By Barry Stone
Dear Barry,
The home we're buying has an added bedroom. The seller has admitted that the addition was built without a permit, but he insists that all work was done according to the building code. Our home disagrees because the master bedroom window now opens into the added room, rather than to the outside. He insists that every bedroom must have an outside window. What are the code requirements for bedroom windows? -- Kane, San Luis Obispo
Dear Kane,
Every bedroom is required to have at least one openable window bearing directly to the exterior of the dwelling, not to adjoining rooms. The purpose of this requirement is three-fold:
- A bedroom must have a direct source of outside light, provided by a window that is at least ten percent as large as the floor area of the room.
- A bedroom must have a direct source of outside ventilation, consisting of an openable window at least five percent as large as the floor area of the room.
- Every bedroom must have a means of fire escape, directly to the exterior of the building, by way of an openable door or window. Fire escape to an adjoining room is not acceptable because that second room could be filled with smoke or engulfed in flames at the moment when escape becomes imperative.
The added bedroom on the home you're buying violates all three requirements, an indication that work was done by persons lacking adequate construction knowledge. Such defects are common when homes are altered without required permits. Violations of this kind should be regarded as "red flag" issues, warranting further investigation. Where such building code infractions are evident, others are likely to materialize under closer scrutiny. For example, the non-permitted addition might also harbor unrevealed faults with the foundation, the roof, or the electrical wiring? These questions should be answered before you close escrow.
When construction is undertaken by the uninitiated, any number of building defects may ensue. The purpose of the building permit process is to ensure that such defects are caught and corrected. Fortunately, your home inspector was there to discover and disclose these problems before they became your own. A wise approach would be to ask that the seller apply to the local building department for an "as-built" permit. This will enable the municipal inspector to enforce whatever changes are needed to bring the addition into compliance with applicable code requirements.
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