August 19, 1991
BCAB #1261
Re: Minimum Clear Opening Size for Bedroom Window, Article 9.7.1.3.
Project Description
New single family dwelling. Casement windows have been installed in the bedrooms. When 2/3 open the clear opening at the frame is 380 mm wide and 356 mm measured between the latch side jam and the face of the casement glass at the widest point. With the window open all the way (90 degrees) the opening at the frame is only 362 mm.
Reason for Appeal
Article 9.7.1.3. requires each bedroom to have an outside window that provides an unobstructed opening of not less than 380 mm in height and width and 0.35 m2 in area.
Appellant's Position
The appellant feels that the windows comply with the intent of Article 9.7.1.3. because a 380 mm clear opening is provided at the frame and would allow emergency egress.
Building Official's Position
The building official contends that a 380 mm wide clear opening is not provided because a 380 mm diameter cylinder could not pass through the open window due to the opening narrowing to 356 mm between the latch side jam and the casement glass.
Appeal Board Decision #1261
It is the determination of the Board that the window in question does not meet the requirements of Article 9.7.1.3. because it does not provide an unobstructed opening of at least 380 mm in width. The opening is restricted by the hinged casement to a maximum of 362 mm.
George R. Humphrey, Chair