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Current code regulations enforceable on properties built 10+ years previous?

K

Kyle McMahon

Registered User
Joined
May 15, 2020
Messages
2
Location
Albany, ny
I am currently investigating a fall from a window in NYS. A 2 year old boy fell out of a window from a 2 story rental property. Luckily her survived and doing well know. I am looking to see how the current codes may be applicable. This property Is located in Upstate NY and was built in 2006. I have done some preliminary research and found that in NYS a window guard is generally required if: 1. a window is less than 24 inches from the floor (which appears to be the case), 2. more than 72 inches above the grade of the ground, and 3. not able to open more than 4 inches.
As stated previous, this property was built in 2006 and from my understanding this regulation may not have been applicable at the time it was constructed.

Q: Are current code regulations enforceable on residential properties constructed years prior to the code coming in effect?
 
Q: Are current code regulations enforceable on residential properties constructed years prior to the code coming in effect?


Normally no, Generally, it is accepted that the building met code when built.

If the code got stricter after that, normally the building does not have to be redone.
 
Yes you do have to find out which building code and year edition, it was built to.
 
cda said:
Was it a bedroom window???
Click to expand...

It was a living area window. This was a rental property that was booked for a short stay, might that play a role in maintaining standards?

Also, I have been advised by the state that the NYS 2020 Residential Code was applicable at the time, but I am having a though time locating such a publishing.
 
Kyle McMahon said:
It was a living area window. This was a rental property that was booked for a short stay, might that play a role in maintaining standards?

Also, I have been advised by the state that the NYS 2020 Residential Code was applicable at the time, but I am having a though time locating such a publishing.
Click to expand...


You can’t build to future codes.

You can try a open record request and ask what code and year it was built to.

Not a NYer but guess would be 2000 edition?? Not sure what ny uses
 
The 2020 residential code will not have anything to do with the home that was constructed in 2006.
building records search.
 
Who is your local building dept?

Was this rented as a B n B? A conversion from single family to multi? Need more info.
 
Kyle McMahon said:
I am currently investigating a fall from a window in NYS. A 2 year old boy fell out of a window from a 2 story rental property. Luckily her survived and doing well know. I am looking to see how the current codes may be applicable. This property Is located in Upstate NY and was built in 2006. I have done some preliminary research and found that in NYS a window guard is generally required if: 1. a window is less than 24 inches from the floor (which appears to be the case), 2. more than 72 inches above the grade of the ground, and 3. not able to open more than 4 inches.
As stated previous, this property was built in 2006 and from my understanding this regulation may not have been applicable at the time it was constructed.

Q: Are current code regulations enforceable on residential properties constructed years prior to the code coming in effect?
Click to expand...


Not sure what side of the fence you are on,,,,

But there are code consultants, that do investigate, and testify, if down the road you need that.
 
The only way the 2020 would apply is if there was some recent work done and would generally only apply to the NEW work done. The rest is allowed to remain as it was approved. If was not code complaint to the code it was built to that is a whole different battle.
 
You need to contact a code consultant in the state. Its almost certain that fall protection was not required when it was built but it might have been required if the use of the unit was changed or the windows were replaced or there was a major renovation. The consultant will know and be able to provide documentation and testimony.
 
At issue, change of use from a SF to a rental property. State have habitability requirements/licensing requirements for this type of rental?
 
The NYC Board of Health created the window guard rule in 1976, which was the first such ordinance in the United States, the authors note. It required owners and landlords of buildings with three or more households to install window guards in each apartment where children under age 10 lived, as well as in public hallways. Healthcare professionals were also required to report window falls to the health department.
https://www.reuters.com/article/us-...-tied-to-fewer-falls-and-deaths-idUSKBN1HX2VC
 
mark handler said:
The NYC Board of Health created the window guard rule in 1976, which was the first such ordinance in the United States, the authors note. It required owners and landlords of buildings with three or more households to install window guards in each apartment where children under age 10 lived, as well as in public hallways. Healthcare professionals were also required to report window falls to the health department.
https://www.reuters.com/article/us-...-tied-to-fewer-falls-and-deaths-idUSKBN1HX2VC
Click to expand...

Pre B n B though, has the law been upgraded to address this issue?
 
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