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  1. #1
    Join Date
    Oct 2017
    Location
    GA
    Posts
    1

    Default New Member - Trying to get assistance

    Hi. I am a small business owner (I teach science and offer science camps) in Georgia. I have had an ongoing issue with my landlord.
    The back stairs (emergency exit) to my leased commercial space have terrible stairs. Landlord agreed to fix stairs when I signed lease, but now claims that the stairs were "to code" in 1980 when building was built.

    I will post pictures of stairs shortly.

    I don't think "it used to be to code" is an excuse not to fix the stairs. I also do not think it was ever to code, and he has done construction to the building several times without obtaining a permit.

    His answer today was that he is going to board up the back Exit to my space. Space is 1927 sq.ft.

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  2. #2
    Join Date
    Mar 2007
    Location
    Capistrano Beach, CA
    Posts
    1,510

    Default

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  3. #3
    Join Date
    Mar 2007
    Location
    Fletcher, NC
    Posts
    28,032

    Default Re: New Member - Trying to get assistance

    Quote Originally Posted by Julie Hleap View Post
    Landlord agreed to fix stairs when I signed lease, but now claims that the stairs were "to code" in 1980 when building was built.

    I don't think "it used to be to code" is an excuse not to fix the stairs.
    Whether the stairs 'meet code' or not, what it may come down to is what was 'in the agreement' when the landlord said that he would "fix stairs".

    Written or verbal agreement?

    What did "fix stairs" mean?

    The stairs would not be required to "be brought up to current code" ... but ... could be required to be "maintained in a safe condition to the code at the time of construction".

    I suggest two courses of action on your part: 1) first and foremost, have a local construction inspector who knows the codes there, and can research the code in effect at the time of construction, document the condition of the stairs (everything about the stairs, handrail, rise, run, nosing, level in both cross slope and with the running slope, width, etc); 2) file a compliant with local code enforcement officials (sometimes part of the building department, sometimes separate from the building department), but you may be at the mercy of someone who is a friend of your landlord and nothing will get done.

    Doing 1) above will be more costly because you will have to pay that person for their time, knowledge, and expertise.

    Doing 2) above will not cost you anything, but you may get unexpected results as they may find 'code enforcement issues' you created, in addition to (or instead of) just the stairs.

    Unfortunately, hiring a home inspector for 1) above will be hit or miss as there are some very good and knowledgeable home inspectors out there, but ... there are also a lot of home inspectors who are 'just doing it for the money' and don't really care or have much knowledge - tell us where in Georgia you are and we (members of this board) may have recommendations for a home inspector qualified to do what you need.

    Jerry Peck
    Construction/Litigation/Code Consultant - Retired
    www.AskCodeMan.com

  4. #4
    Join Date
    Mar 2007
    Location
    Windsor Ontario
    Posts
    378

    Default Re: New Member - Trying to get assistance

    Two things come to mind....safety, and a second safe means of exit from a 2nd floor unit. Boarding up an "exit" can pose a fire hazard, that could be devastating or potentially cause loss of life. Assuming in a case of a fire, how would one exit if the main exit was blocked by the fire?

    Again, it's difficult to give more detail about "what issues or defects" may be concerns without actually having more detail such as photos to evaluate.


  5. #5
    Join Date
    Dec 2008
    Location
    Maryland
    Posts
    2,809

    Default Re: New Member - Trying to get assistance

    Exit to stairs was there when you signed lease and could be argued that it is part of the lease agreement, same with stairs. Stairs must be maintained, owner of building has the liability for any accident.

    Get local government inspector to provide written response to complaint of structural safety concerns. Then you have something to work with to get corrections made.


  6. #6
    Join Date
    Mar 2007
    Location
    Atlanta, Georgia
    Posts
    1,088

    Default Re: New Member - Trying to get assistance

    Based on the name she provided and that she offers science camps in Georgia, appears the building is likely in Roswell, Georgia (North Atlanta Area). The IBC would be in effect for a commercial building today but was not in effect in 1980's. Google maps shows the building as a single story building on a relatively level lot. Stairs are likely to be not more than 4 feet in height. Also likely to be wooden "deck" type stairs.

    There is a fire station almost directly across the street if I have the correct location. I betcha the fire station would be happy to stroll across the street and look at the building if you explained the emergency exit is going to be boarded up. At the very least, they could provide you the name of the local fire marshal and his contact information. The fire marshal has the power to write up hazards and require repairs to buildings. Just saying this may be an alternate solution.

    The AWC DCA6 might just be enough information for Julie to review the stairs herself and determine they are not even to residential standards. Since the AWC DCA6 is a mostly picture document that is free online, Julie could google the document, print the 20ish page document and highlight the areas that are defective herself. Or at least use the document to become familiar with basic stair construction and be able to speak intelligently to the the landlord about what could be done.

    Yes, I am a home inspector that lives and works in Atlanta and am familiar with that part of town. No, I'm not a stalker but since Julie provided both her first and last name, Facebook was able to find her. Top of her Facebook profile indicates she runs a science camp. Clicking on the link takes you to the Science camp Facebook page which has an address. Google maps shows a picture of the address. I understand it is kinda creepy but that is the power of the internet.

    "The Code is not a peak to reach but a foundation to build from."

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