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…
since he suggests that it meets code…
ball is in his court to send specific references back to me…
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.
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.
****. 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.
*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.
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.
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
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.
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.