ARTICLE I. - IN GENERAL
ARTICLE II. - PERMITS AND FEES
ARTICLE III. - UNSAFE BUILDINGS AND STRUCTURES
ARTICLE IV. - SWIMMING POOLS
ARTICLE V. - FIRE PROTECTION MEASURES IN STRUCTURES
ARTICLE VI. PHOTOVOLTAIC SYSTEMS
ARTICLE VII. SECONDARY MEANS OF EGRESS
FOOTNOTE(S):
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Editor's note— An ordinance adopted on May 14, 2013, amended Ch. 4 in its entirety to read as set out herein. Former Ch. 4 pertained to similar provisions and derived from ordinances adopted Dec. 8, 2009; June 22, 2010; and Mar. 8, 2011. (Back)
Cross reference— Fire protection and prevention, Ch. 7; health regulations, Ch. 8; sewers, Ch. 10; traffic, Ch. 12. (Back)
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Editor’s Note - An ordinance adopted May 25, 2021 eliminated Ch. 4, Article IV, Fire Protection Measures, in its entirety, and amendments of June 8, 2021 and July 27, 2021 added Article V, Fire Protection Measures in Structures.
Sec. 4-3. Adoption of building codes and safety standards.
Sec. 4-4. Building Inspector—Appointment.
Sec. 4-5. Building Inspector—Duties and powers.
Sec. 4-7. Penalty for violations.
This Ordinance shall be known as the Colchester Building Code.
(Ord. of 5-14-13)
Unless otherwise stated, the definitions as given in the listed codes shall be used for the purpose of this ordinance.. The Colchester Development Regulations shall be used for the purposes of all other definitions not included in this chapter.
(a) Finished Space. Finished space is consistent with the Town Assessor’s office and is defined b having 3 of the 4 components of finish: flooring, wall cover, ceiling, and heat. The Town Assessor may be consulted to determine whether these components are present and whether the space is considered finished space.
(b) Living Area. Living area is defined as any normally occupiable space in a residential occupancy, other than bathrooms, closets, halls, storage or utility spaces, and similar areas.
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 7-5-22)
Sec. 4-3. Adoption of building codes and building safety standards.
(a) Pursuant to Title 24, Chapter 83, Section 3101 and Title 24, Chapter 59, Section 1971 of the Vermont Statutes Annotated (V.S.A.), the Town of Colchester, for the purpose of establishing rules and regulations governing the construction, inspection, materials, alteration, relocation, demolition, equipment, repair, use occupancy, maintenance and operation of buildings, structures or premises, and for the prevention of fires, removal of fire hazards, prescribing standards necessary to protect the public, employees and property against harm arising out of or likely to arise out of fire, hereby adopts, the herein listed safety standards. The adoption of such herein listed standards are incorporated fully from the date on which this ordinance (Ordinance of April 24, 1984) shall take effect, and the provisions thereof shall be controlling in the construction alteration, repair and maintenance of all buildings and structures therein contained within the limits of the Town of Colchester.
(b) Provisions and appendices which are referred to in the adopted articles, sections and chapters shall be utilized to the extent necessary to effectuate the purpose of the adopted articles, sections and chapters and this ordinance.
(c) In the event there is a conflict between the provisions of the codes adopted by reference in this Section and the other provisions of this Code or ordinances of the Town, the more restrictive Code or ordinance of the Town shall prevail.
(d) The invalidity of any Section of this Code or of the codes hereby adopted shall not invalidate other Sections or provisions thereof.
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21; Ord. of 7-27-21; Ord. of 7-5-22)
Sec. 4-4. Building Inspector—Appointment.
The Building Inspector (BI) and the Assistant Building Inspector (ABI) shall be appointed by the Town Manager. The Assistant Building Inspector's powers and duties equal those of the Building Inspector. Whenever the BI is designated in this Code, the ABI may fill the same description.
(Ord. of 5-14-13)
Sec. 4-5. Building Inspector—Duties and powers.
(a) The BI is hereby authorized and empowered to enforce the provisions of this Code relating to the construction, alteration, removal, use and inspection of buildings and other structures in the Town. The BI shall administer the provisions of this chapter of this Code as provided herein.
