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Windows Guards local law 57 (pdf file)

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Description

Requirements for Local Law 57: Window Guard Installation

Introduction

Local Law 57 is a regulation enacted to ensure the safety of residents, particularly children, in multi-family buildings within certain jurisdictions. The law mandates property owners to install window guards on all windows, including those in first-floor bathrooms and other windows, to prevent accidents and injuries resulting from falls. This essay outlines the key requirements of Local Law 57, highlighting its significance, specific installation guidelines, and the responsibilities of property owners.

Background and Significance

Local Law 57 was introduced as a preventive measure to address the hazards posed by unguarded windows, especially in urban areas where multi-story buildings are common. Falls from windows have been a leading cause of injury and death among young children, making this regulation critical for enhancing residential safety. By mandating the installation of window guards, the law aims to reduce these incidents and provide a safer living environment for families.

Key Requirements of Local Law 57

  1. Scope of Application: Local Law 57 applies to all residential buildings with three or more dwelling units. This includes apartment complexes, tenements, and any other multi-family housing structures. The law is designed to protect children aged ten years or younger, who are most vulnerable to window falls.

  2. Window Guard Specifications: The window guards must meet specific standards set by the law. These standards ensure that the guards are robust and capable of preventing falls. The guards should:

    • Be constructed from durable materials, such as metal or another approved material.
    • Be designed to withstand a significant amount of pressure, ensuring they cannot be easily dislodged or broken.
    • Have a bar spacing of no more than four and a half inches to prevent children from slipping through.

  3. Installation Requirements: Property owners are responsible for the proper installation of window guards on all applicable windows. This includes:

    • All windows in apartments where children aged ten or younger reside.
    • Windows in common areas accessible to children, such as hallways, stairwells, and recreational rooms.
    • Windows in first-floor bathrooms and other locations where children may be present.
    • Ensuring that window guards are securely fastened and maintained in good working condition.

  4. Notification and Compliance: Property owners must notify tenants about the requirement to install window guards. This involves:

    • Providing written notice to new tenants at the start of their lease and annually thereafter.
    • Including a clause in the lease agreement informing tenants of their right to request window guards.
    • Promptly responding to tenant requests for the installation of window guards.

  5. Inspection and Maintenance: Regular inspection and maintenance of window guards are crucial to ensure their effectiveness. Property owners must:

    • Conduct periodic checks to ensure window guards are intact and properly secured.
    • Repair or replace any damaged or missing window guards promptly.
    • Keep records of inspections and maintenance activities as proof of compliance.

Conclusion

Local Law 57 is a vital regulation that enhances the safety of residential buildings by mandating the installation of approved window guards. Property owners play a crucial role in implementing this law, ensuring that all windows, including those in first-floor bathrooms, are equipped with sturdy and properly installed window guards. By adhering to the requirements of Local Law 57, property owners contribute to creating a safer living environment and protecting the well-being of children. Compliance with this law not only fulfills a legal obligation but also demonstrates a commitment to the safety and security of residents.

 

§ 27-2043.1 Window guards.
 
   a.   An owner of a multiple dwelling and an owner of a dwelling unit in a multiple dwelling owned as a condominium shall provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, on each window of each dwelling unit in which a child ten years of age or under resides, and on the windows, if any, in the public areas of a multiple dwelling in which such a child resides.
 
   b.   Subdivision a of this section shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.
 
   c.   No tenant or occupant of a dwelling unit, or other person, shall obstruct or interfere with the installation or maintenance of a window guard as required by subdivision a of this section nor shall any person remove such window guard.
 
   d.   No owner of a multiple dwelling and no owner of a dwelling unit in a multiple dwelling owned as a condominium shall refuse a written request of a tenant or occupant of a dwelling unit to provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, regardless of whether such provision, installation and maintenance is required pursuant to subdivision a of this section, except that this subdivision shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.
 
   e.   Any owner required to provide, install and maintain a window guard pursuant to subdivision a or d of this section who fails to provide, install or maintain a window guard shall be liable for a class C immediately hazardous violation. Notwithstanding any other provision of law to the contrary, the time within which to correct such violation shall be twenty-one days after service of the notice of violation.
 
   f.   Notwithstanding any other provision of law to the contrary, the department shall be the sole agency of the city authorized to seek a monetary penalty from an owner who is required to provide, install and maintain a window guard for failure to provide, install or maintain such window guard. Nothing in this section shall limit the authority of the department of health and mental hygiene to investigate a fall from any window or to issue an order to correct any condition that such department determines contributed to such fall.
 
 

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