Call me design challenged, but how do you have a railing without a horizontal on the top?

the top rail is horizontal

I would check your reference because it is not in the NJ building code.

http://ecodes.biz/ecodes_support/free_resources/NewJersey/2009/09NJ_Residential/PDFs/Chapter%203_Building%20Planning.pdf

Chapter 3 building planning; scroll down to R312

NJ code is state wide with no local amendments allowed.

Could it be local to the Bergen county or town of Cresskill ?

Not likely, but I would thoroughly research it.

http://www.state.nj.us/dca/divisions/codes/publications/pdf_licensing/co_comment.pdf



This is what your state of New Jersey has to say about it.

State of New Jersey
New Jersey’s Uniform Construction Code (UCC) adopts codes by regulation. The codes are administered by the Department of Community Affairs (DCA) Division of Codes & Standards. They are uniform state wide and local jurisdictions are not permitted to amend

State of New Jersey
Chris Christie, Governor
Department of Community Affairs Richard E. Constable III, Commissioner June, 2012

There is another more serious concern regarding code enforcement. Occasionally an official will require things that are clearly in excess of what the code says. Even if it is a "better” or "safer" way, unless there is a requirement in the code, you may not insist that something be done. Let's look at it logically. Forgetting code enforcement for a moment, if for personal gain you demanded that someone do something or suffer the consequences, i.e.; "give me your milk money, and I'll make sure not to punch you in the nose,” that would be extortion. In the grown up world, that's a criminal offense.


If a code official, or any government agent, requires someone to do something that is more than the law requires, that can be interpreted as a violation of the U.S. Civil Rights Act of 1960. The Act (42 U.S.C. 1974) reinforces the Fourth Amendment of the United States Constitution (Bill of Rights) that protects from unlawful taking of private property. The courts have ruled that withholding permission to occupy property that complies with the law (code) is a civil rights violation. Triple damages may be awarded."

Unless it is some new 'emergency code' it was not adopted with the NJ building code. So do double check and make them show you the code. There was a requirement briefly in the 2000 international residential code that was quickly pulled out. It said the guard rail could not be climable. Someone might still be confused.

Fred, thanks so much because the code has been change and yes horizontal railing IS allowed. This saves me so much aggravation and I can go with horizontal cable railing

Do look for specific codes for cable railing. Some states are requiring a spacing less than 4" because they have give and can allow for a bigger spacing when pushed on. They also want a through bolt with a big washer on the back for the anchors when used outside because a screw tends to loosen quickly outside.