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SouthernLandLady · Apr 5, 2007, 05:40 PM

I have a condo in Florida which has a balcony rail. I have been told it doesn't meet the code requirements and I must replace it. Where can I find the present requirements and the possibility of being grandfathered?

RichardBondMan · Apr 5, 2007, 06:06 PM

Originally Posted by SouthernLandLady

I have a condo in Florida which has a balcony rail. I have been told it doesn't meet the code requirements and I must replace it. Where can I find the present requirements and the possibility of being grandfathered?

Call the city or county where you live as they are responsible for enforcing the code. By the way, who told you the balcony rail didn't meet code. If it was the inspector, ask him or her.

Fr_Chuck · Apr 5, 2007, 06:25 PM

Well who told you it did not meet code, and had to be replaced, merely ask them to provde you with the code they are basing this on.

But calling the city code enforcement is a great idea also.

Cvillecpm · Apr 6, 2007, 02:54 PM

This railing is usually a "limited common element" of a HOA and the HOA takes care of the maintenance, replacement, etc. Check with your HOA board or mgmt co

SouthernLandLady · Apr 8, 2007, 12:43 PM

Thanks for the responses. The condo association hired an inspection company that said the railing didn't meet code but it might be covered under a grandfather clause and wouldn't have to be replaced. The condo documents state that the balconies are the responsibility of each owner rather than the association. They are using scare tactics to try to get everyone to replace the railings by quoting "studies" that show the average toddler can crawl through a 6" opening. For some reason that takes priority in their minds over the fact that the association REQUIRS each Owner to have chairs on the balcony that we have seen kids standing on and looking over the rails. That seems like just as much of a liability.

ballengerb1 · Apr 8, 2007, 12:58 PM

The vertical stiles of your rail are definitely not current code, 4 ". They made to code 4" so a child's head can not get through it. It is more for infants rather than kids old enough to stand on chairs. I would replace it to insure the safety of my grand children and future kids. Grandfathered or not you can be held liable if an injury happens.