accessible windows

[Mr. Inspector]

This is for a plan review for an I-2 accessible unit

ICC A117.1-2009 section 1002.13.1 Natural ventilation. Operable windows required to provide natural ventilation shall comply with Sections 309.2 and 309.3.

This section has changed from 2003. Does this mean only the window(s) that needs to be accessible are just the windows(s) that provide the required 4% of the floor area complying with 2009 IBC 1203.4?

In the bathroom there is only one widow that doesn't have the required clear space for the window because of a toilet in front of it. Would this need to be changed?

Or don't they need the windows to be accessible at all because the unit has A/C?

 

[Sifu]

I read it to mean that if a window is required for ventilation by other code (IMC) then they would need to be accessible. This would be the basic premise that if a window can be opened by a person without a disability then it should be openable by a person with a disability by providing space and reach.

 

[Mr. Inspector]

The room has a mechanical way of getting ventilation and the windows open. So if the window is not required to open but it does open does it need to be accessible.
I thought that if the room can get mechanical ventilation you don't need a window. However I can't find that in IBC 1203.

 

[Mr. Inspector]

I found the exception for mechanical means of ventilation.

 

[Sifu]

The section reads "required for ventilation". I take that to mean that if a non-disabled person needs to open that window to get ventilation in the bathroom then a disabled person must have equal access. If there is a mechanical means of ventilation then the non-disabled person doesn't need to open it for ventilation, so neither would the disabled person, so no access required. IMHO

 

[mark handler]

Motorized windows.
Available in either a casement or an awning window style.
Usually have remote controls and can be part of a home environmental control system.
Are very pricey

 

[Mr. Inspector]

Ok say the windows are not needed for natural ventilation. According to 1002.13.1 That would mean you do not need to comply with sections 309.2 (clear floor space) and 309.3 (height).
Then there is section 1002.9 that states operating hardware for operable windows shall comply with section 309 ( operable parts). There are some exceptions but none of them apply to windows.
This seems to be a contradiction.
It would seem to me that you don't need the clear floor space or height but the hardware can not require tight grasping, pinching or twisting of wrist etc.
I guess this is like needing accessible bathrooms on floors that are not accessible. It doesn't make sense to me but so does a lot other things in the accessibility codes.
I would like to have more opinions.

 

[Francis Vineyard]

As a reminder the IBC contains all the scoping (e.g. what, where and how many) provisions for accessibility. The ICC/ANSI A117.1 is the reference standard of how to make those areas reference in the IBC (e.g. what, where and how) accessible.

1109.13.1 Operable window. Where operable windows are provided in rooms that are required to be accessible in accordance with Sections 1107.5.1.1, 1107.5.2.1, 1107.5.3.1, 1107.5.4, 1107.6.1.1, 1107.6.2.1.1, 1107.6.2.2.1 and 1107.6.4.1, at least one window in each room shall be accessible and each required operable window shall be accessible.
Exception: Accessible windows are not required in bathrooms and kitchens.

*The concern is that such a requirement would force designers to opt for nonoperable windows when permitted by the code. Per ICC A117.1, if an operable window is required for natural ventilation, it is required to have a clear floor space in front and have operable parts within reach ranges. If the window is required for emergency escape then a clear floor space is required in front of the window. Due to their typical locations within the space (e.g. over the sink in a kitchen, raised in a bathroom for privacy), operable windows in kitchens or bathrooms are exempted.

Does anyone know what happened to this section in the 2015 IBC?

 

[rogerpa]

E206-12
1109.13.1
Proponent: Carl Baldassarra, P.E., FSFPE, Chair, ICC Code Technology Committee

Delete without substitution:
1109.13.1 Operable window. Where operable windows are provided in rooms that are required to be accessible in accordance with Sections 1107.5.1.1, 1107.5.2.1, 1107.5.3.1, 1107.5.4, 1107.6.1.1, 1107.6.2.1.1, 1107.6.2.2.1 and 1107.6.4.1, at least one window in each room shall be accessible and each required operable window shall be accessible.

