminating at the upper end in newels or standards shall be provided and there shall be not more than sixty six (66) inches between such adjacent handrails." 407.6(f) ramps shall have handrails on both sides. 616.4.1 Minimum dimensions: The height of risers and width of treads in inches shall be as indicated in the following Table 616.
Note 1. Within any flight , a tree sixteenths (3/16) inch maximum variation in riser height or tread width is permitted. Stairways shall have continuous guards and handrails on both sides, and in addition there, stairways more than eighty eight (88) inches in required width shall have intermediate handrails dividing the stairway into portions not more than eighty eight inches wide. Stairways in one and two family dwellings may have one (1) handrail. 616.9 Unless otherwise provided, all required interior stairways shall be built entire of noncombustible materials with solid risers, treads and landing platforms, and all finish floor surfaces of non-slip non combustible materials; except that wood handrails shall be permitted, complying with the requirements of section 616.5 617,3,5 Guards and railings. Guards and railings of ramps shall comply with applicable requirements of section 618.5 except that only ramps having a slope steeper than one in twelve need comply with the requirements for handrails and intermediate handrails shall not be required. 618.5 Stairway Guards and Handrails. Unless otherwise specifically provided for in this code, all stairways shall have continuous guards and handrails on both sides, and in addition thereto, stairways required to be more than eighty eight (88) inches in width shall have intermediate handrails dividing the stairway into potions not more than 88 inches wide except that on monumental outside stairs intermediate handrails may be omitted. 4.(a) ...... There shall be not more than fifteen (15) nor less than three (3) risers between landings . To overcome lesser differences in level, gradients not exceeding one (1) foot in ten (10) shall be used. (no single step) 6. (e) Exit stairways more than thirty six (36") inches in width shall have handrails on both sides. "Handrails also play a part in stairway accidents. Some falls occur when rails are loose and others occur when people have their arms full and can’t use the railings. The condition of the stairs is yet another facto contributing to accidents, broken steps, unstable staircases and loose concrete can cause people to fall. Prior to the adoption of the State Building Code, the City of Haverhill used the National Building Code. The Haverhill Code 1963 adopted the 1955 edition of the Code effective March 12 1963. (these would have stayed in existence at least until the 1969 regulations took effect.) (On 7/31/69) The State Building Code took effect on 1/1/75 Provisions of that code: 1796,3 Minimum requirements for existing exit stairways The stairways in one of the required exit ways from any story or stories occupied by a total of 6 or more persons shall have treads not less than 7 inches in width and risers not higher than 9 1/2/ inches or more than 1.2 times the width of tread. Winder treads shall have a width of not less than 6 inches measured one foot form the narrow end. (b) All exit stairs shall be guarded at the sides by well secured balustrades or other acceptable guards wherever such are need for the safety of users, and shall have a handrail on at least one side. 1706.10 Exit Doors 1706.11 Exit signs, lighting and maintenance Exit ways shall b equipped with signs and be lighted and maintained in accordance with sections 501.12 and 610.
(b) All stairways shall have solid treads and rises securely fastened in place. (c) treads and landings shall be adequately supported for their entire length and wide and shall have a surface designed to limited the danger of slipping thereon. (b) Interior stairways in buildings 4 stories or more in height shall be enclosed with partitions of approved noncombustible material having a fire resistance rating of not less than 2 hours. (c) In buildings less than 4 stores in height interior stairways shall be enclosed in partitions having a ire resistance rating of not less than one hour. In buildings of fire resistive construction and noncombustible construction such partitions shall be of approved noncombustible material." 604.6 treads and risers. risers shall not exceed 7 ¾ inches in height and treads, exclusive of nosing shall be not less that 9 inches wide; ... treads and risers shall be of uniform width and height in any one story. 604.8 Handrails (b) such stairs when less than 44 inches in width shall have handrails on at least one side. (c) Such stairs when required to be 44 inches or more in width shall have handrails on both sides. (d) When the required width of a flight of stairs is 88 inches or more, intermediate handrails continuous between landings and securely supported shall be provided so that they will not be more than 66 inches between adjacent handrails. Section 607 Ramps: "shall be provided with non-slip surfaces." 610.1 Physical condition All required exit ways shall at all times be maintained in good, safe, usable condition and shall at all times be kept free and clear of obstructions and readily accessible."
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