Response to Issues Raised with New Operable Windows
Happy Holidays. The special assessment construction pace will slow over the holidays as many of the contractors’ staff are taking vacations. This should result in less construction noise and disruptions. The board is planning an end-of-year recap report on the construction progress sometime in early January, but until then, we wanted to address the issues raised by owners concerning the new windows that have been installed thus far. Below are the major issues raised concerning the windows and our responses to each issue raised.
1) Issue: Not what was presented at Bay Scene Town Hall on 21 January 2023.
The new windows are dramatically different from the sample that was presented during the January 2023 Town Hall. At that meeting the window opened widely.
Response: The installed casement window is an improvement when compared to the sample operable window presented at the Town Hall meeting. Using a preliminary conceptual design developed for Bay Scene, the sample operable window was assembled on short notice by the local window fabricator/installer (Long Glazing & Door) using available materials in their shop along with parts provided by the window manufacturer (Arcadia), to offer a hands-on preview of the ongoing window design work at the January 2023 Town Hall. The type of operable window included in the sample differs from what you see installed today. First, the sample utilized a bottom opening type awning window (like the existing Bay Scene windows) turned on its side and fitted with an awning type four-bar hinge that by its nature allows the operable unit to “pivot” open such that it could allow for cleaning, should someone choose, although not a design requirement for the project. After thorough design and detailed engineering analysis of the complete window system subsequent to the Town Hall and due to the large size and weight of the actual side-swinging casement window, the use of heavy-duty side hinges was necessary to adequately support the opening operation of the window you now see installed. Although the Board was unaware of the design evolution through engineering, we hope homeowners will find and appreciate that the newly installed windows incorporate all the design requirements of Bay Scene residents, such as large view windows with ample ventilation, high performance window frames and dual glazing to keep the units warmer in colder weather, and modifying the window design to improve fall safety protection when compared with the existing original windows.
2) Issue: Airflow.
The new windows installed only opens four (4) inches on each side resulting in very little air flow into the room. California's Building Code emphasizes the importance of natural light and ventilation in habitable spaces. Natural light openings must be at least 8% of the space's floor area, and the ventilation aspect must be at least 4% of the floor area. The two four-inch openings do not meet that standard. It's clear that anyone sleeping in the bedrooms will be starved for adequate air flow. Imagine how unbearable the room will be during summer heat waves. Climate change over the years likely will add to this problem.
Response: The installed limiter is being adjusted to allow for as much as 20-inches of clear opening. This has already been tested in Unit 111 allowing the window to open much wider (more than 45 degrees and parallel to the angled wall of the second bedroom of the One and Two stack units. The size and quantity of the operable casement windows being installed allow for significantly more natural ventilation than code requires and, in most cases, nearly doubles the amount of ventilation provided when compared with the existing awning windows.
3) Issue: Difficulty opening and closing windows.
The average height of women in the United States is 5'4". Most women will not be able to open and close the latches on the new windows without a step stool. Individuals in wheelchairs will simply not be able to open and close this newly installed window. That seems dangerous, unethical, and most likely a violation of the America with Disabilities Act (ADA).
Response: The issue raised here refers to the second (higher) of the two window latches. In response to homeowner wishes, the new windows open to the ceiling to maximize the ventilation. The lower latch is well within the height where a person in a wheelchair could open and close the latch; however, the upper hatch is at a height near the top of the window and will require a step stool for some residents. The board addressed this issue with the window manufacturer (Arcadia) and they explained that the higher height was required to provide a maximum seal for the operable windows as necessary to pass the considerable fenestration field-testing and forensic water leak investigations that will be performed on the windows of Unit 111 in January. That being said, when the window was closed using only the bottom hatch, there was still a very tight seal for the windows, adequate for normal day-to-day situations. Therefore, the windows could be operated using just the bottom latch and still meet suitable day-to-day conditions and the upper latch used only during the coldest weather conditions, minimizing the amount of time a step stool is necessary.
4) Issue: Lack of Building Inspection.
In California, replacement of windows requires permits and inspections to endure compliance. Have such inspections taken place for this new window design?
Response: The replacement of windows at Bay Scene required the city’s design review for code compliance prior to the issuance of current building permits. Testing and inspection from multiple sources are planned and ongoing and will help to ensure compliance with the design and codes.
5) Issue: Egress for Sleeping Rooms.
California's building code mandates the installation of emergency escape windows, also known as egress windows, in habitable rooms used for sleeping. These requirements ensure that occupants can escape, and rescue personnel can enter the building in case of emergencies. Egress windows must open from the inside using a mechanism like a crank or a lever that can be easily accessed in an emergency without special tools.
Response: The Bay Scene curtain wall window system project is an alteration of existing windows constructed in 1973 and as such complies with the requirements of the California Existing Building Code (CEBC), among other codes. The record drawings for the 1973 building construction do not identify the existing curtain wall windows as having emergency escape and rescue provisions and therefore can be presumed the building was approved and constructed without any. Nonetheless, the new replacement operable casement windows are, as allowed by the 2022 California Existing Building Code Section 505.3 for an apartment/condominium occupancy (R-2), to be of a style that provides for an equal or greater window opening area than the existing (awning) operable window, and therefore exempt from Section 1031.3 of the California Building Code’s requirements for new windows (sizes and configurations) used for emergency escape and rescue. It should be noted, however, that the new replacement operable casement windows will provide, although not required, sufficient opening size to allow for escape and rescue.
Sincerely,
Your Bay Scene Board of Directors