by Jerry Peck - Codeman on Wed Oct 03, 2012 3:46 pm
That is a question for your AHJ as some will tell you that a guard rail is required to be at least 42 inches high, others will ask you "What guard rail?" as their way of saying 'if it not required it is not a guard'.
I ask this question to help you decide: "when someone falls over that "barrier", what will their attorney call it in the legal papers they send to your attorney when demanding payment of the claim?"
A "Guard" rail is what the attorney will call it.
Then your insurance company will need to decide what they call it. If your insurance company calls it anything other than a "guard"rail ... a judge will get to decide what that "barrier" is to be called. I'm guessing a judge will call it a "guard" rail. Now you get to write checks to a lot of people in addition to the contractor who will replace it with a 43 inch high one (43 inches because you don't want to take a chance that it may not be at least 42 inches high).
Just some food for thought ... even if the AHJ does not call it a guard rail.
Jerry Peck - CodeMan
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Construction Litigation Consultant - Retired
Construction and Code Consultant - Semi Retired