Dayton, Minn., Mun. Code Ch. 113 (2026) § 113.092
GUARDRAILS
Operative Text
(A) Unenclosed floor and roof openings, open sides of stairways, landings, decks, balconies, porches or occupied roofs which are more than 30 inches above the grade or floor below shall be protected by a guardrail. (B) Guardrails shall be a minimum of 36 inches high. (C) Open railings shall have intermediate rails, spindles or an ornamental partem such that a four-inch sphere cannot pass through. When approved by the code official, the spacing between intermediate railings or openings in existing ornamental patterns may be accepted. (D) Existing guardrails that are not deemed to be hazardous by the code official or code official are allowed to remain as they are. (Ord. 2018-18, passed 2-28-2018; Ord. 2019-07, passed 6-11-2019) Penalty, see § 113.999
Dayton Ch. 113 Rental Dwellings § 113.092 establishes physical safety standards for guardrails at elevated areas in rental dwellings. Any unenclosed edge—such as a stairway, balcony, porch, deck, or roof opening—that sits more than 30 inches above the surface below must be protected by a guardrail at least 36 inches tall. Openings in railings must be small enough that a four-inch sphere cannot pass through, though the code official may approve exceptions for certain existing ornamental patterns. Existing guardrails that the code official does not deem hazardous are permitted to remain in place.
Plain English — not legal advice.
Operators of rental properties subject to Dayton Ch. 113 § 113.092 generally ensure that all elevated open edges exceeding 30 inches in height are fitted with guardrails standing at least 36 inches tall, with openings no wider than four inches. Compliant operators inspect balconies, porches, stairways, landings, decks, and rooftop areas to confirm that railings meet these dimensional requirements. Where older ornamental railings exist, operators typically seek a determination from the code official before assuming those railings satisfy the standard, and they document any official approval received.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Dayton Ch. 113 § 113.092, tenants in rental dwellings have an interest in guardrails that meet the height and spacing requirements at any elevated area more than 30 inches above the floor or grade. If a guardrail appears missing, too short, or has gaps wide enough for a four-inch sphere to pass through, tenants may report the condition to the local code enforcement office for inspection. Tenant-rights organizations in the Dayton area can provide general information about how to document safety concerns and what remedies may be available under § 113.999's penalty provisions.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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