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Openable windows screwed closed

M

MikeC

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Joined
May 17, 2012
Messages
240
Location
NW Pennsylvania
A local apartment building had recently attempted to become more energy efficient. The hallways and stairways had fixed windows. These windows were replaced with more energy efficient windows. Because sliding openable windows were cheaper they were installed instead of the fixed windows which were in place prior. Almost immediately, tenants began to open these windows, leaving them open in cold weather, completely negating any savings created by installing energy new efficient windows. The building owner decided to screw the windows shut. Last night the fire department responded a fire in one of the apartments. This morning I found a complaint on my desk from the fire officer about the windows being screwed shut.

So the question is, is there any locking system which would comply with IPMC 304.13.2? I want to do everything I can to help the building owner, but I also have to enforce the code. I have gone so far aas to ask the fire officer who filed the complaint how they addressed fires there when the fixed windows were in place. At the same time, I know, as a firefighter, if a window appears to open and has hardware allowing it to open, it should open.
 
If a non required operable window is intentionally changed to inoperable, is there a violation?
 
Interesting question

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.

Have no answer, unless it was a bedroom window
 
MikeC - IMO, there is nothing that you can do to be the good guy. The owner made one step by purchasing efficient windows but if did not want the tenants to actually use them he should have purchased fixed windows, spent the extra cash and replace like for like as long as it does not become a hazard. At this point, again IMO, the owner can not make the windows fixed by screws or other method(s). It has the potential to create a life safety issue if that window becomes the only available window during an emergency escape and the operable window is made into a fixed window. As others have pointed out, the window shall remain operable per IPMC.
 
If windows are allowed to be fixed, no violation to screw them closed

If they are used for ventilation, habitable, then it is a violation
 
The code that cda referenced is the reason this is posted here. IPMC 304.13.2 requires ALL windows, other than a fixed window, to be easily openable. An openable window which is screwed shut is not a fixed window. Being that there is no mention of being able to open the window from this inside without a key, special tools, or special knowledge I was hoping a keyed locking system would be allowed.

After reading through the commentary, I have to agree that these windows have to be openable without the need for a screwdriver.

As for the permit, the city has never required a permit for replacement windows as long as the rough-in opening size isn't changing.
 
steveray said:
Which code is that CDA?....I would say they are fixed now and play through...Sliding window shouldn't have a problem staying in place
Click to expand...
Ipmc 2009......
 
MikeC said:
The code that cda referenced is the reason this is posted here. IPMC 304.13.2 requires ALL windows, other than a fixed window, to be easily openable. An openable window which is screwed shut is not a fixed window. Being that there is no mention of being able to open the window from this inside without a key, special tools, or special knowledge I was hoping a keyed locking system would be allowed.After reading through the commentary, I have to agree that these windows have to be openable without the need for a screwdriver.

As for the permit, the city has never required a permit for replacement windows as long as the rough-in opening size isn't changing.
Click to expand...
Well once you put a screw to them, they are kind of FIXED
 
If not required to be operable for ventilation or egress, I would have no problem with a venting window being screwed shut. If the replacemnt window could have been a fixed window it does not matter how it becomes fixed---either by the manufacturer or owner.
 
I personally do not believe the maintenance code has anything to do with this scenario. If the window is not required to be operable for egress then screwing it shut is not an issue.

304.13.2 is to require landlord to maintain the property (the window) in suitable condition for the tenant to be able to open and close if required.
 
Gregg Harris said:
I personally do not believe the maintenance code has anything to do with this scenario. If the window is not required to be operable for egress then screwing it shut is not an issue.304.13.2 is to require landlord to maintain the property (the window) in suitable condition for the tenant to be able to open and close if required.
Click to expand...
so what window in a commercial building is required to be openable???
 
Whether manufactuted or field altered, A window with a screw in it is fixed.

It is not openable. It is not a code violation if the Window is not required to be openable.
 
MikeC said:
The code that cda referenced is the reason this is posted here. IPMC 304.13.2 requires ALL windows, other than a fixed window, to be easily openable. An openable window which is screwed shut is not a fixed window. Being that there is no mention of being able to open the window from this inside without a key, special tools, or special knowledge I was hoping a keyed locking system would be allowed.After reading through the commentary, I have to agree that these windows have to be openable without the need for a screwdriver.

As for the permit, the city has never required a permit for replacement windows as long as the rough-in opening size isn't changing.
Click to expand...
If you're going to require that the window be operable, make sure that they install a bug screen.
 
Maybe the tenants open them for the cooling or heating effect, as needed, rather than mechanical environment control.

They are then, maybe, being very energy efficient.

Brent.
 
Good point Brent, we are finding that people are disconnecting fans because of the cost of running them, openable windows are the next best thing, I've even heard a radio ad for a remodeled Handlery Hotel in San Francisco advertising no fans, windows that open! ASHRAE 62.2 is tripling ventilation requirements due to sickness from chemical products used in construction today.
 
Not required to be an opening............move on.........fire guys have multiple tools to open them..........won't stop them.
 
Gregg Harris said:
I personally do not believe the maintenance code has anything to do with this scenario. If the window is not required to be operable for egress then screwing it shut is not an issue.304.13.2 is to require landlord to maintain the property (the window) in suitable condition for the tenant to be able to open and close if required.
Click to expand...
Actually, IPMC, if adopted, applies to every scenario where an open building permit does not exist. Check the scope. There are multiple contradictions between the building codes and the IPMC. The one I love is the requirement for the self closing / self latching gate on a pool enclosure to positively close and latch from an open position of 6 inches. Essentially, a pool enclosure can meet the requirements of the IRC, recieve a COO and immediately be in violation of the IPMC.

In this case, the IPMC doesn't differentiate between windows which are required to open and windows which are not. In addtion, the occupants likely aren't aware of this either. In an emergency, an occupant may see what appears to be an openable window and run to the end of a dead end hallway to open the window and call for help. When they arrive, the window is screwed shut. They have no way of yelling to the outside world for help. If this were a fixed window, it would likely be obvious to the occupant that the window is not openable and they wouldn't run 50 feet to a dead end just to find the window to be screwed shut.

My research has revealed that the window industry doesn't consider an openable window which has been screwed shut to be a "fixed window". The IPMC is quite clear about the need for openable windows to be easily openable, with no exceptions given to the requirement.

I didn't come here for opinions on what you think the code should say. I want to agree 100% that if there was a fixed window there prior, it should be okay to screw the new window shut. Our opinions don't matter in this case. What matters is how we interpret the code. In this case, I don't think there is much ambiguity to allow for other interpretations. Even the commentary is quite clear on the intent of that section.
 
""""""I didn't come here for opinions on what you think the code should say. I want to agree 100% that if there was a fixed window there prior, it should be okay to screw the new window shut. Our opinions don't matter in this case. What matters is how we interpret the code. In this case, I don't think there is much ambiguity to allow for other interpretations. Even the commentary is quite clear on the intent of that section. """""

But the problem is to follow 100 % of the code, the replacement window is openable
 
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