Expert: Sharon Toji - 10/7/2011

Question
I just purchased a home in Pittsburgh, PA in May of 2010. My company is moving me now to North Carolina and I am dealing with the relocation services on a number of things. In question now is the addition of handrails in 3 different places. I was never told this was a safety issue during my inspection when I purchased the home and whenI followed up with the inspector/my realtor as to why - they told me since my house was built in 1959, it was "grandfathered" into code. However, if I was to rebuild the stairs, I would then need the addition of handrails. Do you know if this is true and furthermore where I might obtain such information in writing to provide for the relocation company? Please advise.

Answer
I know of almost no codes of any kind that require you to remodel something that was code compliant at the time it was built. ADA rules could be one exception, if we are talking federal barrier removal law, but do not apply to private residences. In California, some public buildings have to retrofit for earthquake safety. Stair rails, although stairs are indeed a major safety hazard and cause of falls, probably do not come into any of these categories. Also, if you were renting, it might be a different story. You could then be legally liable for safety of your tenant. But when you sell the house, if it was code compliant when constructed, and no remodeling has been done, I think it does not come under code jurisdiction.

I will ask your question on the expert forum I belong to. However, I also suggest that you should contact your local building code department (fire or building and safety) in Pennsylvania, and I think they will tell you this. I will warn you, however, that getting anybody nowadays to answer anything in writing, no matter how factual it is, is extremely difficult. No one wants to take any responsibility.

You might be able to go to a public library in Pennsylvania and get a copy of the building code and find the section that scopes residential housing. Then you would have to find the section to where it tells rules for existing housing. Then make a copy of that for your written proof. Or, your local building department must have the code. If they won't put something in writing, ask them to show you the code, and then pay to make a copy of that page.

Also, I would go back to the realtor who sold you the home, and the inspector who inspected it, and ask them if they can cite the information used to give you the information they did, which I am quite sure was correct information. However, since they have legal obligations, they should be able to give you the code citation that they use.

If I find out anything different than the above, I will revise the answer, or you can keep in direct touch with me at htoji@cox.net.

Sharon Toji