Non-Conforming Bedrooms

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This topic answered so many questions I didn’t even know I had yet pertaining to finished basements.

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This is funny, just yesterday I was inspecting a home that had a finished basement. The problem was that the highest point for the finished ceiling was 77 inches and not the code requirement of 80 inches. the short side which happened to be where you came down the stairs was 74ish inches. I am 6,3" so it was very claustrophobic and uncomfortable to be in the space. There were other issues in the space but that was the most glaring defect. It was mentioned to the buyers agent to maybe check with the city about weather or not the buyer would have to pay property tax on the space.

Before anyone gets carried away with the great EERO craze, there are exceptions!

R310.1 Emergency escape and rescue opening required.
Exceptions:

  1. Storm shelters and basements used only to house
    mechanical equipment not exceeding a total floor
    area of 200 square feet (18.58 m2).
  2. Where the dwelling or townhouse is equipped with
    an automatic sprinkler system installed in accordance
    with Section P2904, sleeping rooms in basements
    shall not be required to have emergency
    escape and rescue openings provided that the basement
    has one of the following:
    2.1. One means of egress complying with Section
    R311 and one emergency escape and
    rescue opening.
    2.2. Two means of egress complying with Section
    R311.

R310.5 Dwelling additions. Where dwelling additions contain
sleeping rooms, an emergency escape and rescue opening
shall be provided in each new sleeping room. Where dwelling
additions have basements, an emergency escape and rescue
opening shall be provided in the new basement.
Exceptions:

  1. An emergency escape and rescue opening is not
    required in a new basement that contains a sleeping
    room with an emergency escape and rescue opening.
  2. An emergency escape and rescue opening is not
    required in a new basement where there is an emergency
    escape and rescue opening in an existing
    basement that is accessed from the new basement.

R310.6 Alterations or repairs of existing basements. An
emergency escape and rescue opening is not required where
existing basements undergo alterations or repairs.
Exception: New sleeping rooms created in an existing
basement shall be provided with emergency escape and
rescue openings in accordance with Section R310.1.

In addition to all that, replacement vinyl bedroom windows do not have to comply as long as they fit the largest unfinished opening available at the time of construction and operate in the same manner. Code to follow when I find it.

Replacement windows: 2018 IRC

AJ102.4.3 Emergency escape and rescue openings.
Where windows are required to provide emergency escape
and rescue openings, replacement windows shall be
exempt from the maximum sill height requirements of Section
R310.2.2 and the requirements of Sections R310.2.1
and R310.2.3 provided that the replacement window meets
the following conditions:

  1. The replacement window is the manufacturer’s largest
    standard size window that will fit within the
    existing frame or existing rough opening. The
    replacement window shall be permitted to be of the
    same operating style as the existing window or a
    style that provides for an equal or greater window
    opening area than the existing window.
  2. The replacement window is not part of a change of
    occupancy.
  3. Window opening control devices complying with
    ASTM F2090 shall be permitted for use on windows
    required to provide emergency escape and rescue
    openings.

2018 IEBC

505.3 Replacement window emergency escape and rescue
openings. Where windows are required to provide emergency
escape and rescue openings in Group R-2 and R-3 occupancies
and one- and two-family dwellings and townhouses regulated
by the International Residential Code, replacement
windows shall be exempt from the requirements of Sections
1030.2, 1030.3 and 1030.4 of the International Building
Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the
International Residential Code, provided that the replacement
window meets the following conditions:

  1. The replacement window is the manufacturer’s largest
    standard size window that will fit within the existing
    frame or existing rough opening. The replacement window
    shall be permitted to be of the same operating style
    as the existing window or a style that provides for an
    equal or greater window opening area than the existing
    window.
  2. The replacement of the window is not part of a change
    of occupancy.

Welcome to the forum, Thomas Speight.

That’s one of those things that usually won’t make it to my report. The lower ceiling is a bit sub-standard, but unless you are doing the inspection for a client who has not been to the property, they are already quite aware of it and evidently ok with it.

It’s kinda like calling out a deficiency if the driveway is not paved, or if the bedrooms are small.

Basements are pretty rare around here.

But one issue I do see is they add an extension to the house, and by doing so, they block in a bedroom so that it no longer has a window to the exterior.