Window well Drains

Does residential code state that a drain should be installed in all exterior window wells?
Does residential code state what type of fill should be used for window wells?
I have not found in the Residential Building code a requirement for drain in window wells.
The only requirement I have found is that window well drains to be installed in egress windows.

Here is the problem…

New construction last year.
Heavy rain flooded a window well and water entered the home.
Window well is filled with clay dirt and no drain.
Builder is claiming no code requirements for a drain exist.

When in doubt follow manufacturers which tell you to use drainage ,not to mention foundation requires it.

http://www.bilco.com/foundations/store/shopdetail.asp?product=1WW-1ScapeWEL-Egress-Window-Wells&gclid=CKenz8u71rQCFYpFMgodExMA8gScapeWEL-Egress-Window-Wells&tab=docs

You will have to check your local codes/standards, if any. Many counties and cities do not have codes, or enforce them. Window well drains are required here in my county in new construction only for the last 15 years, so coming across window wells without drains is common. Check the terracing of the lot, gutters, suggest well covers, etc. If there is a sump hole/pump, window well drains should extend to the footing drain lines, then on to the sump pit.

Building codes are the minimum legal standard. If the window well doesn’t work it needs to be repaired regardless of any code. The contractor is using the building code “cop out” to avoid responsibility!