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Openable windows required, or not?

A

ADAguy

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Joined
Sep 11, 2013
Messages
6,307
Location
California
Is there a code requirement for openable windows of a 14 year old 4 story apartment house to be maintained openable?
Building has an inoperative original HVAC system (beyond useful life?) in the San Fernando Valley (very hot in the summer time)
 
If the mechanical ventilation system does not work then you would need natural ventilation
If you did not adopt Chapter 1 then this will not provide a path
2012 IBC
[A] 101.4.4 Property maintenance.
The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

[A] 102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
1203.4 Natural ventilation.
Natural ventilation of an occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating mechanism for such openings shall be provided with ready access so that the openings are readily controllable by the building occupants.
IPMC
403.1 Habitable spaces.
Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.


 
Would be / should be covered by your Property Maintenance code. The IPMC says that if they ever worked, they have to remain working. Code, followed by the Commentary:

304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

❖ Windows that have broken or are missing hold-open hardware create a dual hazard. First, windows without hardware are frequently propped open with sticks and other objects. These objects can be dislodged and cause the windows to fall, causing bodily injuries. Second, in the event of a fire, occupants are at an increased risk if windows cannot be readily secured in an open position. People have died because of inoperable windows, even though they could have easily broken the windows and escaped. It is advisable for the code official to check windows to make sure they open properly and remain open with their own hardware.
 
a 14 year old hvac in now INOP? Something says lack of maintenance to me or one that costs the landlord to operate.
 
Well at least one window in each bedroom should open

That was a requirement back than
 
My part of California has a Health Dept. The Health Dept deals with rental units and the maintenance thereof. I get plenty of calls from renters (houses as well as apartments) with such issues and once I give them the Health Dept phone number, I don't hear from them again.

Now and then the reported issue is enough to get me interested. I had a case where the renter of a house reported bootlegged work that included an addition, a furnace and an electric service upgrade. He stopped paying rent because the premises were "dangerous". The owner started the process to obtain a permit.....the renter did what he could to delay the work. The guy had lived there for two weeks when he reported the property. He knew that it would take a year or more to evict him and by then he will have found the next victim.

The owner tried to pay him to leave but that wasn't the goal.

I've lived in sketchy digs. I keep a fire ax in the bedroom. Imagine a guy chopping his way into your apartment because his is on fire. It's painted fire engine red. I keep it to this day for other than sentimental reasons. You know people get shot to death with their own guns but they seldom get beaten to death with their own fire ax.
 
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Interesting case ICE, landlord is a developer/owner of many buildings, this one built 14 years ago. The tenant is original to the building, a concert pianist with 2 grand pianos on the 4th floor. Petite shy lady very sensitive to odors. In ceiling soffit HVAC unit beginning to show rust and dust on fan blades. Windows difficult to open. She has kept detailed records of contact with landlord and service requests. City of LA has a tri-annual inspection program for apartments. Building also experienced fly-in termite swarms that may have lead to some mold buildup. Basic habitability maintenance issues.
 
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