Ryan, Along the lines of Bill's and Al's post.
I can't tell for sure but it appears as though there is a crevice between the two levels.
If a person (especialy a child) were to fall could they be trapped?
I agree with Bob that the three foot clearance should be a flat surface.
whether specifically written into the code or not, our local inspectors require a flat unobstructed surface for this area.
Roger
