Isn’t it easier to just remember the 20" and 24" min. opening, so it don’t matter which window style you have?
People must be smaller in Canada.
Apparently. 
To reiterate on this astute question from Joe F., (Window egress question), and egress requirements (at a 2nd story bedroom they were 4.1 SF of openable area by raising the lower sash), by removing the top and bottom sash, the required area is met.
During my inspections, many times, ><30%, the window sash removal replacement mechanism do not function. Do not Quote me on that. I am giving an approximation considering the homes I inspect.
One has to ‘reasonably inspect’ this type of double hung window to insure operability, *especially if the window is being used as a means of egress.
As to the size of average Canadians. Draw your own conclusions.
The organization estimates that 3/4 of the American population will likely be overweight or obese by 2020. The vast majority of American adults are overweight or obese, and weight is a growing problem among US children | Institute for Health Metrics and Evaluation
As of 2017, research done by the Public Health Agency of Canada has reported that 64% of Canadian adults over the age of 18 are overweight or obese, and 60% of children aged 5-17 are overweight or obese. Obesity in Canada - Obesity Canada
Good luck Joe. I hope you operated the window.
Canadian and American inspectors, as well as inspectors from other countries such as Mexico and Puerto Rico, Ops, America :-), learn from reading posts.
As well, there are many codes to reference from.
Good day.
Requirements vary.
WI specifies 20x24
MN specifies those as min. height and width but include the 5.7 square foot free space.
Same here Michael
Here in Florida
1029.2 Minimum size - Florida Building Code 5th Edition (2014)
Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53m2).
Exception: The minimum net clear opening for emergency escape and rescue grade-floor openings shall be 5 square feet (0.46m2).
Section 1029.2.1 Minimum dimensions - Florida Building Code 5th Edition (2014)
The minimum net clear opening height dimension shall be 24 inches (610mm). The minimum net clear opening width dimension shall be 20 inches (508mm). The net clear opening dimensions shall be the result of normal operation of the opening.
Section 1029.3 Maximum height from floor - Florida Building Code 5th Edition (2014)
Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118mm) measured from the floor.
About 1-2 years ago in KC, we were doing an inspection on a new NEVER lived in home. At the 2nd floor for some reason the double hung bedroom windows looked not quite right … My helper measured them and they were roughly 1" to 1.5" too narrow and too short for egress. Its new construction so we report it.
Buyer goes to builder … builder says PASSED code. Buyer calls city code dept. They come back out, look again and say - Oops too small and directed builder to correct it. Builder went to his legislator and complained. DooDoo runs downhill, so legislator calls somebody higher up than Head Code guy. Next thing we know the code dept back-pedals and has letter from window mfg saying the side-by-side windows use a common mullion strip AND its not real strong AND in case of fire can be EASILY kicked out and now you got a BIGGER opening.
City then approved the windows again / PASSED code.
PS … Builder had changed manufacturers and the new one had similar model numbers but different dimensions.
Some one is being filled with DooDoo, because a mullion kit for double hung windows does not make the egress opening bigger and does not kick out. It holds the two units together with an additional splice plate top and bottom. I would like to see what manufacturer would state something like that.
Not going to happen.
Thanks Dan. Good story.
Builders look for deals when they can. Remember being offered speciality door or windows, etc…, at half the cost. Common for distributors or manufacturers to sell seconds or made to measure items that were not picked up. These items are not going to sit around gathering dust.
Marcel …
Ditto …Mostly my same comments to the buyer and his REA. Neither one was apparently stout enough to argue it SO it went as installed.
Its been years since I waste my time arguing with builders, code guys, etc. I tell people whats wrong, WHY and turn them loose. If they don’t care enough to argue for THEIR house neither do I unless …
I have 2 fees … The basic home inspection fee, AND then
the basic home inspection fee AND me negotiating AND arguing for you.
Only seen 2 times in 8-9 years where a buyer chose Option #2.
So they get hosed BUT its not my house and I’m not living there.
Well said love it , Works great report and move on .
shockingly the builder is actually correct (in the state of NC where the question was first asked). see the attached official code clarification https://www.ncosfm.gov/media/1755/open
i realize this is an old thread but figured i’d add this because i find the original wording of the NC code unclear and wanted a definitive answer
I realize this is an older thread. It has been revived however and certain things need repeating for newbies. First off, the OP was talking about a new build. Secondly, we are not code inspectors (a hackneyed phrase but important non-the-less). Thirdly, lest any of you new inspectors think every house needs these windows.
The International EXISTING Building Code says the following:
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:
- 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.
That means replacement windows in older homes need only be the same style and fit the EXISTING original rough opening.
Your mileage may vary.
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Define “older homes.”
You oughta know that Ryan.
Any home not originally so equipped.
If it already had an egress window it must be replaced with one (same style). If it didn’t, it doesn’t have to. That means any home pre- that particular code. (IRC didn’t come out till 1996 - depending on your geographical location new construction would have been governed by Building Officials Code Administrators International, Inc. (BOCA) – the National Building Code (NBC); Southern Building Code Congress International (SBCCI) – the Southern Building Code (SBC); and the International Conference of Building Officials (ICBO) – the Uniform Building Code (UBC).
How deep do you want to go?
Not very. And that’s why regardless of the age of home, if a window doesn’t meet current egress standards, it goes in my report. Not that it will likely get updated, but it helps me sleep at night that I alerted them of the issue anyway.
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The point is it doesn’t need to get updated when you replace the windows. (unless it is a change of occupancy.) Window contractors know this also. Can’t see much benefit in including this in a report. You would need to specify it as an upgrade. It doesn’t substantially change the value of the home and it is non-negotiable as an upgrade.
The litmus test I use in these situations is “Would I want to know about it if I was buying the home?” In cases of safety, the answer is always yes, in my opinion. At least if they know about it, they can make their own decision on whether to spend the money installing a bigger window (or in some cases, just needs to be switched out to a casement).
I don’t think there are any laws about what can be negotiated. Anything and everything is negotiable.
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I just reported what I saw and let others worry about doing anything about it…or not.
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