An Oahu home inspector is pushing to improve Honolulu’s building code after noting what he considered safety shortcomings in a bedroom window of a unit in the Ritz-Carlton Residences, Waikiki Beach, which is expected to open in April.

Wayne Blackburn, owner of Inspector Homes LLC, sounded the alarm last month after discovering the bottom sash of a 22nd-floor awning window in the condominium hotel could open at least 4 inches at floor level.

The city Department of Planning and Permitting approved the window style, which was used about 50 to 60 times in the project’s first tower. However, Blackburn flagged the window because he thinks small pets or keiki could get stuck or fall through the gap. Also, he said objects could turn into projectiles if they plummeted through the unscreened opening.

Blackburn wants the project’s owner, Irongate, to seal the windows shut or convert them to a top-opening design. He also favors installing reinforced screens or other safety features.

His voice is the latest in an ongoing discussion about whether Honolulu’s building code needs window safety provisions. Several local and national injury prevention groups think it does.

Honolulu attorney Wayne Parsons has collaborated for two years with local architect Jim Reinhardt to get window fall protection devices included in the building code. The Keiki Injury Prevention Coalition and the Western Pacific Pediatric Injury Prevention Network, along with the state Department of Health, are exploring interventions.

Also lending expertise is Jim Graham, director of the National Association for Child Window Safety and the architect of Laela’s Law, a window safety measure that originated in Minnesota.

“The codes are not well thought out in this area,” said Parsons. “Window falls happen all the time. Children die or nearly die and it’s devastating. Compliance with building codes does not mean you aren’t liable for something. They are minimum standards that have various purposes.”

That’s why Blackburn, who has inspected thousands of homes during his decade-plus tenure, shared his concerns about the Ritz-Carlton windows with city officials and others connected to the project. Since the condominium hotel is under construction, he contends, there is still time to make a difference.

Ultimately, he said, he was disappointed by the city’s response and in the lack of response from Guerin Glass Architects and the Ritz-Carlton’s on-site construction office.

George Atta, director of the city Department of Planning and Permitting, said the window manufacturer determined that the windows were installed correctly. Atta said city inspectors found the Ritz-Carlton windows met the building code, which doesn’t require separate safety measures for high-rises.

“Because the design meets code, we cannot take action to force them to make a change in the design,” he said.

Atta said a city inspection found the Ritz-Carlton window complied with code because it had a 3-inch-high “lip” from the floor to the bottom of the awning. The gap also measured less than 4 inches, he said.

“There would have to be a change to the National Building Code or the local building code to make this design non-code compliant,” Atta said.

Irongate officials declined to be interviewed by the Honolulu Star-Advertiser, but in a written statement the company questioned Blackburn’s findings.

“The photo that was sent does not represent a small exterior window ledge,” said Irongate officials, who declined a Star-Advertiser request to examine and photograph the windows.

Scott Glass of Guerin Glass Architects said, “All the windows have limiters built into them that keep the opening to less than 4 inches, which is code compliant.”

Irongate said Blackburn’s complaint is the only instance where such a concern has been raised about the window design. But the company added that “there is typically a process in place that mitigates and addresses owner concerns regarding their units and various elements.”

Urban planner and Waikiki Neighborhood Board member Jeff Merz said once the city has issued a building permit, it can’t require a developer to make changes. However, Merz said Ritz- Carlton buyers can ask Irongate to make improvements.

“If they don’t like it, they can say, ‘Seal it or redo that unit in my window,’” he said.

Blackburn said buyers should take heed. He maintains the bottom frame of the unscreened window would not stop a child or pet from falling. He also insists the window opening is greater than 4 inches and could expand under pressure. Regardless, he said safety concerns should trump code.

“While the code may allow this situation, the code is, in my opinion, absolutely irresponsible here,” he said. “It calls for immediate revision.”

His views are shared by Kit Beuret, owner of Oahu Home Inspection Service, who has inspected over 7,500 Oahu homes over the past 13 years.

“It’s hard to believe there’s nothing installed to prevent shoes, cellphones and babies from hurtling out this window. If I had a 1-year-old crawling around, I’d be more than a little concerned. Regardless of code requirements, I would think the hotel could see the liability,” said Beuret, who reviewed Blackburn’s photo. “I would suggest the hotel bolt the windows closed so that they could not accidentally be opened by a guest.”

Waikiki-based real estate consultant Stephany Sofos called the window an “attractive nuisance.”

“It’s human nature to open windows, especially when the weather is good like it is in Hawaii year-round,” said Sofos, who has extensive residential and commercial property management experience. “It’s also human nature to do dumb stuff. In my opinion this is dangerous. I have never seen a window like this.”

While the city has not tracked buildings with similar designs, Atta said he is unaware of problems.

The National Association for Child Window Safety’s Graham, who reviewed Blackburn’s photo, said children can fall out of windows that have passed inspection.

“I’ve given depositions for lawsuits where children had gone out of windows, and in my opinion they didn’t look as bad as this one,” he said. “In my opinion this is a fatal flaw designed into the building. More and more states are looking at issues like this because of all the children that go out of windows.”

Window safety is a significant nationwide concern, said Carrie Nie, director of Safe Communities America, which is part of the National Safety Council.

“We know that about eight children are dying each year from falling out of windows, and more than 3,300 are seriously injured,” Nie said, citing 2015 data from the National Safety Council and Safe Kids Worldwide. “We know falls in general are a leading cause of injury for kids under the age of 2.”

Daniel Galanis, an epidemiologist with the state Department of Health’s Emergency Medical Services and Injury Prevention System Branch, said children are the at-risk population for window safety in Hawaii. From 1991 through 2014, Galanis said, nine children statewide suffered fatal falls from windows, balconies or other structures. All of the children were on Oahu, and all were under the age of 5, he said.

An average of 37 Hawaii children under 5 years of age were injured annually from a fall out of a building or other structure, according to statewide hospital records from 2010 and 2015.

Graham said Hawaii is one of 18 states that hasn’t passed a version of Laela’s Law, which requires window protections. The former developer named the law after 2-year-old Laela Shaugobay, who survived a fall through a window screen in one of his four-story apartments in Minnesota.

Graham said he has been working on passing laws in other states because it takes responsible legislation to save a child.

“It’s been a tough battle. Someone may say there aren’t many children that go out of windows and die. But if it’s your child, it’s one too many.”

WINDOW FALL PREVENTION TIPS

>> When children are present, close and lock your windows.

>> Keep anything children can climb on away from windows.

>> Keep children who are playing away from windows, lanai doors and balconies.

>> Install code-compliant devices to limit how far a window can open or window guards with release mechanisms to help prevent a fall.

>> Never depend on insect screens to prevent falls, but consider installing safety screens capable of withstanding a 60-pound force.

Source: Star-Advertiser research