Minnesota Department of Labor and Industry Orange bar
Minnesota Department of Labor and Industry

Opinion: Sleeping room window replacements


98-48b (formally 96-5; revised)


Sleeping room window replacements


1994 UBC Sections 310.4, 3402 & 3404 (yr., title, section)

Submitted By:

MN B.O. Uniformity Committee

Approved By:

Thomas R. Joachim, State Building Official

Issue Date: 

August 3, 1998 (previously July 22, 1996)

Situation #1:  

An existing sleeping room's entire escape/rescue window is removed and there is no change in the rough opening.  Does the replacement window need to comply with UBC Section 310.4?

Answer #1:

No.  As this is considered maintenance under UBC Section 3402, the new window unit need only comply with any code provisions in effect when  the original window was installed, but be no more hazardous.

Situation #2: 

A building is moved into or within the jurisdiction.  The sleeping rooms do not comply with Sec. 310.4.

Answer #2:

UBC Sec. 3404 requires that "buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.


Adopted by committee November 8, 1995 and approved (with deletion) at the 40th Annual Institute of Building Officials on January 12, 1996.

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