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  1. #1
    Join Date
    Sep 2013
    Location
    NJ
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    2

    Default HELP NEEDED ASAP Question about windowless bedroom in apartment

    So my son leased a 2br apartment on the fourth floor to move in to off the campus of his university in Illinois and was wondering if this was illegal.

    -The second bedroom is about 10x12 and does not have any windows or air vents, although it does have a second door which leads to the apartment building hallway(Not the outdoors) Is this in violation of R303.1?

    -The bathroom does not have any windows or ventilation system

    Is there anything we can do about this? I'm going to talk to building management and see if there are other units available but if not I assume this is enough to have the lease nullified

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  2. #2
    Join Date
    Mar 2007
    Location
    Spring Hill (Nashville), TN
    Posts
    5,847

    Default Re: HELP NEEDED ASAP Question about windowless bedroom in apartment

    Quote Originally Posted by Josh Myman View Post
    So my son leased a 2br apartment on the fourth floor to move in to off the campus of his university in Illinois and was wondering if this was illegal.

    -The second bedroom is about 10x12 and does not have any windows or air vents, although it does have a second door which leads to the apartment building hallway(Not the outdoors) Is this in violation of R303.1?

    -The bathroom does not have any windows or ventilation system

    Is there anything we can do about this? I'm going to talk to building management and see if there are other units available but if not I assume this is enough to have the lease nullified
    Needs a second point of egress (window or back door in the bedroom) in case he needs to leave quickly during an emergency(FIRE) needs a heat source in the bedroom. The second door will work in most areas. I do know that some require the door to go the exterior of the building and not the hallway. You need to call the local fire marshal or codes inspection office.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  3. #3
    Join Date
    Sep 2013
    Location
    NJ
    Posts
    2

    Default Re: HELP NEEDED ASAP Question about windowless bedroom in apartment

    Thank you for the quick response, I understand that the second doorway may satisfy the second point of egress requirement, but isn't it an issue that the room has no source of fresh air? The apartment has no mechanical ventilation


  4. #4
    Join Date
    Feb 2008
    Location
    New York
    Posts
    869

    Default Re: HELP NEEDED ASAP Question about windowless bedroom in apartment

    Quote Originally Posted by Josh Myman View Post
    Thank you for the quick response, I understand that the second doorway may satisfy the second point of egress requirement, but isn't it an issue that the room has no source of fresh air? The apartment has no mechanical ventilation
    I believe you are correct. Check with the local building dept.

    Steven Turetsky, UID #16000002314
    homeinspectionsnewyork.com
    eifsinspectionsnewyork.com

  5. #5
    Join Date
    Jul 2008
    Location
    Snowbird (this means I'm retired and migrate between locations), FL/MI
    Posts
    4,086

    Default Re: HELP NEEDED ASAP Question about windowless bedroom in apartment

    It is more likely that the IBC or the IFC would be applicable rather than the IRC (your "R" reference) if the building is of mixed occupancy and/or has more than three dwelling units.

    More likely the existing building code & property maintenance code along with the zoning code and BOCA, or even earlier code adoption if the building is of significant age.

    If the apt building was designed as "college" apts, and has plenty of artifical light and has SOME operable windows, its not likely the condition is basis for voiding a lease, as long as the local authorities deem it to be a valid occupancy, i.e. that the two occupants could legally "share" bedroom 1 based on square footage for example, "bedroom 2" may be a "study", as long as the shared spaces (i.e. living room, eating area, etc. are sufficient in sq. ft. to support the number of occupants named on the lease. Another common is for "bedroom 2" to have a louver, grille, or operable transom window above its privacy door to shared space which contains a window to the outdoors.

    Lack of a window would have been easily determined.

    A fourth-floor apt. would not require egress or rescue opening from every room or sleeping room to outdoors, to a separated corridor and emergency lit stairway would be sufficient with that secondary egress door from "bedroom 2" to corridor.

    Remember a through-the-wall AC unit/HP or a PTAC (like what you often encounter in motel rooms), etc. provides mechanical ventilation - esp. when used in vent/fan only mode.

    We tend to get these type of posts about this time of year (Aug-Sept) and again late May/early June.

    Last edited by H.G. Watson, Sr.; 09-04-2013 at 05:27 PM.

  6. #6
    Join Date
    Jul 2008
    Location
    Snowbird (this means I'm retired and migrate between locations), FL/MI
    Posts
    4,086

    Default Re: HELP NEEDED ASAP Question about windowless bedroom in apartment

    Quote Originally Posted by Josh Myman View Post
    So my son leased a 2br apartment on the fourth floor to move in to off the campus of his university in Illinois and was wondering if this was illegal.

    -The second bedroom is about 10x12 and does not have any windows or air vents, although it does have a second door which leads to the apartment building hallway(Not the outdoors) Is this in violation of R303.1?
    No. The IRC does not apply to fourth-floor anything.

    Quote Originally Posted by Josh Myman Cont.

    -The bathroom does not have any windows or ventilation system

    Is there anything we can do about this? I'm going to talk to building management and see if there are other units available but if not I assume this is enough to have the lease nullified
    Assume nothing. See comments in prior post. Age of Bldg for this occupancy.


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