I'm not sure if you're being lax in your terminology or whether you are misinterpreting my point.
The problem is not that every window needs to open, it's that some windows need to open. In the building codes I've seen in the past for residential homes, that was expressed as a percentage of square feet of the room or entire building.
So, are you saying there are plenty of tall condos where no windows in a specific dwelling open, or that they have some windows that don't open? If they have no windows that don't open, do you mind mentioning where, as I'd be interested in what the solution was to the problem of needing to allow for passive ventilation.
Thanks, that's fairly clear and concise, at least for the locations you noted.
It does appear to be that in New York it might be required though[1], so it's possibly still a problem depending on area. I'm not going to act like I'm an expert on reading building codes or that one in general though, so I could be misinterpreting it. SF had what clearly seemed like a mechanical ventilation exception in it when I just looked, but SF and Manhattan are the only things I looked up to compare to see if I could find whether it seemed fairly universally allowed or not.