I believe code to be anything 18" or above off the ground requires a railing and I do believe railings need to be 36" in height (to the top of the railing).

Does it have a railing now? If you could just "maintain" the existing railing to make it look like that one, perhaps you would be grandfathered in...

I'm not sure that that railing style would be bad at 36" though. But I'm sure you can come up with a variation on it that would do justice to the house.

OK, so I thought I might be able to be grandfathered in because the far right section shown in the picture is still in situ. So if I "repair" the railing, can I leave it? Everything to the left of the stairs is gone though...

Just measured the railing--it's 25" at the top rail. I really like it that height because it gives such a nice view of the street when you're sitting down.

The contractor we are using is just a friend of the family...I wonder if we can just do it that height and keep our fingers crossed.
-Sarah

I have no idea what the legal ramifications for dodging code are and of course you should be good and stuff.

I would restore the railing. It's really cute. If you don't get a permit, there's no inspection, right? Well, I don't know that. Probably depends on where you live and what other things are going on in your restoration. If I had to have an inspection, I'd probably tack a railing between the posts at the proper height and remove it later. It would be naughty and dishonest and all that and of course one oughtn't defy safety codes etc etc.

Ask your contractor if you think you'd get caught. :) It's not like anyone will get hurt if they fall off. I don't believe in skimping safety on pool fences, but this just isn't deadly.

(I'm actually about to remove the railing for a much smaller porch that nobody ever sees when I redo my front yard but in my case nobody's going to notice.)

Thanks, fori!
I'm not one of those law-dodging people when it comes to taxes/laws, etc., but I really think I should be ok in replacing what is there since it's still partially in tact and original to the house, right? (me convincing myself!)
No permit necessary for this project, I don't think.
I'm going to try to locate someone who can make the spindles--hoping I don't break the bank on that one!!
Sarah

A victimless crime--plant something soft down there. Looking forward to seeing how it turns out! :P

Getting a quote from some contacts at a Curtis Lumber in Ballston Spa. Hoping this doesn't cost a FORTUNE!
-Sarah

Did you check the basement? :P