Double Hung Windows + Casement Windows

[sefnfot]

Does the code require double hung or even single hung windows to work like new and stay open? Or can I just require the tenants to use a brace for this?
This is for a 100 yr old building ( apartments ) . some windows don't stay open,
and on this there is a difference between slamming shut or just sliding down.

Also I remember reading that •Casement Windows are not required to work like new windows.

I have aluminum crank windows that the levers always break down and the locks never seem to reach the mechanism ; my opinion is that there are 2 locking features: one is the crank and second is the manual lock.
This is the type of lock that is used : http://primeline.net/home4.wcs?nMenuid=3910&cProd=H1&cSProd=002

[Jerry Peck - Codeman]

Does the code require double hung or even single hung windows to work like new and stay open? Or can I just require the tenants to use a brace for this?
This is for a 100 yr old building ( apartments ) . some windows don't stay open, and on this there is a difference between slamming shut or just sliding down.

There are two aspects to your question: 1) a Property Maintenance Code which would address existing buildings; 2) litigation when something happens as a result of lack of maintenance.

First, let's address issue 1) codes:

- This would depend on what your city/town/county/state (depends on which adopts the code which applies to your area) and that is not known - so I will address the ICC (International Code Council) IPMC (International Property Maintenance Code) as to what it requires as many (but not necessarily 'most' or 'all') Property Maintenance codes are based on the ICC IPMC.

- From the 2015 ICC IPMC:
- -

2015 ICC IPMC 403 Ventilation 001.jpg

- - - "Every habitable space shall have not less than one openable window." Does that mean that 'only one' of the windows present is required to be openable (operable)? No, that says "at least one", which means that all windows which are designed to be operable should be operable

- -

2015 ICC IPMC 304 Exterior - Windows 001.jpg

- - - "Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.", which pretty much answers your question with "being held in position by window hardware".

Thus, based on just the two ICC IPMC sections above, and there are likely additional sections which apply to certain windows, such as emergency escape and rescue openings (EERO), the answer to whether or not you would be permitted to require your tenants to use a brace to prop open a window ... the answer would be "No, that would not be permitted."

Second, let's address issue 2) litigation:

- With the answer to 1) being so clearly spelled out in the ICC IPMC, the defense for anything which might happen with regard to being associated with any of those windows is non-existent.
- If anything were to happen, injury, death, basically anything which could have value applied to it, would be considered an injury (financial loss is an injury), and you would not have any defense against a claim for such a loss.

I doubt that is the answer you were looking for in the short term (maintenance), but it will help in the long term (keeping your property as yours and not having to pay to give it to someone else to cover a loss) I think you will find the answer is prudent in protecting your assets.