# Egress window in "loft"...is my apartment up to code?



## Scott0821 (Jan 10, 2017)

Okay so first off I am in an apartment so I wasn't sure if this would be considered residential or commercial (I found conflicting information when I googled). Either way, the building is less than 6 years old and I am renting out a "2 bedroom" loft apartment. Now my roommate's lease is completely separate from my lease. I have the upstairs loft that they consider a bedroom and charge me $950/month for (they charge my roommate the same amount so in total is $1900/month). The problem is that I'm not sure if my bedroom can actually be considered/rented out as a bedroom. It has a bathroom and closet and everything, BUT the egress windows open up to the living room. They meet the size requirements but from my understanding they have to open to a public space in order to be up to code. If the living room were to catch on fire I would have no means of escape as my stairs go to the living room as does my "egress windows". I feel like I am paying too much money to live in a building that is not up to code so if it is true this is not up to code (how would the plans have even been approved?) I feel that I would be justified in going to court over this matter. Attached is a picture of the windows looking up from the living room at the bedroom. Keep in mind that these are the only two windows in the bedroom.
http://i1296.photobucket.com/albums/ag10/hockey0821/20170110_123057_zps9kaggwge.jpg


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## Coder (Jan 10, 2017)

How many stories is the building? Probably got approved as an office then the owner converted it into a bedroom after the fact. Either way it doesn't appear to be a good situation.


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## cda (Jan 10, 2017)

Welcome

Go Ohio


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## cda (Jan 10, 2017)

1. Would need to know which code and edition it was built under.

2. There have been exceptions in the past if the building had a fire sprinkler system, which looks like yours has.

3. Is the loft totally enclosed???

4. Is this loft set up the same as in other units, in the complex??


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## fatboy (Jan 10, 2017)

Well, if you were in my jurisdiction, you could turn in a rental housing complaint. What that would get you is a walkthrough with my inspector, and the landlord/agent, and you, at the same time.

Yes, it sounds unsafe. If what you say is true, and it was not code compliant at the time it was built (which I seriously doubt it was), we would give the landlord/agent *X *amount of time to come into compliance. If at that time they did not, we would post the building as uninhabitable in it's current state. So you, and possibly your room mate, would have to vacate the premise. We don't have a mechanism to make them do any repairs, merely keep them from using it in that fashion.

So, you are out of the place, and BTW, we don't get involved in the lease/legality situation.

Obviously it was in that condition when you rented it, why did it seem safe at the time?

Have you spoke with the landlord/agent about it?

Good luck!


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## Scott0821 (Jan 10, 2017)

cda said:


> 1. Would need to know which code and edition it was built under.
> 
> 2. There have been exceptions in the past if the building had a fire sprinkler system, which looks like yours has.
> 
> ...


 
1. I am not totally sure of that answer.

2. Yes there is a sprinkler system both in the living room and bedrooms.

3. I'm not sure I totally understand the question. There is a bathroom in the room with no windows, there is a door that opens up to the living area (in the pic it would be down that hall on the right), and there is the two windows out to the living area. Other than that, there is nothing else. No attic, skylight, small windows, etc. 

4. Yes all the buildings that have the loft are the same. 
Go Ohio is right


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## Scott0821 (Jan 10, 2017)

fatboy said:


> Well, if you were in my jurisdiction, you could turn in a rental housing complaint. What that would get you is a walkthrough with my inspector, and the landlord/agent, and you, at the same time.
> 
> Yes, it sounds unsafe. If what you say is true, and it was not code compliant at the time it was built (which I seriously doubt it was), we would give the landlord/agent *X *amount of time to come into compliance. If at that time they did not, we would post the building as uninhabitable in it's current state. So you, and possibly your room mate, would have to vacate the premise. We don't have a mechanism to make them do any repairs, merely keep them from using it in that fashion.
> 
> ...


Well when I leased I was not told that I was going to be in the upstairs bedroom. They told me after I leased that the downstairs bedroom was taken and I would be in the upstairs one.


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## Scott0821 (Jan 10, 2017)

Coder said:


> How many stories is the building? Probably got approved as an office then the owner converted it into a bedroom after the fact. Either way it doesn't appear to be a good situation.


The living room is on the third story of the apartment building.


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## cda (Jan 10, 2017)

Third floor?

Where is the third floor in relation to the picture?

So do you go up stairs 

Thru a door 

Into your bedroom??


Is there a smoke detector where you sleep??


This building is in an incorporated city/ real city not in s county area??


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## Scott0821 (Jan 10, 2017)

cda said:


> Third floor?
> 
> Where is the third floor in relation to the picture?
> 
> ...



Okay I was on the third floor when the picture was taken. Below the living room is a single bedroom apartment and below that (ground floor) is another single bedroom apartment. Ans this is in downtown Cleveland 44114 zip code.


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## Scott0821 (Jan 10, 2017)

cda said:


> Third floor?
> 
> Where is the third floor in relation to the picture?
> 
> ...



And the door is before the stairs. So you walk down a hall and on the right is a door. You open the door and there are stairs going directly into my room. And yes there is a smoke detector in my room as well as a sprinkler head.


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## steveray (Jan 10, 2017)

Call Cleveland Building Dept or Fire Marshal and see who is responsible for rental inspections....


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## cda (Jan 10, 2017)

Sounds like they may have used the fire sprinkler exception, so no window is required.


I know a little stretch but think of a ten story hotel, with fire sprinklers, no openable window required.


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## cda (Jan 10, 2017)

Exception :: no dates on this 


http://m.ohioconcrete.com/?url=http://www.ohioconcrete.com/Egress_Windows.html&utm_referrer=#2881


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## cda (Jan 10, 2017)

Appears, if I read it correctly the exception is still there

Section 1029::


http://codes.iccsafe.org/app/book/c...uilding/PDFs/Chapter 10 - Means of Egress.pdf


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## Scott0821 (Jan 10, 2017)

cda said:


> Appears, if I read it correctly the exception is still there
> 
> Section 1029::
> 
> ...


Looks like you're right! The first exception. Thank you for the clarification.


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## cda (Jan 10, 2017)

Well they were kind enough to offer somewhat of a second way out.


Just make sure you test the smoke alarms monthly

And normally one fire sprinkler head will control a fire


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