(b) The BI shall receive applications required by this Code, issue permits and furnish the prescribed certificates. The BI may examine premises for which permits have been issued and make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. The BI shall, when requested, by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. The BI may establish priorities for enforcing these rules based on the relative risks to persons and property. In the course of enforcement of this Code, if the BI finds that a structure, building, facility or construction does not meet the standards found in this Code or in Title 24, Chapter 83 of the V.S.A., the BI may issue an order to repair or rehabilitate a structure, building, facility or construction to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures. The BI shall order such changes in the mode or manner of construction and the materials used as the BI deems necessary for the public safety and may order work to cease. With the exception of unsafe facilities discussed in Section 4-19 below, such order shall not be issued by the BI until the party in violation of this Code has been provided notification of said violation and granted a period of not less than seven (7) days to correct the said violation.
Additionally, pursuant to 24 V.S.A., Chapter 59, authority is granted to "Municipal Officials," the BI shall serve as the "Municipal Official" or "Enforcement Officer" for the Town of Colchester for the purpose of enforcing these building code and building construction regulations. Said municipal officials shall possess all the authority granted such officials in the enforcement of said regulations. Town officers, upon being designated as Deputy Municipal Officials by, and subject to the overall direction of, the BI, shall serve as Municipal Officials and shall possess all the authority of a Municipal Official in the enforcement of said regulations.
(c) Inspections required under the provisions of the building code shall be made by the BI. The BI may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provisions of the building code shall be issued based on such reports unless the same are in writing and certified by a responsible officer of such service.
(d) The BI shall adhere to all legal requirements and shall have benefit of all legal means of inspection now or hereafter required or available under law.
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21; Ord. of 7-27-21; Ord. of 7-5-22)
Appeals in the case of the issuance of a ticket under this chapter shall be governed by the provisions of 4 V.S.A. Chapter 29. All other appeals shall be governed by Title 24, Chapter 83 of the V.S.A. and the following provisions:
(a) Any interested person, aggrieved by an order of the BI made in accordance with the provisions of this Ordinance, may appeal. Interested persons are persons aggrieved by the order on appeal, and include, but are not limited to, the BI, the applicant, the person or entity owning title to the property affected by the decision, and/or the aggrieved person's architect or builder.
(b) At the discretion of the appellant, an appeal pursuant to this Section 4-6, may be taken to the Board of Arbitrators discussed in subsection (b) below or to the Criminal Division of the Vermont Superior Court. Such appeal shall be filed within five (5) business days after the receipt of the order being appealed. The taking of the appeal shall operate as a stay. The Board of Arbitrators or the court shall have the power to annul, amend, modify, or affirm the order of the Building Inspector.
(c) Should the appellant choose to appeal to the Board of Arbitrators, the appellant shall file with the BI a notice of appeal setting forth the reasons for the appeal by personal delivery or by leaving said notice of appeal at the office of the BI. A copy of said notice of appeal shall also be provided to the Town Clerk. The Board of Arbitrators shall be assembled and composed as described in 24 V.S.A. § 3110. A decision of a majority of the Board of Arbitrators thus composed, when reduced to writing, sworn to and filed in the BI's office, shall be final and conclusive upon the parties. Upon the filing of such decision, work may be immediately resumed in accordance therewith. The expense of such arbitration shall be paid by the appellant.
(d) Should the appellant choose to appeal to the Criminal Division of the Vermont Superior Court, the appellant shall file a complaint with the Court, and shall provide copies to the BI and the Town Clerk. Pursuant to 24 V.S.A. § 3111, the Judge shall forthwith inquire into the facts or by committee appointed by the Court, and make such order as the Court deems proper under the circumstances. In the Court's discretion, it may tax costs in favor of the prevailing party and issue execution therefore. Upon the entry of judgment, work may be immediately resumed in accordance therewith.
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21)
Sec. 4-7. Penalty for violations.
A violation of these regulations shall constitute a civil ordinance violation. Each day that a violation continues shall constitute a separate offense. Offenses may be prosecuted through the issuance of a Municipal Civil Complaint Ticket as described below.
