The mystery of building codes

Q. My brother and I have our parents’ home, and we’ve been getting it ready to sell. The house needed some fixing up over the years, and we found out that we had to get permits to add a dormer and a staircase to be able to sell. The Building Department is saying that we have to put in a 3-foot-wide staircase even though the one that went to the attic and dormer has always been there. The one we have is 28 inches wide. My questions are: can they make us do this, and why does a stair have to be 36 inches wide? Also, my brother hasn’t let me know how much the permits cost. How much are they?

A. Sorry, but I paraphrased your long, but detailed letter, with its explanation of your house history, how your mother didn’t drive, how your brother retired to Florida and the wonderful years you spent growing up in your parents’ house. Eventually I figured out your three questions, carefully woven into your life’s story, but decided not to try to have the whole letter printed.

My oldest code book, published with illustrations dating back to 1977, described the width between handrails on either side of a staircase or between the handrail on one side (required) and the wall as being a minimum distance of 28 inches. Since the handrail was built over the staircase, the distance to the wall or rail on the other side is less than required. You mentioned the magic word “attic” and I realized your stair was originally built for “occasional use.” The code allowed as little as 22 inches, at one time, for attic staircases, but when you converted the attic to a living (habitable) space, the staircase had to comply with the wider access requirement.

Why is that? Well, people who make up the codes have a special set of darts and a dartboard. They convene at a local bar every quiet Tuesday night and draw up crude sketches of different choices in whatever they’re planning to make a law about, and then take turns throwing darts. Based on the number of darts landing on a choice, that becomes the rule. They all shake hands and saunter back into the foggy night.

Actually, codes are based on several safety factors, fire statistics, trends in construction material types and availability, and body proportions. One official recently pointed to his gut and summed it up this way: “I’m a fireman. Do you want me to get stuck trying to save your life?” Stairs need to be wide enough for anyone to use. Building departments generally don’t make you do things. They make you want to do things (if you want to get results, like clearing title or avoiding penalties). The permit cost is public record, and you only need to ask your Building Department. Good luck!

© 2012 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.