Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-124
Stairways, porches and balconies
Operative Text
(a) Standards. Every stairway, inside or outside of a rental dwelling or rental dwelling unit, and every porch or balcony, shall be kept in safe condition and sound repair. Stairs, handrails, and guardrails shall conform to the standards of the Uniform Building Code, as adopted by the city. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting the live load required under the Uniform Building Code, as adopted by the city. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: Cooking device means any barbecue rotisserie, roaster, oven, or similar equipment used in food preparation. Open flame fire means any burning of fuel, and includes any torch, flare, candle, decorative light, fondue, or other heating, burning, or lighting equipment or device having an open flame. Multiple dwelling means any residential structure other than a single-family dwelling, including a hotel or motel, and including type I and type II construction. (c) Prohibition. No person shall use, maintain, store, or permit any cooking device, or light, set, kindle, maintain, or permit any open flame fire, on any balcony, platform, patio, or deck extension of a multiple-tenant dwelling of two or more stories, unless such building is of type I or type II construction as defined in the Uniform Building Code, as adopted by the city.
Excelsior Code of Ordinances ch. 8, art. IV § 8-124 establishes two related sets of rules for rental properties. First, all stairways, porches, and balconies must be kept structurally sound and safe — handrails and guardrails must be firmly fastened, stairs must not have settled or pulled away from surrounding structures, and all components must meet the city-adopted Uniform Building Code standards. Second, the provision prohibits any person from using, storing, or maintaining a cooking device or open-flame fire on a balcony, patio, deck, or platform of a multi-story, multi-tenant building, unless that building is classified as Type I or Type II construction under the Uniform Building Code.
Plain English — not legal advice.
Under § 8-124, compliant rental property operators routinely inspect stairways, handrails, guardrails, porches, and balconies for signs of rot, loosening, settlement, or structural separation, and promptly address any deficiencies to meet Uniform Building Code standards as adopted by the city. Operators of multi-tenant buildings of two or more stories that are not Type I or Type II construction generally communicate clearly to residents that cooking devices and open-flame fires are prohibited on balconies, patios, decks, and platform extensions. Maintaining documentation of inspections and repairs, as well as written policies distributed to tenants, reflects the kind of ongoing compliance effort this provision contemplates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Excelsior Code of Ordinances ch. 8, art. IV § 8-124, tenants in rental dwellings have a right to stairways, handrails, guardrails, porches, and balconies that are structurally safe and maintained in good repair. If a stairway, handrail, or balcony appears unsafe — showing rot, loosening, or structural separation — tenants may consider documenting the condition in writing and notifying the landlord, and can explore filing a complaint with the relevant local code enforcement authority. Tenants may also wish to consult a local tenant-rights organization to understand how this provision's standards could be raised in response to habitability concerns.
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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