I think the international regulations stipulate that the rails should be spaced such that a 4" ball cannot pass through them. Not that they must be 4" apart. If there is a contractor or inspector around, you could ask next time in case there are any local regulations.

FWIW, almost always stuff that is not up to current Code is grandfathered in until you touch it - and then it has to be up to current Code regulations. I am almost at the end of a gut remodel and repeatedly was told that by my GC and the licensed plumbers and electricians doing the work.

The other issue is of course safety in terms of whether you want to upgrade to conform to current Code standards. I am reasonably sure that the current spacing requirement is because children have been known to kill themselves by managing to stick their heads through spacing that isn't up to Code. If you have young children who might do this, you might want to bring it up to Code - if your home is populated by adults and children who are not going to stick their heads through railings, you could leave it be unless you are afraid a visiting child might be harmed. Cost benefit analysis of course since some changes are costly whereas some upgrades are relatively easy and most rational homeowners would want to upgrade to make their homes safer.

If the building was built under the 1988 U.B.C. the following would apply to a single family residence under 1711 (Guardrails).

1 - Guardrail required if more than 30" above grade.

2 - Top of guardrail 36" above deck (exception #1).

3 - "Open guardrails shall have intermediate rails or an ornamental pattern such that a sphere 6 inches in diameter cannot pass through."

Under 3306 (Stairways):

(j) top of handrails 34"-38" above the nosing of treads
(k) stairways open on one or both sides shall have guardrails as specified by section 1711"

1991 The regulations were changed to 4" sphere (ball) can not pass through balusters spacing. And must withstand 50 lbs of pressure applied over a 1' section. (I have saw building inspectors use a spring loaded scale and a small strap to preform this test while others just grab and give it a good tug).

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If your house was built before 1991. You are good with what you have. Unless you start making changes to the porch, deck or steps..

There are probably several other parts of your house that are not up to current residential code (AFCI and GFCI for various electrical, etc.), but you are not required to bring it up to current code as long as it was legal when installed.

If you are only painting and reinstalling the railing in the same position, you can use the same railing. If you pulled a permit and were remodeling the entire room, inspectors might want it brought up to code. but I don't think that is the case.

If you are worried about small children or pets falling through it, use plastic ties to add some heavy duty plastic mesh inside the railing. It will safely fill in the gaps, but be easy to remove later on.

Bruce

you need a wire brush to rough up the finish and remove any paint that is flaking off. then towel it down with acetone or rubbing alcohol - buy two bottles of this at target or a pharmacy chain like walgreens - it is cheap there, this step removes your finger print grease. From here on handle with gloves. You then prime it with a rust inhibitor, I recommend spray paint, rustoleum brand is generally easy to find across the country. wait to dry and then spray with the color of your choice.

it may be easier to do this project with the rails installed so you can spray around it, not with the rail on the floor like that.

almost every old home has code violations, it is not really an issue unless your insurance company refuses to write a policy for you.

if you want to know current rules in your area for railing, just call your city. I would not advise giving them your name and address, though.

Most cities won't do anything about something like front porch railing project like this, where you remove it, paint it and reinstall it. No city will care what you are doing inside the house unless you start requesting permits which require inspections.

the new codes require higher railing with closer spaced bars than what was done 40+ years ago. we had a 1970's rental with wide bars and low rails and rented the home to a family with a child, our attorney said that if the renting family inspects the home, choses to rent it, and we are insured for liability, we did not have to replace all the railing. so we did not and it was not an issue.