Hi all,
I apologize for the length of my post - I wanted the situation to be clear.
You can skip down to The Question at the bottom to avoid background info.

Brief History
I purchased a house expecting to re-drywall and re-floor, but ran into many, many additional problems along the way. (1940 Cape Code was purchase as-is. I knew it needed a lot of work, just not quite to this extent). I made the mistake of speaking to 'friends of friends' who are contractors/plumbers, etc. Every one told me to avoid the township at all costs and to try to do the work without any permits. I somewhat reluctantly went along with this suggestion because my biggest fear was that the township would not let ME do the work because I wasn't licensed or certified, etc. However, I immediately bought a copy of the IRC and planned on doing everything to code (whether I had a permit or not). Again, I didn't get permits because I was 'advised' not to and was afraid of the 'hassle', NOT because I planned on doing any work that was unsafe or didn't meet code. In addition, I DID plan on getting permits for plumbing, electrical, etc. once the "main" work was done. Well, that "main" work turned into A LOT of "main" work. Nearly all of the floor joists were rotten or cracked and had to be replaced, the main beam was replaced, and all interior walls were replaced... which leads me to the dilemma:

The Dilemma
Virtually the only decent thing in the house turned out to be the vinyl windows. There are 15 windows in the house and, with all the other work and EXPENSE, I made the decision to keep the windows that were there. However, under the existing vinyl siding there was a lot of rotten trimwork, sheathing, etc. I removed the old siding, took the windows out of the house (they were replacement windows, so I removed the older "original" window frames), fixed the framework and sheathing, remounted the SAME replacement windows back in the same spot, and resided the house.
Well, I eventually bit the bullet and went to the township to discuss the situation. The code inforcement folks were somewhat understanding, although a bit upset that I didn't do things with permits, etc. An inspector came to the house to discuss what I need to do to bring all documentation up to date as of today, and continue doing things "correctly" from here on. Among the relatively few things he pointed out was that the joist span across the kitchen ceiling is too large (I replaced the existing 17'9" span of 2x10's on 16" centers with the same). The spans are technically too great and he said I should sister all 12 of these joists. I'm willing to do this work even though it just adds to the still HUGE amount of work remaining.

The Question
When we went upstairs, the inspector said that the BR windows are not large enough to meet egress requirements and would need to be replaced with ones that do. While I agree that they technically are not large enough (they are approximately 4.3 sq.ft. vs. the 5.7 sq.ft. requirement), they are NOT new windows, and the wall is NOT new or relocated. Again, I repaired the wall damage around the openings and remounted the EXISTING windows. To be honest, I had no knowledge of egress requirements for bedrooms because I did not purchase new windows, I did not turn an area INTO a bedroom, and I did not create the openings for the windows. It just never occurred to me that merely repairing damage to an area would require this type of modification.

I have done additional reading and research regarding this issue and have come across the following section in the IRC Code Book under Appendix J: Existing Buildings and Structures (RENOVATIONS subsection):

AJ401.2 DOOR AND WINDOW DIMENSIONS
Minor reductions in the clear opening dimensions of replacement doors and windows that result from the use of different materials shall be allowed, whether or not they are permitted by this code.

Although it does not specifically state "egress" in that section (I don't know why 'clear opening' would matter in other circumstances), this section seems to indicate that I COULD have made the windows "minorly" smaller. Again, I have not changed the size, OR EVEN THE ACTUAL WINDOW, at all.

Does anyone have knowledge or experience with a similar situation? I know inspectors cannot be expected to know EVERY rule in the code book off the top of their head. Is this maybe an area where he's mistaken? That, since the windows were existing and neither the wall nor the windows are new, that the requirement does not apply? Aside from not wanting to do all of that work again (there are 3 bedrooms with 6 windows - although only 1 in ea. would need to be replaced), I am running very dangerously low on funds and still have VERY MUCH to do.

Any thoughts, comments, suggestions, or kleenex would be greatly appreciated. Thank you.

Brian

I have been a contractor for over twenty years. I have friends who are contractors from Alabama to New Hampshire. They all encounter the same treatment of window codes. It is strickly enforced. There is a good reason for that .
There is one way and one way only to relate to municipal building inspectors. Find out what they want and do it willingly. Do not try to second guess them.

Thank you for your response Nwptsailor.

I guess maybe part of my question is whether this truly IS the code. I understand that the code states the requirement, but I ALSO understand that the code states "existing structures" can have the clear openings reduced "WHETHER OR NOT THEY ARE PERMITTED BY THIS CODE." and that the Existing Structures Section is to "Encourage the continued use and reuse of legally existing buildings and structures." If I had not read the code and created NEW window openings that did not meet code, I would be looking at this situation completely differently (I'd be kicking myself for screwing up). But I didn't CHANGE the existing windows. If the inspector can inforce this type of change in an existing building, what OTHER things can he make me update that have not been changed? For example, can he demand that the entire structure be torn down and reconstructed using all of the current codes because I have chosen to repair some areas?

Reading again, I may have misunderstood your response. Do inspectors have to follow the CODE, or can they enforce anything they want (and thus cannot be "proven" wrong, even if the Code states otherwise)?

Thanks again for your response.

Brian, Dang, this is a real tough call. If the windows had not been removed, there would have been grandfathered justification looking the other way. Sometimes its worth calling in the inspector and having the wife serve up fresh coffee and those french donuts, and talk about the weather a bit and see if there is another solution that the inspector may have. You never know, sometimes a common ground can alter thinking through real people relaxing together. Heck, take the closets out and call those rooms offices. Good Luck

*** UPDATE ***
Thanks for your responses. Taking what you said (that I certainly wasn't CLEARLY in the right), I approached the enforcement officer and explained to him my problem - the amount of work still to be done and the sections of the code book that seemed to indicate that I could leave the windows since they were existing windows in existing bedrooms. He read the sections and politely explained that my township had not adopted Appendix J for Existing Buildings - UGH!

However, I didn't present my case in a way that said I thought he was wrong - I merely tried to leave it up to him to re-interpret the situation (the code book always seems to leave tons of room for enforcement leeway)... after some reading of the book, he was willing to allow the windows as-is since they were existing. (I'm sure if I had turned an area INTO a bedroom or ADDED windows that didn't meet egress, the answer would have been a firm no.)

Anyway, thanks again for the input. Hopefully others in a similar situation can be a bit heartened by my outcome!

Hey Brian , Way to go! Nm