#GRANDFATHER CLAUSE LAW CODE#

ASTM 1637-13 Standard Practice for Safe Walking Surfaces, ANSI A117.1 Accessible and Useable Buildings and Facilities, and 2010 ADA Standards for Accessible Design standards were evaluated for potential application in the matter.

#GRANDFATHER CLAUSE LAW CODE#

The International Property Maintenance Code (adopted by the town) required stairways to have a continuous handrail on at least one side, while the incident stairs had multiple freestanding handrail sections at each of the 7 extra-deep steps, with gaps of about 18 inches between each. The townвЂ™s ordinance for curbing required block curbs to be constructed вЂњstraight and evenвЂќ therefore, the raised section was not in compliance. The raised curbing/block tripped the plaintiff, while the absence of the necessary handrail prevented him from catching his balance and thereby avoiding the fall. Plaintiff did not notice that the incident Belgium block curbing was in a raised condition until after his incident. The location of this tripping incident was Belgium block curbing that had a section raised up about an inch or so from the adjacent sidewalk elevation at the bottom of the stairway. The plaintiff stated that he previously requested the property owners add a handrail to the lowest step of the incident stairs however, the request had not been accomplished prior to the date of the incident. An improper handrail configuration at that location prevented him from grabbing it to stabilize himself and thereby prevent his fall. Smith, PE, Construction Site Safety / OSHA Consultant ::::ДЄn elderly gentleman was walking down an exterior pedestrian walkway when he tripped and fell onto the adjacent parking surface and sustained serious injuries.

Grandfather clause law