First time I have seen this…
Has anyone else encountered this?
safty issue ,being on second floor, don’t know exact opening height, could be different in each state or county etc.
Still need egress…
Exactly…
Nanci fielded the call yesterday…
She was respectful to the Builder but insisted that if he were to take exception to my report due to a conflicting Code Requirement …
… Then he must forward a copy of the specific code reference and applicable municipal interpretation for our Office’s review…
I am still awaiting the Builder response…
I think I know what he is referencing…
but …
since he suggests that it meets code…
ball is in his court to send specific references back to me…
I know they are not allowed to open more than 4" in high rises.
Throwing in this link before I reread it …http://chicagowindowexpert.com/2012/02/01/deadly-falls-from-windows-preventable/?goback=.gde_111266_member_92883856
Guidance from U.S. Consumer Product Safety Commission
To help prevent injuries and tragedies, CPSC recommends the following safety tips:
Safeguard your children by using window guards or window stops.
Install window guards to prevent children from falling out of windows. (For windows on the 6th floor and below, install window guards that adults and older children can open easily in case of fire.)
Install window stops so that windows open no more than 4 inches.
Never depend on screens to keep children from falling out of windows.
Whenever possible, open windows from the top, not the bottom.
Keep furniture away from windows, to discourage children from climbing near windows.
Some jurisdictions require landlords to install guards. Check your local regulations.
I hear ya Joe.
Now in days all kinds of safety designed stuff is going in which is good for business but gets overdone at times.
As politicians always say …“it’s for the kids.”
Guess you need to check local codes.(good thing is it can be unscrewed.)
Reminds me of how back seat car windows do not roll down all the way.
The Builder cited IRC 2006 to Nanci … but IRC 2009 is now the applicable Building Code for this home.
I think he is referencing IRC 2006 R613…
but the interpretation and measurements do not support what he is saying…
But…
Until he sends me something, I am not sure what he is referencing…
I will have to contact the Municipal Inspector to find out the real skinny…
Have fun.
Do us a favor and post here as it seems interesting if this is what they are doing on small construction now.
This is what I think he is referencing…
**International Residential 2006 Codes: **
**Significant Changes to Window Sill Height **
**R613.2 Window Sills **
**CHANGE SUMMARY:
Provisions have been added for window sill height and protection of fall from exterior operable windows when such windows are more than 72 inches above exterior finished grade.
**
***R613.2Window sills
****. In dwelling units, where the opening of an operable window is located more than 72 inches (1829 mm) above the finished grade or surface below, the lowest part of the clear opening of the window shall be a minimum of 24 inches (610 mm) above the finished floor of the room in which the window is located. Glazing between the floor and 24 inches (610 mm) shall be fixed or have openings through which a 4-inch-diameter (102 mm) sphere cannot pass.
***Exceptions: ***
*1. Windows whose openings will not allow a 4-inch-diameter (102 mm) sphere to pass through the opening when the opening is in its largest opened position. *
*2. Openings that are provided with window guards that comply with ASTM F 2006 or F 2090. *
**
However, measurements do not support this interpretation…
more to follow…
the safty height is for infants, but for older children and adults, the slides on each side of sash can be slid towards each other, and then sash can be pulled towards you and then dropped down, and if lifted on one side while dropped down, you can remove sash completely.
James,
I cited in my report the egress / fire safety issue as well as lack of ventilation.
Home has AC but adequate ventilation should not be dependent upon the functionality of an appliance.
Builder suggested exactly what you suggested…
remove the sash…
but…
removal of the sash seems extreme just to obtain ventilation…
The windows can be fully opened for full use or egress by sliding the tabs in on both sides. The window will slide into the full open position and when closed, the tabs will open and close as they go past the angled stop. As stated prior, the tabs can also be used to removed the window if needed.
It did not work that way…
so that was the concern…
and also if a Code requirement…
It would be defective if easily bypassed…
Again…
The Builder cited that it was “Installed to Code”
Nanci asked for him to provide the specific code reference…
When I recieve it, I will post it…
All I can say is those limits are not something my place would ever have as it ruins the whole idea of a night breeze.
Who wants stale air ? not to mention it most likely raises energy bills in the long run…not very green minded.
when required 4" stops don’t allow required emergency operations without a tool it’s a non-compliant device/component
write 'em up whenever encountered no different than keyed deadbolts at egress doors
2009
http://www.andersenwindows.com/servlet/Satellite/AW/Page/awGeneral-3/1251716419235
I installed some of those many years ago in schools and Dormitories and they did not allow easy egress for rescue like they do now.
I guess someone learned the hard way. 
It looks like “special knowledge” would be required to operate that window in an emergency situation.
SECTION R310
EMERGENCY ESCAPE AND RESCUE OPENINGS
R310.1 Emergency escape and rescue required.
Basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
**Exception: **
Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2).
R310.1.1 Minimum opening area.
All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.530 m2).
Exception:
Grade floor openings shall have a minimum net clear opening of 5 square feet (0.465 m2) .
R310.1.2 Minimum opening height.
The minimum net clear opening height shall be 24 inches (610 mm).
R310.1.3 Minimum opening width.
The minimum net clear opening width shall be 20 inches (508 mm).
R310.1.4 Operational constraints.
Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge.
