We're looking for a home designer for a remodel, and the few designers we have spoken too are concerned about touching our stairs. We know we can't rebuild entirely to code (our house is small!) but want to improve upon the existing non-compliant stairs. Would the designer/archtiect be resistant to this on the premise they would be opening themselves up to liabilty?

I'm a little late, but this question deserves and answer:

Yes, if they design a stair that doesn't meet code, they are open to liability, including claims by future owners. It's a shame that the litigiousness of our society often means doing nothing is preferable to improvement.

I deal with this by having a visit at the home with the Code Enforcement Officer. We disucss the issues and the constraints. I document the meeting so there's a record of us having all put our best efforts into providing a safe solution. Then we do what's right for the situation.

If there's a solution that meets code, I'm not going to avoid that because there's a non-compelling preference otherwise. However, if we're wedged in between the proverbial rock and hard spot (no space, period), then I'll design something that's better than what's there, even if we can't meet code - as long as the CEO will approve it.