Windows not Tempered

[Don Jackson]

I am not sure if these windows must be tempered or not...the bottom portion is a "crank-out" window that is 12" from the floor...the top window is 3 feet from the floor and does not open. This window is not tempered. I know that portion of the window is high enough that it doesn't need to be, but since both windows are within the same frame, is it considered to be one window, thus needing to be tempered? Thanks.

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[Rick Cantrell]

To be, or Not to be.
Not to be.

[Gunnar Alquist]

No. The code refers to each glazed unit, not the entire window opening. So, technically, a divided light window that is floor level does not need to be tempered as long as each light is less than 9 square feet. Tempered would be a good idea though.

However, realizing that this is not a part of your question... If that is a bedroom, those windows would not meet egress requirements.