# Openable windows screwed closed



## MikeC (Jan 10, 2014)

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.


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## steveray (Jan 10, 2014)

It'll open with an axe right?.....What is their issue?


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## Mac (Jan 10, 2014)

If a non required operable window is intentionally changed to inoperable, is there a violation?


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## cda (Jan 10, 2014)

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


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## steveray (Jan 10, 2014)

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


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## Rick18071 (Jan 10, 2014)

Was a permit required to replace the windows? Did they get one?


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## Keystone (Jan 10, 2014)

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.


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## mark handler (Jan 10, 2014)

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


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## MikeC (Jan 10, 2014)

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.


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## cda (Jan 10, 2014)

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


Ipmc 2009......


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## cda (Jan 10, 2014)

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.


Well once you put a screw to them, they are kind of FIXED


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## Min&Max (Jan 10, 2014)

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.


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## steveray (Jan 10, 2014)

One more reason not to adopt IPMC.....


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## Gregg Harris (Jan 10, 2014)

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.


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## cda (Jan 11, 2014)

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.


so what window in a commercial building is required to be openable???


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## mark handler (Jan 11, 2014)

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.


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## Mech (Jan 11, 2014)

Remove the handles and lock so it does not look like an operable window (?)


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## mark handler (Jan 11, 2014)

Mech said:
			
		

> Remove the handles and lock so it does not look like an operable window (?)


IMPO not required


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## ICE (Jan 11, 2014)

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.


If you're going to require that the window be operable, make sure that they install a bug screen.


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## MASSDRIVER (Jan 11, 2014)

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.


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## conarb (Jan 11, 2014)

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.


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## fatboy (Jan 11, 2014)

Not required to be an opening............move on.........fire guys have multiple tools to open them..........won't stop them.


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## MikeC (Jan 13, 2014)

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.


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.


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## cda (Jan 13, 2014)

""""""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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## Rick18071 (Jan 13, 2014)

If no permit is required there is nothing you can do.


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## Francis Vineyard (Jan 13, 2014)

In reference to cost it's apparently less expensive to purchase fixed windows than operable ones and now the building owner must pay the price to maintain them as easily openable in accordance with IPMC.

However AHJ could allow them to be locked shut in accordance with section 104.1


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## mtlogcabin (Jan 13, 2014)

> My research has revealed that the window industry doesn't consider an openable window which has been screwed shut to be a "fixed window".


I am sure you are correct considering they are considerable differences in the manufacturing between "fixed" and "open-able" windows.

The code does not define a "fixed window"

201.4 Terms not defined.

Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

The Intent of the IPMC is to ensure public health, safety and welfare. If there is no detriment to the occupants for having a "fixed" window in a specific location then what is the detriment for the occupants if an operable window is installed and then modified to be in-operable?

You can easily determine a policy for a "Fixed" window.

[A] 104.1 General.

The code official is hereby authorized and directed to enforce the provisions of this code. *The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. *Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.


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## Keystone (Jan 13, 2014)

Pa. does not require permits for window replacement without structural change/alteration unless amended by municipality.

Once upon a time owner had inoperable windows, now has new operable windows, IMPC is clear, operable shall remain operable.

The alternative proposed above by Francis may be a viable option, just go and walk thru each unit to verify prior.


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## ICE (Jan 13, 2014)

Keystone said:
			
		

> just go and walk thru each unit to verify prior.


I got the idea that these windows were in a common are and not the apartments.


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## Inspector Gift (Jan 13, 2014)

MikeC said:
			
		

> A local apartment building had .... hallways and stairways had fixed windows....were replaced ....


Since the windows were located in hallways and stairways, the only question I didn't see answered is the need for Safety Glazing:  "Were the window required to be SAFETY GLAZING?  And if not, why not?"


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## MikeC (Jan 13, 2014)

Rick18071 said:
			
		

> If no permit is required there is nothing you can do.


You are in the wrong section of this forum.  You are referring to the IBC or IRC.  IPMC is a horse of a different color.  It applies to the general maintenance of properties and doesn't have anything to do with permits.  Correcting some violations of the IPMC may require a permit and the application of another code.  In this case, going from the current openable windows back to fixed windows would require a permit.

Inspector Gift, to answer the question about the safety glazing, I don't know.  My only dealings with commercial buildings are through the IPMC.  The commercial permits and inspections are handled by a separate person.  I will take a look through the IBC and may contact him if safety glazing is required.  That is addressed in IPMC 102.3.


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## Keystone (Jan 14, 2014)

ICE - Agree, opening sentence states that but that may be partial information based on the code complaint and verbal dicussion with the owner. Ex; permit app that states only putting up pole barn for storage only, at frame there is electrical, plumbing, mechanical, with room sections to boot. CYA


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## JBI (Jan 14, 2014)

If it looks like a duck it damn well better quack like a duck. Code support cited above by others, as well as the reasonable alternative of paying a little more for fixed windows.


