From the 2006 IRC, and it's been this way in most codes for a long time. (underlining is mine)
- R312.2 Guard opening limitations.
Required guards on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures which do not allow passage of a sphere 4 inches (102 mm) or more in diameter.
- - Exceptions:
- - - 1. The triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway are permitted to be of such a size that a sphere 6 inches (152 mm) cannot pass through.
- - - 2. Openings for required guards on the sides of stair treads shall not allow a sphere 4
3/8 inches (107 mm) to pass through.
That means ANYWHERE from the bottom to the top of the guard railing.
Most have seen "ornamental" railings which do not even have vertical balusters, just a ornamental in-fill design ... ANYWHERE in the in-fill panel (whether balusters or otherwise).
Originally Posted by
brian schmitt
what year was it built? may have been legal!
Brian,
"may have been legal!"
And that is going to stop a small child from getting caught and killed ... how!?!
When that client's attorney sends a fat letter including you in the lawsuit resulting from a 'the foreseeable death' of their small child, you will then find out what "legal" means. As in 'You are "legally responsible" in part for the death of that child.'