Board Of Building Inspection Grants Variances For Non-Conforming Staircase

The Board of Building Inspection met 06/21/2021 and took up the variance request for a homeowner who was remodeling his house and had a staircase that did not conform to the Uniform Dwelling Code.

He was actually facing two issues. The first was that the risers on the stair case were not uniform in height. Most were 8″ high (the maximum heigh allowed by code) while one was 9″ high which was an issue because it was markedly different from the height of the other risers and also because it was one inch higher than the maximum allowable height for a riser. The contractor was asking to handle this issue by installing a second railing on the staircase so there was one on each side which would provide a better hand hold and stability to people using the staircase.

The other issue was that the ceiling height at the bottom of the stairs was only 5’8” whereas by code it needs to be at least 7’. The contractor was asking to handle this issue by installing a rubberized bumper pad on the low corner of the staircase to reduce the chance of people injuring themselves if they bump their heads.

Inspections Supervisor Kurt Craanen said that when the permits for the remodel were issued, they realized the stairs were inconsistent with code and they figured that the issue should either be corrected now that the basement is being finished or they should get a variance. There really was no viable alternative other than getting a variance and city staff was recommending that the variances be granted.

Interestingly enough, it turned out that the contractor’s proposal to install a second handrail had issues. The staircase was 39” wide from wall to wall. With one handrail installed it was 36” from handrail to wall. If another handrail was installed that would go down to 33” from handrail to handrail. The Fire Department prefers that hallways and passages have at least 36” of clearance. Anything less created a potential safety hazard for fire personnel should they be called to that house.

The Board ended up granting the variance without requiring that any sort of effort be made to make that step safer and, in fact, were very explicit when granting the variance that they actively did not want a second handrail installed.

The variance for the low headroom ran into no issues. City staff recommended that variance also be granted and after the Board confirmed that the issue was not related to any remodeling that has been or was being performed but was simply a result of the house being very old, they approved the variance with no further discussion.

So, it seems that owners of hundred year old houses built by men who preferred eyeballing it rather than breaking out the yardsticks and levels can breath easy and have a reasonable expectation that the city will grant variances for the…quirks so often found in said abodes.

View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=872805&GUID=1CAF8948-5FDC-4F4E-A0C1-C6EFF7FA3CB1&Options=info|&Search=

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