Egress Window Question

[appraisalaska]

I have a home in a semi-rural area that does not have local building codes (no inspections, no permits, etc). I have a property built in 1999, and all bedrooms in the home lack windows with the minimum required 5.7 square foot opening (they have 5.4). Scope of work is determining market value for a conventional loan purchase, so I don't have the added direction from FHA.

My question is, are egress window requirements 'grandfathered' in? I spoke with a local builder that thought it was 5.3 square feet at time of the property's construction. I have conflicting answers from both of the appraisers in my office and can't seem to find any concrete direction either way.

Anybody face this before that has insight?

 

[Doug Wegener]

5.3 or 5.7 -What is the big deal?

It has windows. I doubt very much that is a safety,soundness, or security issue or a value issue. Describe in the report. Would most buyers consider that adequate?

I think sometimes we can just be too nit picky.

 

[Michigan CG]

............My question is, are egress window requirements 'grandfathered' in?....................

Yes, that is typical. Millions of homes do not meet current building codes and millions of homes get financed.

 

[hastalavista]

I'm curious as to how a property is grandfathered (accepted because it pre-dates an ordinance or regulation) in an area where there are no building codes or permits required?

I'm not trying to be a wise-guy, I just don't understand how "grandfathering" fits into this issue?

 

[Mark K]

I'm curious as to how a property is grandfathered (accepted because it pre-dates an ordinance or regulation) in an area where there are no building codes or permits required?

I'm not trying to be a wise-guy, I just don't understand how "grandfathering" fits into this issue?

Agreed.

If there are no local codes there is nothing to "grandfather".

OTOH, are there state building codes that need followed in the absence of local codes?

There are counties in this state that have no zoning or separate building codes but state law says that the national code must be followed for residential construction in those instances. Does your state have such a regulation?

The national code for window egress hasn't changed in a long time. If the window is above grade level and less than 5.7 s.f. (at-grade windows can be 5.0 s.f.) I'm betting it was built in violation of the national code in place at time of construction, therefore possibly illegal, not grandfather-able (is this a word?).

 

[timd354]

Agreed.

If there are no local codes there is nothing to "grandfather".

OTOH, are there state building codes that need followed in the absence of local codes?

There are counties in this state that have no zoning or separate building codes but state law says that the national code must be followed for residential construction in those instances. Does your state have such a regulation?

The national code for window egress hasn't changed in a long time. If the window is above grade level and less than 5.7 s.f. (at-grade windows can be 5.0 s.f.) I'm betting it was built in violation of the national code in place at time of construction, therefore possibly illegal, not grandfather-able (is this a word?).

Alaska has adopted the 2009 International Building Code (IBC)

Under the 2009 IBC, egress windows on the grade floor only need to be 5.0sf:

1029.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53 m2).

Exception: The minimum net clear opening for emergency escape and rescue grade-floor openings shall be 5 square feet (0.46 m2).