| THE NEW YORK CITY BUILDING CODE |
| As with any code issue, the local authority having jurisdiction (AHJ) makes the final rules, and New York City represents a special case for accessibility of operable windows. While the 2014 New York City Building Code is patterned after the 2012 edition of the International Building Code (IBC), it also differs in some significant ways. The first is in its requirement for natural ventilation, and hence for operable windows of a specified size in habitable or “occupiable” spaces, defined as:
Habitable space. All rooms and spaces within a dwelling unit in Group R or I-1, including bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms, and other similar spaces. Occupiable space. A room or enclosed space other than a habitable space, designed for human occupancy or use, in which individuals may remain for a period of time for rest, amusement, treatment, education, dining, shopping, employment, labor, or other similar purpose. The second significant difference is in New York City’s requirements for Type B+ dwelling and sleeping units. 1107.2.4 Type B unit operable windows in R-2 occupancy. All operable windows required to provide natural ventilation and/or emergency escape or egress openings in rooms or spaces in the type B+ NYC dwelling unit or sleeping unit shall comply with Section 1003.13 (Windows) of ICC A117.1. Section 1003.13 of International Code Council/American National Standards Institute (ICC/ANSI) A117.1, Accessible and Usable Buildings and Facilities, in turn requires compliance with Sections 309.2 and 309.3 for clear floor space and height respectively, but not 309.4 for forces and motions. Adaptive devices to address reach limits can be used to comply in units occupied by persons with physical disabilities. In anticipation of updated standards, most design professionals are now requiring accessible operable windows in condominiums and apartment buildings in New York City, although ambiguities in ICC/ANSI A117.1-2009 provisions has made interpretation somewhat challenging. Requirements are accelerating product development and compliance testing efforts at most manufacturers serving the huge New York City condominium and apartment market segment. |
Sales representations
AAMA 513 notes:
No test method provides sufficient basis for a manufacturer to represent an individual component, product or product line, as “-certified,” “-approved,” or “-compliant,” as the Americans with Disabilities Act (ADA) makes no provisions for, nor outlines any requirements for, such certification, approval, or compliance verification.
Credible manufacturers are careful to represent laboratory-tested products as capable of accessible operating forces and motions, when properly installed and adjusted, without making any unverifiable claims.
In addition to standard disclaimers and qualifications, manufacturers should make claims of neither ADA compliance of the total window or door installation onsite (including hardware, approach area, reach, forces, or motion), nor acceptance by AHJs. These are clearly outside window manufacturers’ control, since they depend on installation and field conditions such as wind, architectural design, floor plans, wall sections, and programmatic considerations.
Conclusion
Whether required by code or not, accessible operating windows and balcony doors may be a very desirable feature of occupied spaces in skilled nursing and personal care facilities, condominiums, apartments, and hotels, or classrooms and dormitories. Accessible operating windows help ensure fresh air and a connection with the outdoors are made accessible to people with physical disabilities. Product development and compliance testing efforts at most manufacturers are underway to provide a broad selection of accessible window types, both manually operated and motorized.
Steve Fronek, PE, leads Wausau Window and Wall Systems’ new product development, marketing, technical support, and general research. He is the past-president of the American Architectural Manufacturers Association (AAMA), and has served on 16 of AAMA’s committees and task groups, including guiding the evolution of thermal performance standards as they exist today. He can be contacted via email at sfronek@wasauwindow.com.
