ᐅ Is a manual override for roller shutters on a window required?

fraubauer schrieb:

During the inspection of the apartment, an expert stated that the kitchen window or the balcony door must have an emergency release.

A reminder:

Shutters—including roller shutters—are, subject to other regulations in the declaration of division, like windows considered facade-design elements and thus part of the common property (even if paid for by the owner). If they were considered private property, you could paint the shutters on the outside, for example, pink, which not everyone would like.

Here, possibly the wrong person (= own expert?) is criticizing the—at least factually understandable—findings. If necessary, this needs to be addressed again through the homeowners association administration regarding the common property.

Has the common property already been accepted?
Whose expert made these statements?
What are they based on?

Section 31 of the Bavarian Building Code requires a first and second means of escape.
Further building code requirements for the second means of escape, such as window opening options, are contained in Section 35 of the Bavarian Building Code—but not that the shutter must be operable without electricity.

This will likely be the response from the developer....

Unlike other building codes, such as Section 40 IV of the NRW Building Code, the Bavarian Building Code does not require being able to signal for help from there in case of danger, which is a guiding principle of escape route regulations.

Section 35 IV of the Bavarian Building Code states at least that windows must be openable from the inside (which you can still do with shutters closed. However, you cannot get out without pushing against the shutter):

[I]"4) Windows serving as escape routes according to Art. 31 para. 2 sentence 2 must have a minimum width of 0.60 m (24 inches), a minimum height of 1 m (39 inches), be openable from the inside, and be positioned no higher than 1.20 m (47 inches) above the floor surface. If these windows are in roof slopes or roof structures, their lower edge or an adjoining exit must not be more than 1 m (39 inches) horizontally away from the eaves edge."[ /I]

Whether there is actually a defect because the execution supposedly does not comply with regulations remains open. While the building authority confirmed the expert’s statements here, neither alone establishes a legal claim.
If no legal claim exists, appropriate measures should rather be taken to increase personal safety—even if this may be at one’s own expense.

@ypg: Thanks, that should work then.

I have read the building regulations for NRW, as they are relevant to me. How is "being able to make noticeable" defined? I am still missing some of the connection regarding the point about the strict necessity of a manual crank.

Otus11 schrieb:
A quick reminder:

Shutters, unless otherwise specified in the declaration of division, are considered—just like windows—as facade-design elements and therefore part of the common property (even if you paid for them yourself). If they were private property, you could, for example, paint the shutters pink on the outside, which not everyone would like.

Possibly the wrong person is criticizing here (= their own expert?), questioning the—at least objectively understandable—findings. If necessary, this should be addressed again with the condominium administration regarding the common property.

Has the common property already been officially accepted?
Whose expert made these statements?
What are they based on?

Section 31 of the Bavarian Building Code requires both a first and second escape route.
Further building regulation requirements for the second escape route, such as window opening options, are included in Section 35 of the Bavarian Building Code—but there is no requirement that the shutter must be operable without power.

This will likely be the developer's response....

Unlike other building codes, such as Section 40(4) of the North Rhine-Westphalia Building Code, the Bavarian Building Code does not state that occupants must be able to "alert others in case of danger," which is a guiding principle of escape route regulations.

Section 35(4) of the Bavarian Building Code at least requires that windows must be openable from the inside (which is still possible even with shutters. However, you cannot exit without breaking the shutter):

[I]"4) Windows that serve as escape routes under Article 31(2) sentence 2 must have a minimum width of 0.60 m (2 feet), a minimum height of 1 m (3.3 feet), be openable from the inside, and be installed at no more than 1.20 m (4 feet) above the finished floor level. If these windows are located in sloped roofs or roof structures, their lower edge or any protruding exit located in front of them must not be more than 1 m (3.3 feet) horizontally away from the eave."</I]

Whether this truly constitutes a defect because the execution allegedly does not comply with regulations, I will leave open. Although the building authority confirmed the expert’s statements here, neither alone establishes a legal claim.
If there is no legal claim, then appropriate precautions should be taken to increase your own safety, possibly at your own expense.

Thank you for the detailed explanation.

But what would this mean for me now?
Could I just leave it as is (all shutters electric) and in an emergency simply break the shutter? Or do I need to take action and modify a shutter at my own expense?
No one seems able to give me a clear answer like "This must be changed, or you will have problems with the building authority and insurance" or "You don’t need to have it changed since it is not mandatory."

Just ask your insurance company, so you don’t worry unnecessarily.

sirhc schrieb:
How is "being able to make oneself noticeable" defined? I’m still missing the connection from that point to the absolute necessity of a manual crank.

For example, being able to call "Help!" audibly from outside, wave, …

The fire department (FD) brings its own escape equipment, such as ladders and axes. If someone is already incapacitated inside, it makes no difference to the FD whether there is a manual crank or an electric motor when the roller shutter is closed. It’s probably about situations where a person can still actively signal their distress.

As far as I know, there are at least clarifications below the building codes in Hamburg and Hesse (possibly also in other federal states? If not, I do not see this as a construction defect, but as personal responsibility, as mentioned above. Or the building inspector / authority can provide specific references for their federal state regarding their claims):


Hamburg;
FREE AND HANSEATIC CITY OF HAMBURG
Authority for Urban Development and Environment – Office for Building Regulations and Structural Engineering
Building Inspection Service (BPD) 05/2012 –
Fire Protection Technical Interpretations (BTA)
p. 45:

Regarding § 35 Hamburg Building Code para. 4 sentence 2 Windows as means of escape

"Windows serving as escape routes should have an unobstructed opening area (at least 0.9 m width x 1.2 m height (3 ft x 4 ft)) to allow fire and rescue operations by the fire department.

Fixed posts or bars in window frames hinder rescue efforts.

In case of fire, it must be ensured that persons can make themselves noticeable to rescuers. Therefore, operation of electrically powered roller shutters at windows serving as escape routes must be guaranteed even during a fire. Roller shutters must either be operable mechanically (e.g., manual crank) or have a secured battery-powered control system that allows them to be raised in the event of a power failure."



Hesse:
Clarification by the Regional Council from November 2014 and the Highest Building Authority from January 2015:

Quote: "The regulations of the Hesse Building Code concerning the provision of the second escape route via fire department rescue equipment are based on the assumption that a person trapped inside the housing unit, if the primary escape route fails, will usually be able to open the accessible window and signal their emergency. If escape windows are closed by electrically powered roller shutters, it must be ensured that, even if the electric drive fails, manual raising of the roller shutter and thus opening of the escape window from the inside is possible. Furthermore, windows serving as fire department access points must be accessible from the outside by the fire department. Roller shutters or sunshades installed in front of these windows must be easily overcome by the fire department and must not significantly hinder firefighting operations."

By the way:
It would be consistent to also have green emergency exit signage inside with attractive night lighting …