36" min, correct?
Condo unit balcony.
In my best Maxwell Smart voice… “Missed it by…that much” 
Depends on the height of your client.
Sure that is a balcony as it looks 6 inches off the grass.?
I would put it in the report.
Is this first floor??? would not matter if so.
Second floor (note the trees)
36" is correct per IRC. providing that what your showing is a single family condo access.
Correct…
IRC Section R312 requires a guardrail for porches, balconies, or other raised floor areas where the floor surface is** more than 30 inches above the adjoining grade**. Required guardrails cannot be less than 36 inches in height. The guards are to be constructed with infill rails or balusters no more than 4 inches apart. A bench can be installed against a guard, but if the deck is more than 30 inches above grade, a flat bench cannot be the guard. Railings need be no higher behind a bench than anywhere else, but a bench alone cannot serve as a guardrail.
You also might check local rules. In some areas, if it is second floor, the height is 38 inches.