Expert: Chris Radan - 11/10/2006

Question
Hi Chris,

We're considering getting replacement windows in a 20 year old house and a prospective contractor has told us we need to have 3 sashes tempered because the windows are less than 18 inches above the floor, while another contractor has said we don't have to temper them because although they are less than 18 inches above the floor since they are less than 9 square feet, it won't be necessary.  Another contractor told us none of that matters since the windows replace existing windows that aren't tempered, they won't have to be tempered.  Also, we have a window above a bath tub that is not tempered.  Does that need to be tempered if we replace it?  Who is correct?  We live in Fairfax County, Virginia.

Thank you in advance,  Charlie  

Answer
O.K. ...

The contractor who told you that since the windows being replaced weren't tempered means that you don't now need tempered glass...in my opinion, BAD ADVICE!!! He's relying on the ol' "grandfathering" concept. Which, when applied to windows and glazing safety in general, makes it particularly bad advice.

Interestingly enough, the gentleman (or gentlewoman) who told you that the tempered glazing requirement does not apply to your situation...is correct (assuming y'all have measured correctly). Any exposed glazing <9 sq. ft is exempt. And finally, if you want my opinion as a professional inspector, TAKE THE FIRST CONTRACTOR'S ADVICE. In other words, if there's any chance that based-on the position of these windows that someone inside the home (usually small or young children) or outside the home (gardener, you yourself, a careless drunk walking-by, etc.) could accidentally (or otherwise) impact the glazing, put in safety glass. It's the best modern construction practice, period. To put it another way, even if the glazed area(s) are <9 sq. ft, I do not fail to call-out the lack of tempered glass in such installations as a safety hazard to my prospective home buyers when conducting an inspection.

Hope this helps. And...the disclaimer: All information provided above is based-on contemporary NATIONAL building codes and practices. Your mileage may vary, based on local (Fairfax Co. or VA) requirements.