(a) Municipal Civil Complaint Ticket. Pursuant to 24 V.S.A. Chapter 59 and 4 V.S.A. Chapter 29, any designated enforcement officer, as referenced in Section 4-5(b) above, may commence prosecution for any zoning violation by serving two (2) copies of a Municipal Civil Complaint Ticket either in person or by first class mail on the alleged offender, and thereafter promptly filing the original with the Judicial Bureau. The issuing officer shall follow the procedure set forth by the Judicial Bureau for Municipal Complaint Tickets. The first offense ticketed for a violation shall be punishable by a fine of two hundred dollars ($200.00), the waiver fee shall be one hundred dollars ($100.00); a second offense ticketed for the same violation shall be punishable by a fine of four hundred dollars ($400.00), the waiver fee shall be two hundred dollars ($200.00); a third offense ticketed for the same violation shall be punishable by a fine of eight hundred dollars ($800.00), the waiver fee shall be four hundred dollars ($400.00). Upon the fourth offense, the Town may request that the case be transferred from the Judicial Bureau to the Environmental Court, or any other court of competent jurisdiction.
(b) Violations by Owners. The owner or mortgagee of a building, structure or premises which is in violation of this Ordinance and/or any other person who has assisted in the commission of such violation, shall each be subject to fine as herein provided.
(c) Appropriate Action. The imposition of the penalties herein prescribed shall not preclude the Town from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.
(Ord. of 5-14-13)
Sec. 4-8. Permits—Required; plans and estimates to be submitted.
Sec. 4-9. Permits—Sanitary facilities and potable water.
Sec. 4-13. Moving of buildings.
Sec. 4-14. Buildings not in conformity to be removed.
Sec. 4-8. Permits—Required; plans and estimates to be submitted.
No work regulated under this chapter may commence until a zoning and building permit has been submitted to the BI; and who shall, if said plan is in accordance with the provisions of this Chapter and the Development Regulations, issue a permit for the proposed construction.
In addition to those identified in the Colchester Development Regulations, zoning and building permits shall be required for:
a. Improvements, including remodeling, windows, roof coverings, room additions or partitioning, which exceed $15,000 in aggregate cost;
b. Addition of a bedroom to an existing structure;
c. Swimming pools;
d. Roof-mounted photovoltaic systems;
e. Conversion of previously unfinished space to finished space (as defined herein);
f. Conversion of non-living area to living area (as defined herein).
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21; Ord. of 7-27-21; Ord. of 7-5-22)
Sec. 4-9. Permits—Sanitary facilities and potable water.
No permit for the construction of any building to be used for human habitation or for the alteration of any building so as to render it usable for human habitation shall be issued unless:
(a) Each dwelling unit is connected to either a municipal sewer main or an approved and permitted private sewage disposal system and shall have at least one (1) approved toilet, one (1) bathroom sink, one (1) tub or shower bath and one (1) kitchen-type sink; and
(b) Each dwelling unit is connected to an approved potable water supply that serves all plumbing fixtures in subsection 4-9(a).
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21, Ord. of 7-27-21; Ord. of 7-5-22)
Unless substantial construction has commenced and is continuing, a zoning and building permit shall expire twelve (12) months from the date of issuance unless fifty (50) percent of the work to be done under it shall have been completed during such period. If construction has not commenced or continued, the Building Inspector may extend the permit for a specified period not to exceed six months, upon finding of objective evidence of the intent and effort to pursue the project for which the permit was issued.
(Ord. of 5-14-13; Ord. of 5-25-21; Ord. of 6-8-21, Ord. of 7-27-21; Ord. of 7-5-22)
(a) Every person applying for a permit shall pay a fee for such permit in accordance with the schedule of fees listed in Colchester’s Fee Ordinance Chapter 6½ and as amended by the Selectboard from time to time.
(b) No significant change in the construction of a project, as authorized by a valid building permit, shall be made until a detailed plan has been submitted to the BI a detailed plan of such proposed changes, an appropriate adjusted fee has been paid, and a supplemental permit or permit amendment has been issued.
(c) If a building, alteration, extension or repair of a building is begun without the payment of such fee and without such permit, the builder and owner shall both be deemed to have violated the provisions of this Article.
(Ord. of 5-14-13; Ord. of 7-27-21)
Sec. 4-12. Moving of buildings.
(a) Permit required. The owner of a building or structure shall not move or cause to be moved such building or structure until a permit has been obtained from the BI.
