WEST VIRGINIA IRC ADOPTION
X – Effective Statewide
Kenneth E. Tyree, State Fire Marshal
State Building Code Review Board
Code Adoption Information: http://www.iccsafe.org/about-icc/government-relations/map/west-virginia/
Window Well Requirements For Egress
Without an Egress Ladder
With a Permanent Egress Ladder
Basement Window Requirements For Egress
The West Virginia State Fire Commission is responsible for adopting, promulgating, and amending statewide construction codes. The Administrative Procedures Act requires public hearings on the adoption of all codes by the State Fire Commission. When the State Fire Commission proposes to adopt a code, the code is filed with the Secretary of State. The commission conducts a public hearing and can modify the rule with the Secretary of State as an agency-approved rule.
The rule is then filed with the Legislative Rule-Making Review Committee. Once the rule is approved or modified by the Legislative Rule-Making Review Committee, it is introduced as a separate bill during the legislative session. Legislation need not be initiated by the State Fire Commission; the legislature can modify the code by proposing legislation at any time during the regular session.
If counties choose to enforce a code, they must follow what the state prescribes, though they are not forced to administer the state code or any code at all. Some counties are home rule in WVa. Even if they choose to administer a code, home rule counties need not use the state code.
Local amendments include:
The West Virginia Fire Commission has adopted statewide the IBC, IRC, IMC, IFGC, IPC, IPMC and IEBC for any jurisdiction that chooses to enforce codes. Check locally for enforcement information.
Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
Exception: Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).
Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge. Window opening control devices complying with ASTM F 2090 shall be permitted for use on windows serving as a required emergency escape and rescue opening.
Emergency escape and rescue openings shall have minimum dimensions as specified in this section.
Emergency and escape rescue openings shall have a net clear opening of not less than 5.7 square feet (0.530 m2). The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. The net clear height opening shall be not less than 24 inches (610 mm) and the net clear width shall be not less than 20 inches (508 mm).
Exception: Grade floor or below grade openings shall have a net clear opening of not less than 5 square feet (0.465 m2).
Where a window is provided as the emergency escape and rescue opening, it shall have a sill height of not more than 44 inches (1118 mm) above the floor; where the sill height is below grade, it shall be provided with a window well in accordance with Section R310.2.3.
The horizontal area of the window well shall be not less than 9 square feet (0.9 m2), with a horizontal projection and width of not less than 36 inches (914 mm). The area of the window well shall allow the emergency escape and rescue opening to be fully opened.
Exception: The ladder or steps required by Section R310.2.3.1 shall be permitted to encroach not more than 6 inches (152 mm) into the required dimensions of the window well.
Window wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R311.7 and R311.8. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well.
Window wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section R405.1 or by an approved alternative method.
Exception: A drainage system for window wells is not required where the foundation is on well-drained soil or sand-gravel mixture soils in accordance with the United Soil Classification System, Group I Soils, as detailed in Table R405.1.
R310.2.4 Emergency Escape And Rescue Openings Under Decks And Porches.
Emergency escape and rescue openings shall be permitted to be installed under decks and porches provided that the location of the deck allows the emergency escape and rescue openings to be fully opened and provides a path not less than 36 inches (914 mm) in height to a yard or court.
Replacement windows installed in buildings meeting the scope of this code shall be exempt from the maximum sill height requirements of Sections R310.1 and Sections R310.2.1 and R310.2.2, provided the replacement window meets the following conditions:
The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
The replacement window is not part of a change of occupancy.
Where a door is provided as the required emergency escape and rescue opening, it shall be permitted to be a side-hinged door or a slider. Where the opening is below the adjacent ground elevation, it shall be provided with a bulkhead enclosure.
The minimum net clear height opening for any door that serves as an emergency and escape rescue opening shall be in accordance with Section R310.2.1.
Bulkhead enclosures shall provide direct access from the basement. The bulkhead enclosure shall provide the minimum net clear opening equal to the door in the fully open position.
Bulkhead enclosures shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section R405.1 or by an approved alternative method.
Exception: A drainage system for bulkhead enclosures is not required where the foundation is on well-drained soil or sand-gravel mixture soils in accordance with the United Soil Classification System, Group I Soils, as detailed in Table R405.1.
Bars, grilles, covers, screens or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided that the minimum net clear opening size complies with Sections R310.1.1 to R310.2.3, and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or force greater than that required for the normal operation of the escape and rescue opening.
Where dwelling additions occur that contain sleeping rooms, an emergency escape and rescue opening shall be provided in each new sleeping room. Where dwelling additions occur that have basements, an emergency escape and rescue opening shall be provided in the new basement.
An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs.
Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1.
Download the State Local Codes Chart PDF to determine which International Residential Code your state follows. Depending on your State, your local county may have additional/different requirements. Please refer to your local government website for up-to-date information and to confirm the information on this page.