Code Conundrums

Code interpretations and commenting on building codes are beyond the purview of the home inspector during an inspection. However, there are many instances where some background knowledge of the codes can be helpful.

This section will explore different issues that arise during inspections, how they are related to the building code, and why sometimes the code and best practices are not aligned.

Case

Window Opening Height: An inspection was performed on a new modular two-story build in a flood zone with an elevated first floor as required by flood zone construction. The first floor is approximately 8 feet above grade. During the inspection, it was noted that all window sills in the house are set at 12 inches off the floor. This includes both the first and second floors. The plans have been reviewed and approved by both the local authority having jurisdiction and at the state level.

The foremost concern is the low sill height and danger to children with fall hazards from open windows. The modular plans call for “Child Safety Latches Required on All Windows.” The ones installed consist of the typical latches found on double hung windows to prevent full operation of the window. These can be disabled by someone and do not reset until the window sash is manually lowered below the latches.

Relevant Code Section

Window Opening Height (Definition from 2021 International Residential Code): In dwelling units where the bottom of the clear opening of an operable window opening is less than 24 inches above the finished floor and greater than 72 inches above the finished grade or other surface below on the exterior of the building, the operable window shall comply with one of the following:

• Operable window openings will not allow a 4-inch diameter sphere to pass through where the openings are in their largest opened position.
• Operable windows are provided with window opening control devices that comply with ASTM F2090 (Standard Specification for Window Fall Prevention Devices with Emergency Escape Release Mechanisms).

Insight

While technically in accordance with the code requirements, the windows in the new modular house present a fall hazard should someone open the window above the latch and fail to close the window. The building code is trying to address the issue; however, the simple and best answer is to not construct windows less than 24 inches above the floor in these situations to minimize the potential for injury. Note to self: Send memo to architects!

The home inspector is put in that all too familiar unenviable position between competing interests—in this case balancing the safety of clients versus code official approval.

The home inspector can note in their report that it presents a safety hazard in their opinion while not becoming involved in a code interpretation. The home seller and client are then put on notice that the issue should be addressed, reducing any potential liability for the home inspector. Caveat: Some states have modified their own versions of the International Residential Code and may have different requirements.

Opinions of authors are solely their own and do not necessarily represent the opinions or positions of ASHI, its agents, or editors. Always check with your local governmental agency and independently verify for accuracy, completeness, and reliability.