#Grandfather clause law illinois waterfowl hunting

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Grandfather clause law illinois waterfowl hunting

GRANDFATHER CLAUSE LAW ILLINOIS WATERFOWL HUNTING CODE

When the walkway in this incident had been repaired, a permit was required to do so by the town.

GRANDFATHER CLAUSE LAW ILLINOIS WATERFOWL HUNTING CODE

While the code in place at the time that the exterior stairway was first constructed may not have required a continuous handrail on one side, anytime major renovation or repair work is performed, the newest code must be met by all involved features. The missing handrail section requested by plaintiff was installed at that time as well.īuilding codes in effect at the time facilities are first constructed establish requirements of building and walkway features. While the standards were not directly enforceable in the matter, they remained valid and definitive for identifying conditions which should be considered “hazardous”.Ī concrete contractor was hired by defendants to replace the incident sidewalk and they repaired/reset the Belgium block curbing at the incident location subsequently. Those standards required elevation differences in walkways greater than one half inch be made via compliant ramps. ASTM 1637-13 Standard Practice for Safe Walking Surfaces, ANSI A117.1 Accessible and Useable Buildings and Facilities, and 2010 ADA Standards for Accessible Design standards were evaluated for potential application in the matter. The International Property Maintenance Code (adopted by the town) required stairways to have a continuous handrail on at least one side, while the incident stairs had multiple freestanding handrail sections at each of the 7 extra-deep steps, with gaps of about 18 inches between each. The town’s ordinance for curbing required block curbs to be constructed “straight and even” therefore, the raised section was not in compliance. The raised curbing/block tripped the plaintiff, while the absence of the necessary handrail prevented him from catching his balance and thereby avoiding the fall. Plaintiff did not notice that the incident Belgium block curbing was in a raised condition until after his incident. The location of this tripping incident was Belgium block curbing that had a section raised up about an inch or so from the adjacent sidewalk elevation at the bottom of the stairway. The plaintiff stated that he previously requested the property owners add a handrail to the lowest step of the incident stairs however, the request had not been accomplished prior to the date of the incident. An improper handrail configuration at that location prevented him from grabbing it to stabilize himself and thereby prevent his fall. Smith, PE, Construction Site Safety / OSHA Consultant ::::Īn elderly gentleman was walking down an exterior pedestrian walkway when he tripped and fell onto the adjacent parking surface and sustained serious injuries.