(b) Conditions for permit. The permit holder shall be liable for any damage done to any trees, public utilities or any public property within the street right-of-way or damage to any private property; and shall also specify the streets through which, and the time within which, the building shall be moved.
(Ord. of 5-14-13)
Sec. 4-13. Buildings not in conformity to be removed.
Buildings or structures hereafter erected or moved without a permit, not in conformity with this Ordinance, may be required to be removed.
(Ord. of 5-14-13; Ord. of 7-5-22)
Cross reference— Fees for permits and licenses, ch. 6½. (Back)
Sec. 4-14. Definition; application.
Sec. 4-15. Removal or making safe upon order.
Sec. 4-18. Survey upon failure of owner to comply; report.
Sec. 4-19. Disregard of unsafe notice and survey report.
Sec. 4-20. Vacating unsafe facilities.
Sec. 4-14. Definition; application.
The term "unsafe building or structure" shall apply to buildings or structures, or portions thereof, existing or hereafter erected, as follows:
(a) Those deemed by the BI to be structurally unsafe; unstable; unsanitary; constituting a fire hazard; unsuitable or improper for the use or occupancy to which they are put; constituting a hazard of health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; presence of an imminent hazard or an ongoing event associated with features such as damaged or leaking underground gas mains, railroad cars, aircraft, automotive vehicles, and water craft; or otherwise dangerous to life or other property;
(b) Vacant buildings or structures, or portions thereof, deemed by the BI to constitute a hazard.
(Ord. of 5-14-13; Ord. of 5-25-21)
Sec. 4-15. Removal or making safe upon order.
When a building or structure, or any portion thereof, is found unsafe upon inspection by the BI, the BI shall order such building or structure, or any portion thereof, to be made safe, or closed and secured, or taken down and removed.
(Ord. of 5-14-13)
A building or structure, or any part thereof, declared unsafe by the BI may be restored to safe conditions. However, if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of the value of the building or structure, exclusive of foundations, such buildings or structures, if reconstructed or restored, shall be made to conform with respect to materials and type or construction, to the requirements of this Code. No change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
(Ord. of 5-14-13)
Upon determining that a building or structure, or portion thereof, is unsafe, the BI shall serve or cause to be served on the owner, or some one of the owners, executors, administrators, agents, lessees, mortgagees, or other persons who may have a vested or contingent interest in the same, a written notice containing a description of the building or structure or portion thereof deemed unsafe, a statement of the particulars in which the building or structure or portion thereof is unsafe, and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by the BI. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by certified or registered mail to the last known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service.
(Ord. of 5-14-13)
Sec. 4-18. Survey upon failure of owner to comply; report.
If the owner, agent or person interested in such unsafe structure refuses or neglects to comply with the requirements of an order within the time limit specified, a careful survey of the premises shall be made by a Board consisting of a Surveyor, the Chief of the Fire Department, and one (1) disinterested person to be appointed by the BI. The BI shall fix the fee for services of such person so appointed. A report of such survey shall be made in writing and a copy thereof served on the owner, agent or other person interested.
(Ord. of 5-14-13; Ord. of 7-27-21)
Sec. 4-19. Disregard of unsafe notice and survey report.
If the report declares such structure to be unsafe and if the owner, agent or person interested continues such refusal or neglects to remove or make the building safe, the BI may cause the building or structure to be taken down or otherwise made safe. The costs and charges incurred shall constitute a lien upon the land upon which such building is situated, and said owner or person interested shall, for every day's continuance of such refusal or neglect, be subject to a fine as provided by Section 4-7 of this Code.
(Ord. of 5-14-13)
Sec. 4-20. Vacating unsafe facilities.
When a building or structure or facility, or portion thereof, is determined by the BI to constitute an unsafe facility, building or structure, the BI in consultation with the Police Department, Fire Department, and the Public Works Department may order the closure of such facility and order occupants to immediately vacate the premises, if by doing so the public safety will not be imperiled. If public safety would be imperiled, the BI shall order demolition and removal of the structure, or fencing of the premises. Facility closure may include, but shall not be limited to: closure of public rights-of-way; closure of private ways; closure of buildings, structures and facilities; and closure of areas adjacent to unsafe facilities. Such facilities may be partially or completely open again at such time as deemed safe by the BI. The BI shall use all available media and means of communication to inform occupant(s) and/or the public of facility closure in a timely manner.