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## Pcinspector1 (Jan 14, 2014)

See code changes in the 2012 IBC section 1013 Guards, kinda goes along with this issue due to the window being changed out. Those of us that do not issue permits for replacing windows may have to look at the code changes and see if we feel we can still continue on as business as usual not issuing permits for window replacements?

IMHO, a screw holding a window shut is not considered hardware and if the IMPC is being used 304.13.2 applies. and like someone said, "Wheres the required screen?"

pc1


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## Mech (Jan 14, 2014)

In this instance, IBC 2012 does not apply.  Pennsylvania is using the 2009 IBC.


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## fw. (Jan 14, 2014)

If the owner could have removed the windows entirely and filled in the opening with a wall and not have been in violation of any other codes (light, ventilation, etc.), I don't see an issue with screwing them shut.


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## Frank (Jan 14, 2014)

fw. said:
			
		

> If the owner could have removed the windows entirely and filled in the opening with a wall and not have been in violation of any other codes (light, ventilation, etc.), I don't see an issue with screwing them shut.


Agreed they became fixed when screwed shut


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## Pcinspector1 (Jan 14, 2014)

Screwed, nailed, wedged, painted, blocked and covered with plywood would be ok to some, if the glass is broken then we could have a problem?

Do you think any of these issues listed are the reason its in the IMPC to keep landlords from not making the needed repairs?

pc1


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## Gregg Harris (Jan 15, 2014)

Pcinspector1 said:
			
		

> Screwed, nailed, wedged, painted, blocked and covered with plywood would be ok to some, if the glass is broken then we could have a problem?Do you think any of these issues listed are the reason its in the IMPC to keep landlords from not making the needed repairs?
> 
> pc1


They are all reasons that apply to a landlord and enforced under IMPC.

 But if a window is replaced that does not require it to be operable with one that was made inoperable by adding hardware or screwing it shut should not matter to anyone.


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## mark handler (Jan 15, 2014)

Are storm windows legal on sleeping rooms?


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## Gregg Harris (Jan 15, 2014)

mark handler said:
			
		

> Are storm windows legal on sleeping rooms?


I would say yes

1026.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Sections 907.2.10 regardless of the valuation of the alteration.


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## mark handler (Jan 15, 2014)

Gregg Harris said:
			
		

> I would say yes1026.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Sections 907.2.10 regardless of the valuation of the alteration.


I say no

Most are installed and latched from the outside


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## Gregg Harris (Jan 15, 2014)

mark handler said:
			
		

> I say noMost are installed and latched from the outside


Window shutters or storm windows?

Storm windows frames or mounted on the exterior but the operable window can be raised or removed from the inside of the structure.


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## mark handler (Jan 15, 2014)

gregg harris said:
			
		

> window shutters or storm windows?Storm windows frames or mounted on the exterior but the operable window can be raised or removed from the inside of the structure.


o k a y . . .


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## MikeC (Jan 15, 2014)

It seems as though some of you are not familiar with the International Property Maintenance Code and, therefore, are having difficulty with this discussion.  The IPMC is a very small code which essentially states that everything must be kept clean, sanitary, in good repair, work as intended, and when repaired, brought up to current standards or as near as possible to current standards.

In the storm window discussion, it is my opinion that the storm window shall be openable from the inside.  Aluminum storm windows can do this.  The older style wooden storm windows which are fixed and secured from the exterior are not acceptable.  While the code does not expressly state this, it believe that it is implied in IPMC 304.13.2 and 304.18.  Additionally, if it is a bedroom window, it could be an emergency egress window.



> 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.


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## Mac (Jan 15, 2014)

Here we have the old 'regional terminology' thing again. In the northern regions, a storm window is an energy saving glass window that does indeed latch and/or lock from the inside. In more temperate areas the storm window (or shutter) is intended to protect the window glass in times of severe weather events. I had galvanized hurricane shutters in Ft Lauderdale, and now have storm windows in NY.


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## JBI (Jan 15, 2014)

mark, Why wouldn't storm windows be permitted in sleeping rooms? (unless they reduce clear opening below the required dimensions that is)


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## mark handler (Jan 15, 2014)

JBI said:
			
		

> mark, Why wouldn't storm windows be permitted in sleeping rooms? (unless they reduce clear opening below the required dimensions that is)


The ones I am familiar with do not open or operate from the inside. I have never seen ones that operate or release from the inside.

That is why I said Okay... implying that I will take Greg's word for it.


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## JBI (Jan 15, 2014)

In upstate NY we generally see operable, glazed storm windows. On Long Island they probably see more of what you folks in SoCal see... storm shutters.

