Will my deck staircase meet code.

I have been posting on problems that I have had in building a 2nd level deck through a local contractor. The deck fits into an "L" corner of the house, so it borders the house on two sides, a pool on one side, and one side that has no structure against it.
One of the issues was with the staircase leading to the deck. The staircase had a limited space where it could be put due to the proximity of a pool and pool fence. I guess that a stair case could be put on the only end of the deck not butting the house or next to the pool, although I would not prefer this, and once again this would entail more cost and time. The staircase was against a wall of the house, and the eve of the house is quite low relative to the level of the deck. The staircase is pretty much up against an exterior wall of the house with an eve extending 15" past the wall of the house and over the staircase. The staircase goes up to the deck at a similar angle to the eve of the house. After the contractor had partially constructed the stairs it became clear that as he had constructed it, I would hit my head (im 5' 9" ) at multiple places goin g up the staircase if I walked up the side of the stairs next to the house) , so I paid the contractor to tear it down. Now he is planning to reconstruct it at a steeper angle than previously which allows adequate head clearance (over 74") until the final step onto the deck. The final step onto the deck only has about 66" on the portion of steps against the house. The portion of the steps (about 27" of stair width) has no eve above it so it is totally clear.
Would the fact that 15" of the last step onto the deck has low head clearance pass code? Once again, there is about 27" of width that has no eve above it. If this does pose a code violation, would it rectify the situation to place a rail at the top of the deck preventing stepping onto the deck at a location with eve above it? I personally can see no way to rectify this situation without tearing out the pool fence to allow movement of the stairs away from the eve of the house (of course having no pool fence is probably a code violation too), or totally moving the stairs to the end of the deck not next to a portion of the house or pool .
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Code varies from town to town. Even when you're not in compliance with code, inspectors will sometimes let things pass if its not unreasonable. If they won't let it pass you can ask for a variance.
You need to stop being afraid of the code and the inspectors. It is what it is and you'll have to deal with it sooner or later. Even if you can live with things you don't like one day you'll be selling the house and how will that be affected?
Sorry, but this is just getting annoying now. Call the town and discuss this. Maybe everything is fine the way you have it. Maybe you don't even need a permit.

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You'll probably find that 80 inches clearance at a point directly above the nosing of any tread is a code violation. And the 27 inch width is under code also (36"). Sounds like the only solution to your problem is to that open side for the stairs, or to look into a spiral staircase.
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I am sorry for beating this thread to death, but please understand where I am coming from. Further, I am grateful for the many posters who have taken their time to give their insight and experience on this thread.
I started this whole thing as an effort to prevent someone from being injured on the old rusty staircase to a deck which clearly was not built to code, or failling from the deck from breakage of the rusty railings. I started with a cost estimate of less than eight thousand dollars (labor and materials). I did not know that a permit was required. I thought that I would be improving the appearance, safety and value of my home.
Now I have already spent 22K, have a builder (high bidder) who I have had repeated conflicts with over his charges for things that in all honesty, I do not believe or understand could be considered extras. I have paid nonetheless for 100% of the builders extra charges because I have always been the type of person who tries to be more than fair in dealings with others, although I have let the builder know that I did indeed totally disagree with his charges as reasonable. Now I am petrified that despite all my good intentions, this projects costs will only continue to significantly escalate. I am not joking that at this point that the thought just occured to me that it is a viable option to simply demo the whole thing. I truely regret ever starting the project.
How is it possible that this could happen? How is it possible that a professional contractor would start work on a project that the contractor knows requires a permit but does not obtain one. Why does the city not make it mandatory that a professional contractor get one. This would be no different than a surgeon getting a consent prior to surgery. I am sure that if failure to get a permit by a contactor led to stiff fees or loss of licensure for the contractor, this problem would not happen or would happen very infrequently. I am not a contractor, indeed I have no building skills or expertise whatsoever, and that is why I hired a professional contractor. Why is the burden of getting a permit put on the homeowner who, as in my case, is unaware that a permit may be required? It would seem to me that a contractor should be held liable if they knowingly work on a project without a permit leading to extra costs to make the project meet code. I know that if the inspector requires any changes, my contractor will demand extra labor costs to correct code violations. Does the city have the authority to compel the contactor to fix code violations, How should I handle it when my contractor demands extra labor costs to fix these code violations. ?
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In a previous post snipped-for-privacy@yahoo.com wrote...