(Ord. of 5-14-13; Ord. of 4-14-20)
(a) Notice. In case there shall be, in the opinion of the BI, actual and immediate danger of failure or collapse of a building or structure or portion thereof so as to endanger person or property, or if the structure would be especially unsafe in case of fire, the BI shall so notify the owner or interested party(ies) and fix in a conspicuous place upon exterior walls a notice of its dangerous condition.
(b) Action to be taken. Any person notified as provided in subsection (a) shall, within twenty-four (24) hours of the day following the service of such notice, commence to secure or remove such structure, and shall employ sufficient workers speedily to secure or remove it. However, if the public safety so requires, and if the Selectboard so orders, the BI shall immediately enter upon the premises with the necessary workmen and cause said structure to be shored up, taken down or otherwise secured without delay, and a proper fence or boarding put up for protection of the passers-by.
(c) Costs. The costs and charges incurred by the Town with respect to this Section 4-23 shall constitute a lien upon the land which such building is situated, and said owner or person interested shall, for every day's continuance of such refusal or neglect, be subject to a fine as provided by Section 4-7 of this Code.
(Ord. of 5-14-13; Ord. of 7-27-21)
Sec. 4-23. Applicability of Article.
Sec. 4-24. Enclosure required.
Sec. 4-26. Modification of requirements permitted.
Sec. 4-28. Electrical installation.
Sec. 4-29. Safety appliances required.
A "swimming pool" is any constructed or prefabricated pool used for swimming or bathing whether private or public located above or below ground, twenty-four (24) inches in depth or greater or with a surface area exceeding two hundred fifty (250) square feet.
(Ord. of 5-14-13)
Sec. 4-23. Applicability of Article.
The requirements of this Article shall be applicable to all new and existing swimming pools and no person in possession of land which a pool is or shall be situated shall fail to provide and maintain the equipment, fence or wall and facilities required herein.
(Ord. of 5-14-13; Ord. of 5-25-21)
Sec. 4-24. Enclosure required.
Every outdoor swimming pool shall be completely surrounded by a fence or wall of not less than four (4) feet in height which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in any dimension, except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure. However, freestanding pools with essentially smooth, vertical exterior walls at least four (4) feet in height measured on the outside surface shall not require additional enclosures, except that all points of pool access, which shall comply with Section 4-27.
(Ord. of 5-14-13; Ord. of 5-25-21)
All gates and doors opening through an enclosure shall be equipped with self-closing and self-latching devices for keeping such gates or doors securely closed at all times when not in use for ingress and egress, except a door of any dwelling which forms a part of the enclosure need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure shall be located at least four (4) feet above the ground.
(Ord. of 5-14-13)
Sec. 4-26. Modification of requirements permitted.
The BI may make modifications in individual cases upon showing of good cause, with respect to the requirements of enclosing swimming pools, so long as the degree of protection afforded by substitute devices or structures is not less than the protection sought by this Article.
(Ord. of 5-14-13; Ord. of 5-25-21)
(a) No swimming pool, including all facilities or equipment, shall be constructed on a required front yard nor closer to any side or rear property line than allowed by the Development Regulations for an accessory structure.
(b) Location of swimming pools other than private pools shall be subject to site plan review by the Development Review Board.
(Ord. of 5-14-13; Ord. of 5-25-21)
Sec. 4-28. Electrical installation.
(a) All electrical connections shall be properly grounded and shall be further protected by a ground-fault circuit interrupter.
(b) No pool shall be constructed or used that has overhead electrical wires crossing the pool area.
(c) All lighting used in conjunction with the pool shall be so situated that there is no direct glare beyond the lot line.
(Ord. of 5-14-13)
Sec. 4-29. Safety appliances required.
Safety appliances, consisting of at least one (1) ring buoy with a line the width of the pool attached and one (1) pole longer than half the width of any pool shall be readily accessible and shall be in plain view whenever there is water within a swimming pool.
(Ord. of 5-14-13)
Sec. 4-30. Emergency Access Boxes.
Sec. 4-31. Photovoltaic systems.
Sec. 4-30. Emergency Access Boxes .