As noted above by someone else, regional differences. :cheers


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## Frank (Jan 15, 2014)

mark handler said:
			
		

> The ones I am familiar with do not open or operate from the inside. I have never seen ones that operate or release from the inside.That is why I said Okay... implying that I will take Greg's word for it.


Mine all open from the inside.  Triple track with screen.  There are some that install with thumbturns from the outside, more generally used to seasonally enclose porches here


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## fatboy (Jan 15, 2014)

OT, welcome backinto the mix JBI!


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## Daddy-0- (Jan 18, 2014)

If they have not increased the hazard then I do see where the big deal is. The windows were and are still inoperable. As stated earlier, the fire department will axe right through them if need be. I don't really know where the FD complaint has legs. Most importantly, what does your boss say?


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## fatboy (Jan 18, 2014)

And a warm welcome back to you Daddy-o!


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## MikeC (Jan 18, 2014)

Daddy-0- said:
			
		

> Most importantly, what does your boss say?


I am my boss.

The fire department complaint is based on the majority of small fires in the building where two windows need to be opened for positive pressure ventilation of smoke.  No need to break a window in these cases.  When I get a complaint, I visit the site and verify the violation of the IPMC and then address that violation.  In this case, there is a violation of the IPMC and the intent of the IPMC section.

I revisited the building and found that, while the apartments are acceptable, all of the sill heights in the common areas create a fall hazard.  After consulting with the 3rd party who handles all aspects of commercial permits, we came up with an idea which seems to keep everybody happy and will be a fairly reasonable fix for the building owner and the 34 windows in question.  Window stops mounted to the frame, allowing the windows to open no more than 4 inches.  The fire department will still be able to open the windows for ventilation purposes and occupants can open the windows and summon help if needed during an emergency.  There are cameras throughout the building allowing the owner to deal with tenants who open with windows in non-emergent situations.  I will be meeting with the building owner next week and discussing this option.


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## ICE (Jan 18, 2014)

Was the fire dept. complaining about the fixed windows that were replaced?



> Window stops mounted to the frame, allowing the windows to open no more than 4 inches. The fire department will still be able to open the windows for ventilation purposes and occupants can open the windows and summon help if needed during an emergency.


Four inches of open window seems like little to nothing when it comes to smoke vents.  If I need to summon help from a window during a fire; the opening needs to be big enough to toss out an end table.

Would you please explain the fall hazard?  What year was this building constructed?


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## Chris wilkins (Jul 6, 2017)

I am in a similar situation.  I run a pool that has an openable window in the office which has access to the pool.   It is a requirement to lock the window at the end of a shift.  It has been left open multiple times and has become a safety issue with as anyone can open the window and have access to an unguarded pool.  Am I allowed to screw the window closed to keep people out?


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## Chris wilkins (Jul 6, 2017)

Chris wilkins said:


> I am in a similar situation.  I run a pool that has an openable window in the office which has access to the pool.   It is a requirement to lock the window at the end of a shift.  It has been left open multiple times and has become a safety issue with as anyone can open the window and have access to an unguarded pool.  Am I allowed to screw the window closed to keep people out?


I would like to add that the window in questions is not a means of egress.


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## steveray (Jul 6, 2017)

If the window is not required for safety (EERO) or ventilation, then fastening it should not be an issue


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## mark handler (Jul 6, 2017)

Do they have the 4 percent of the floor area, ventilated?


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## JCraver (Jul 7, 2017)

steveray said:


> If the window is not required for safety (EERO) or ventilation, then fastening it should not be an issue



Yeah.

I missed this thread the first go-round, but it seems like it took a long time to answer a question that shouldn't have been a question to start with...  If it is not required to be an operable window, then you are quite stretching the IPMC to tell someone they can't screw it shut.


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## ADAguy (Jul 24, 2017)

Units do have ac, right?


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## Mark K (Jul 24, 2017)

I would suggest that a greater problem are the sliding wood windows that are not operable because they have been painted and the dried paint at the edges mean they are painted shut.


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## emy (Aug 3, 2017)

Anyone can DIY an inoperable sliding windows. It would approx. take around 1 to 2 hours for repairs and you might require screwdriver, pliers, hammer, wire brush, vacuum and putty knife. Remember to spread a drop cloth on the floor near the window. Also make arrangements for replacement rollers, latch as needed, spray graphite lubricant.

The tracks can be wooden or vinyl and most of them have one or more sashes that slide along metal tracks at bottom and top of the frame.

Many windows and doors manufacturers at madison say that the main or prevalent problem is dirt in the bottom track. Get it cleaned and lubricate the track. Clean the sash on the bottom too.

Regarding the catch which secures the window when closed, bend a small part to make them work or get it replaced.


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