Reason: This list is a reference for Accessible units and Type A units. Windows within dwelling units and sleeping units are addressed in ICC A117.1, therefore they are not needed here. The ADA/ABA 229.1 has some requirements for operable windows, but has a series of exceptions, including one for residential uses.
The ICC Board established the ICC Code Technology Committee (CTC) as the venue to discuss contemporary code issues in a committee setting which provides the necessary time and flexibility to allow for full participation and input by any interested party. The code issues are assigned to the CTC by the ICC Board as “areas of study”. Information on the CTC, including: meeting agendas; minutes; reports; resource documents; presentations; and all other materials developed in conjunction with the CTC effort can be downloaded from the following website: http://www.iccsafe.org/cs/cc/ctc/index.html. Since its inception in April, 2005, the CTC has held twenty-two meetings – all open to the public.
Cost Impact: None

 

[Mr. Inspector]

1109.13.1 was taken out of 2015 but is still in the index under windows.

I called ICC and they told me that ICC 117.1 - 2009 section 1002.13.1 means
when operable windows are not required to provide natural ventilation and mechanical ventilation is used the windows don't need to comply with Sections 309.2 and 309.3.

So I asked them about section 1002.9 that states operating hardware for operable windows shall comply with section 309 ( operable parts) so does that mean that you don't need the clear floor space or height but the hardware can not require tight grasping, pinching or twisting of wrist etc. They were confused and could not answer me, and said they will get back to me.

 

[mtlogcabin]

1109.13.1 Operable window.
Where operable windows are provided in rooms that are required to be accessible in accordance with Sections 1107.5.1.1, 1107.5.2.1, 1107.5.3.1, 1107.5.4, 1107.6.1.1, 1107.6.2.1.1, 1107.6.2.2.1 and 1107.6.4.1, at least one window in each room shall be accessible and each required operable window shall be accessible

You have the required ventilation
Do not install an operable window

 

[Mr. Inspector]

Using the 2015 IBC chapter 11 which does not have section 1109.13.1 and no replacement for it.

 

[mtlogcabin]

Then I would say if you have a mechanical ventilation system then the windows and it operation does not have to be accessible under the I-Codes.

The residential portion of the energy code has a mandatory requirement for mechanical ventilation and it is almost impossible to meet the commercial portion of the energy without a mechanical ventilation system. So in an I-2 occupancy is an accessible window really need when there is 24 hour staff to answer someones call?

 

[Francis Vineyard]

2015 1109.13 Controls, operating mechanisms and hardware.
Controls, operating mechanisms and hardware intended for operation by the occupant, including switches that control lighting and ventilation and electrical convenience outlets, in accessible spaces, along accessible routes or as parts of accessible elements shall be accessible.

Exceptions:

1. Operable parts that are intended for use only by service or maintenance personnel shall not be required to be accessible.

2. Electrical or communication receptacles serving a dedicated use shall not be required to be accessible.

3. Where two or more outlets are provided in a kitchen above a length of counter top that is uninterrupted by a sink or appliance, one outlet shall not be required to be accessible.

4. Floor electrical receptacles shall not be required to be accessible.

5. HVAC diffusers shall not be required to be accessible.

6. Except for light switches, where redundant controls are provided for a single element, one control in each space shall not be required to be accessible.

7. Access doors or gates in barrier walls and fences protecting pools, spas and hot tubs shall be permitted to comply with Section 1010.1.9.2.

The exceptions listed are similar to the exceptions already located in ICC A117.1 for Accessible, Type A and Type B dwelling and sleeping units. Since the same problems exist in nonresidential facilities, the exceptions are appropriate.

As mentioned just required ventilation and EERO shall be accessible for Accessible and Type A.

For Type B at least one operable window where provided shall be accessible in accordance with exception 6 in the 2015 1109.13

 

[Mr. Inspector]

For Type B at least one operable window where provided shall be accessible in accordance with exception 6 in the 2015 1109.13

Where did you fine this about Type B unit windows? I could not find anything about windows in Type B units in ICC A117.1-2009 or anything at all about windows at all in 2015 IBC.

I would think ICC A117.1- 2009 section 1002.9 Operable Parts is more specific and does not have the exemption 6 noted above by Francis from the IBC 1109.13 Operable Parts

 

[mark handler]

ICC A117.1-2009 calls for complying windows in 1003 Type A Units but not in 1004 Type B Units