Emergency Access Boxes shall be required for new structures and existing structures except Accessory structures; and Residential structures containing three (3) or less units, unless otherwise required in Section 7-10 and 7-11 in Chapter 7 of the Colchester Code of Ordinances.
(a) A General Electric Company Supra Safe Model 2HS or Model 2HSR shall be installed immediately adjacent to the primary entrance of a building on its exterior.
(b) If there is a gated perimeter fence on the property, the access box shall be located immediately adjacent to the exterior of the gate. The property owner shall be responsible for ensuring that the keys are updated whenever locks are changed. Keys must be provided for all rooms and areas of a facility. Each box shall contain the following keys.
(1) Perimeter gate access key (where applicable).
(2) Fire alarm panel access key (where applicable).
(3) Structure alarm key (where applicable).
(4) One (1) master key for each floor of the structure.
(5) Structure sprinkler shutoff key (where applicable).
(6) Elevator key (where applicable).
(7) Keys to exterior controls for automatic overhead doors.
(8) Additional keys as determined necessary by the Fire Chief.
(Ord. of 5-14-13; Ord. 4-14-20; Ord. of 7-27-21)
ARTICLE VI. PHOTOVOLTAIC SYSTEMS
Sec. 4-31. Applicability of Article.
All Photovoltaic Systems shall comply with the 2015 Edition of NFPA 1 Chapter 11 as it applies to mounting solar systems on one- and two- family homes.
(Ord. of 7-27-21; Ord of 7-5-22)
ARTICLE VII. SECONDARY MEANS OF EGRESS
Sec. 4-32. Applicability of Article.
Sec. 4-33. Egress Required.
Sec. 4-34. Egress Requirements.
Sec. 4-35. Exceptions.
Sec. 4-32. Applicability of Article.
The requirements of this article shall be applicable to:
(a) The construction of new single-family dwellings that are not otherwise regulated for tis purpose by the State of Vermont Division of Fire and Safety.
(b) The conversion or changing of an existing area within a residential dwelling into new living area, unless the applicant can demonstrate that they have received a permit and review from the State of Vermont Division of Fire and Safety for the same or similar standards.
(Ord. of 7-5-22)
Sec. 4.33. Egress Required.
Every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape which meet or exceed the minimum dimensional requirements outlined herein.
(Ord. of 7-5-22)
Sec. 4.34. Egress Requirements.
For each applicable area, a secondary means of egress shall be one of the following:
(a) A door, stairway, passage, or hall providing a way of unobstructed travel to the outside of the dwelling at street or the finished ground level that is independent of and remote from the primary means of escape.
(b) A passage through an adjacent nonlockable space, independent of and remote from the primary means of escape, to any approved means of escape.
(c) An outside window or door operable from the inside without the use of tools, keys, or special effort and shall provide a clear opening of not less than 5.7 feet. The width shall be not less than 20 inches and the height shall be not less than 24 inches. The bottom of the opening shall be not more than 44in. above the floor. Such means of escape shall be acceptable where one of the following criteria is met:
1. The window shall be within 20 feet of the finished ground level.
2. The window shall be directly accessible to fire department rescue apparatus as approved by the authority having jurisdiction.
3. The window or door shall open onto an exterior balcony.
(d) Windows having a sill height below the adjacent finished ground level shall be provided with a window well meeting all of the following criteria:
1. The window well shall have horizontal dimensions that allow the window to be fully opened.
2. The window well shall have an accessible net clear opening of not less than 9 feet with a length and width of not less than 36 inch.
3. A window well with a vertical depth off more than 44 inch shall be equipped, with an approved permanently affixed ladder or with steps meeting both of the following criteria:
i. The ladder or steps shall not encroach more than 6 inch into the required dimensions of the window well.
ii. The ladder or steps shall not be obstructed by the window.
(e) Bulkhead enclosures that provide direct access to the basement from the exterior may be used as a secondary means of escape.
(Ord. of 7-5-22)
Sec. 4.34. Exceptions.
A secondary means of escape for a living space shall not be required where one of the following conditions is met:
(a) The bedroom or living area has a door leading directly to the outside of the building at or to the finished ground level.
(b) The dwelling unit is protected throughout by an approved automatic sprinkler system in accordance with 24.3.5 of NFPA Life Safety 101.
(Ord. of 7-5-22)