In attempting to get a permit to install a basement bathroom, our township building inspector is demanding we install an egress window. She has put a stop work order in the meantime. Naturally, we need to move. This has been going on for nearly a month. Everything we dispute one claim, they make another. First, it was because there is some drywall. Next, it was because she claimed the bathroom made it a habitable area. When I pointed out that the code she is claiming to go by specifically says bathrooms don't count as habitable, her and the building department manager decided ALL basements have to have egress windows. Period.
It's the 2009 IRC that they claim to be going by.
R310.1 Emergency escape and rescue required. Basements, habitable attics and every sleeping room shall have at least one operable emergency escape and rescue opening.
So, I said, why doesn't my side door that connects to the basement by stairwell count? There is no other room. Nothing to block it. By the very definition in the code it should count.
EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or similar device that provides for a means of escape and access for rescue in the event of an emergency.
THAT is the complete definition AND the document itself says nothing is to be altered if already defined in the document. Only thing I wanted to check, and according to Webster, since they DON'T define an exterior door, and that is defined as a door allowing entry and exit to/from the outside.
I would have no problem if this was really necessary but we are putting in a bathroom. No recreation room, no bedrooms. Storage and a utility room. That's it. Can't get any satisfaction from the township, needless to say. We're considering just doing it so we can get this nonsense done and then suing in court for causing us unnecessary expense.
Any thoughts? I mentioned we need to move. We bought the house a couple months ago and have been trying to get it ready before moving in. So much for that plan…..
Best Answer
OK, first of all it is probably best to not get into a shouting match with the local code officials. No matter how wrong you think they are, you still need their approval. So be sure to stay civil!
Second, the question of which code version should not be up to whim. You can verify what copy of the IRC your state and local city uses by looking it up online. Many states make additional adjustments to the code, and your county or city might as well. All of this is easily verified.
Third, put down the Webster dictionary. Building codes and construction have specific meanings for many words and phrases, and a dictionary will not help you.
But to get back to your question, the answer is in the very code you cited... you just stopped reading too soon:
So it only counts as an emergency exit if it goes directly outside. It can't go up stairs and then out a door. The side door you already have counts as an emergency exit for the ground floor, but not for the basement.
Unfortunately you have learned that if you do construction in an area of the house you are generally required to bring that portion up-to-code. If you were not doing any work in the basement, it's unlikely that the building officials would care about the exit. But if you touch it, you own it.