Question re guardrail requirements for openable windows in LA

[LAownerbuilder]

I'm building a house in Los Angeles. We just had our rough framing inspection, which we did not pass. The inspector included the following (see below). For additional context, we have openable windows upstairs, where the sill are less than 42" off the floor.

I'm just a regular citizen (not a professional builder by any means), but in reading the code in combination with the new bulletin that was issued, it seems that the inspector mention all of the ways you can pass in his notes. LARC 312 (specifically 312.2) includes a provision to include a safety device that meets ASTM 2090 if your sill is below 42". This seems to be an alternative to including a guard, which we really don't want to do. If the bulletin is interpreted as always requiring a guard for anything less than 42", then there would be no reason to have section 312.2.

Does anyone have experience with this? Am I beholden to the inspector's judgment here? Does the bulletin (link below) completely override what is in the LARC (specifically the section on window opening control devices)? There is nothing in code (or even the bulletin) that says all upper floor sills must sit between 42" and 44", so would like to figure out what options I have. Thanks.

Here's the bulletin:
https://www.ladbs.org/docs/default-...penable-windows-ib-p-bc2014-105.pdf?sfvrsn=11

Here's the Notice I received:

VIOLATION TYPE: LARC
VIOLATION CODE SECTION: 312.1.2
CODE LANGUAGE: Required guards at open sided walking surfaces, including stairs, porches, balconies, shall be

not less than 42" high measured vertically above the adjacent walking surface.

VIOLATION NOTES: Window sill shall be between 42"-44" from the finished surface if measured vertically on exterior 30" and more.

 

[mark handler]

You cannot, without a guard, have an openable window less than 42 inches on upper floors.
You can have a fixed window below 42inches.

Another section of the code requires egress window sills to be a maximum of 44 inches above the finish floor.

 

[cda]

Welcome !!

 

[cda]

So were they installed as shown on the plans???

 

[ICE]

312.2.1 requires fall protection if the sill is less than 24” above the floor. L A City can have another approach to the problem.

 

[mark handler]

LA has had this requirement for twenty years, long before it was in the state code

And it is a problem:

People put furniture up against the windows and the kids climb furniture.
there have also been drunk college kids falling out the windows​

Feb. 22, 2017 A toddler was hospitalized in critical condition after falling from a fifth-story window apartment
https://www.nbclosangeles.com/news/...Window-Park-La-Brea-Apartments-414434413.html
May 25, 2016 Toddler Tumbles Out Window In Brea
http://losangeles.cbslocal.com/2016...dow-in-brea-and-survives-nearly-5-story-fall/
Nov 8 2014 5-year-old son suffered a brain injury after falling from a second-story window San Diego
http://www.sandiegouniontribune.com...-jolla-beach-club-appeal-2014nov08-story.html
May 25, 2018 4-year-old girl critically injured in fall from window in N.J.
https://www.seattletimes.com/nation-world/4-year-old-girl-critically-injured-in-fall-from-window/


SEATTLE - A Washington State University student who nearly died after fall from dorm window
http://komonews.com/news/local/wsu-...d-after-falling-from-dorm-window-returns-home
L O S A N G E L E S, Sept. 2, 17
An 18-year-old college Coed Impaled on Fence After Fall From Window
https://abcnews.go.com/US/story?id=95925&page=1

 

[ICE]

You could have skipped the last one.

 

[LAownerbuilder]

Thanks everyone!

To answer the plan check question, yes, the windows are installed as they are drawn on the plan. And it passed the plan check. I guess this isn't something they check.

I completely understand that there is a safety reason for the rule. I don't want anyone falling out of the windows. It seems to me that there are some different ways of preventing falling from happening: (1) keep the sill of the windows high (42"); (2) build a guardrail up to 42"; or (3) use a window opening control device, which would keep the openings at no more than 4". I believe the purpose of limiting the opening to 4" is so that no one can fall out--at that point, it's about equivalent to a fixed/nonoperable window, where it's clear this guardrail requirement doesn't apply. If all window sills were 42" high, then there would be no reason to have the section of the code that discusses window opening control devices--you wouldn't need them at all.

Anyway, I was hoping someone had success with this argument with LA, but it may be that I just have to install something for now to pass the inspection. Thanks again.

 

[mark handler]

... it may be that I just have to install something for now to pass the inspection.

If you install something just for inspection then remove it, you could be liable for injuries after you sell to someone down the road. Also check with you insurance company.....

 

[ICE]

LA City had a knee jerk reaction and the result is a strange code requirement.

 

[ADAguy]

It comes down to basic risk management, you can do it right now or pay out later.