Heath Ex Rel. Holdyn H. v. La Mariana Apartments

OPINION

BOSSON, Justice.

{1} In this appeal, we direct our attention to the Uniform Building Code (“UBC” or “the Code”) as a potential source of a jury instruction on negligence per se. We examine the circumstances under which the UBC imposes an obligation to retrofit conditions in older apartment buildings that complied with the UBC edition in effect at the time of construction, but which no longer comply with newer editions of that code. Particularly, we examine whether any such obligation in this case with regard to guardrail spacing is sufficiently specific to depart from the common law…