You, as the project owner, have the legal responsibility to bring all parts of the project to code. If the work is not to code then you can in turn pursue legal action against the contractor to make him bring his work into compliance. Is the contractor licensed and bonded?
In all of this I don't recall if you said you signed a written contract. Did you? Did you at least get a written estimate? Even if you did neither you may still have legal recourse against your contractor. It's probably time to talk to an attorney.
--
Bob Morrison, PE, SE
R L Morrison Engineering Co
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Finding the keyboard operational snipped-for-privacy@yahoo.com entered:

down to review it. Now I am not a lawyer or a builder but I will try to help you out. First, get out the orginanal estimate and read every word on it. What you are looking for are - Homeowner is responsible for permits. You also want to find out what the change order procedure should be. If you can't find either, check your contract for them. Also find anything that describes exactly what work the contractor is going to do. Is there a drawing that you can measure against? Go check what was been built vs. the drawing. Now that you know where you are, I will try to answer some of your questions.

It happens more often thn it should. Some contractors will even tel you that it's a pain in the butt to get a permit and no one will ever notice Or you will hear that the job is considered a repair and doesn't need a permit. OR THE HOME OWNER IS RESPONSIBLE FOR THE PERMIT(s)! All the contractors I have dealt with will pull the permits for an extra charge but it started out as my responsibility. As I understand it, since one contractor, say plumbing, doesn't know the scope of work for say the electric, the burden falls to the homeowner or the generral contractor if there is one and the permit is included in his contract.

That's why I want you to find out what your change order process is. My brother was having some major modifications done to his house. His wife off handledly said to the workers one day "that would look better over there". When my brother came home from work, he found that wirk had been ripped out and redone based on my SIL remark. Luckily his contract required written changes only. The builder had to rip out the new stuff and rebuild to the plan at his cost.
Just in case you haven't realized it, you are gambling your certificate of occupancy here. If the building inspector happens to drive by and see's what is going on, he will stop the work if a permit is required and not posted. Around here that also makes the whole house fair game. No grandfather clause allowed.
You are at 150% of what you thought the deck would cost and you are still dancing around. Get hold of your project. If you are responsible for the permit, get on the phone with the building deptartment and be prepared to bite the bullet. If work is being done without your approval, stop it and get the details worked out. It' your house,don't gamble with it. Bob
--
--
Coffee worth staying up for - NY Times
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There was a written contract, although it was very simple. It does say in the preprinted portion of the contract, that "All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. "
I think the sentence, " All work to be completed in a workmanlike manner according to standard practices," would include complying with building codes in this area. Do others agree? The contract also calls for "new stairs will have a landing at mid point-landing size approximately 36" x 36" I would point out that it was understood by me, that the stairs would be placed in the same location that the old stairs were located, although I did not know that this was a code violation. I guess the contractor could argue that everything was built soundly in a carpentry sense, and that is what is meant in the contract, but I do not think this would be the proper legal or common sense interpretation of the sentence.
Does the fact that the owner asks the builder to build something violating building codes (unknowingly) , relieve the contractor from the clause in his own contract that he will build "according to standard practices?"
I am person who will keep to his word no matter what the costs, and even though I disagreed with all the extra charges I did eventually pay them (even though there was no written authorization) Further, I will freely admit that I asked the contractor to build the stairs in a location that apparently causes a code violation, but I only did this because I did not know it was a code violation.
The Other Funk wrote:

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In my city, stairway clearance is 80" (same as a doorway opening) measured vertically from a line connecting the noses of the treads.
-- Dennis
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Finding the keyboard operational consumer@yahoo. <snip of a lot of questions> Building inspectors are not the enemy. They may not be your friend but they are not out to "get" you. Every building inspector I know would rather have you redo a part of your project then to tear the whole thing done and start over. This also applies to electric and plumbing. Look at this way. When you or your heirs go to sell this house do you want the deck torn down in order to make it saleable? Get with the building dept. and get the right answers. Bob
--
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Bob's right, and that's been my experience as well. I'm sorry for getting snippy in my last post, I get that way late at night. But there's really nothing more we can add or advise for you. Honestly, it will all be OK. In fact you'll be relieved to have this burden off you shoulders. Promise us that first thing Monday you'll at least call the building department, even if you do it anonymously, and ask some questions so that YOU know your situation a little better.
S
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sir, the boca code requires the following: 80" of headroom "anywhere" on the stair run PERIOD... as for your contractor, he has plans submitted and approved by the town or county, follow them. You may not change the location of stairs for various safety issues( egress, sideline requirements) without a written plan change approved by your local officials. a staircase (unless spiral) shall have 36" tread width , 9.25" minumum tread depth, and maximum 8.25" rise per stair ( all are to uniform including landings). rach place there is a change in direction there is a required platform of 36" by 36". I am a contractor with 26 years experience. these are the rules, have the contractor follow them. By the way, why did you PAY him to tear the other ones down? If they have design issues, that can be calculated ON PAPER prior to building. remove the soffits on the side of the house. this move should have been done initially, a contractor with extensive experience would not have missed this.

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