Is this window legal?

I have been asked that question by almost every buyer I have worked with and it is definitely critical.  Here is a link to the City of Calgary Requitments: Calgary-egress-window-guidelines

Here is a brief summary:

In order for ANY basement room to be used as a bedroom:

  1. The total area of the window opening (the actual opening itself track to track, not the total window size) must be equal to or greater than 3.8 sqft
  2. The height of the window opening (the actual opening itself track to track, not the total window size) must be equal to or greater than 15 inches
  3. If the window is below grade, the window well must be the entire width of the window and must extend 30” from the window glass.
  4. The building code applies equally if it is owner or renter occupied
  5. If it is used as a separate basement suite, it will require other building requirements (such as a smoke detector in each room as well as other fire suppression).
  6. You are not required to do this upon possession.
  7. You are only required to do this if there is a complaint. A building inspector will attend and advise.
  8. If you do not modify the window, you will not be allowed to use it as a bedroom or you will be penalized.
  9. Technically, a real estate agent is not allowed to list a property as having a basement bedroom without meeting these specific guidelines.  If they do and there is a complaint after you take possession, the sellers real estate agent and the seller cannot be sued as it is the buyers due diligence that would be relied upon.