Window Falls Prevention Program

General Information on Window Guards

Approved window guards are required to be provided, installed, and maintained by the owners managers, or agents of multiple dwellings (three apartments or more), in apartment and public hallway windows where children (10) ten years or younger reside. Exceptions are:

• • windows providing access to fire escapes, or
• • a secondary egress window in a first floor apartment where there are fire escapes on the upper floors.

It shall be the duty of each person who manages or controls a multiple dwelling to ascertain whether a child in the protected age category resides therein, and to comply with the requirements of the law accordingly.

Approved Window Guards

1. Approved window guards are a minimum of 15 inches tall with horizonal bars spaced so that they reject the passage of a 5 inch sphere
2. The Manufacturer's approval number must be imprinted on a vertical stile of the guard. For example: HDWG # 03-77-15. The number must be listed on the Approved List of Manufacturers and Model Numbers, distributed by the Department.
3. Guards must be appropriate for the type of window in which they are installed: double hung, casement, slider, etc. When the installation of an approved Health Department window guard is infeasible for structural reasons, a request for a variance must be submitted in writing for review by the Window Guard Policy and Acceptance Board.
4. A landlord or manager must produce a supporting letter from the Window Guard Policy and Acceptance Board if a variance is claimed as having been granted.

Selective Installation

Window Guards may not be installed selectively. They must be installed in all windows, including windows leading to a terrace or balcony and bathroom and first floor apartment windows.

Hallway Windows

Public hallway windows on all floors must be guarded even if only one family in the building has children.

Permanent Air Conditioner Installation

Permanently installed air conditioning units must not be removed to install a window guard. Permanent installation of air conditioners includes the following:

1. Air conditioner must be securely bolted to the window sill.
2. Air conditioner must have stopping devices installed to limit the elevation of the lower window sash to the height of the unit.
3. Air conditioner must have permanent structurally sound barriers installed when the air conditioner does not fill the entire width of the window. There cannot be any opening greater than 4 ½ inches.

Proper Installation

1. Firmly and securely fastened approved window guards must be screwed in sound, non-rotting window frames.
2. There may be no more than 4 ½ inches of open, unguarded space anywhere in the window aperture.
3. Where a 15'' window guard is used, stops must be installed in the tracks of the window so that the lower sash cannot be raised more than 4 ½ inches above the lower half of the horizontal bar of the guard. These stops must be two "L" shaped angle irons, installed in the tracks of the lower sash, one on each side, installed with one-way screws.
4. If guards taller than the minimal 15" are used no stops are necessary, provided there is no opened unguarded space greater than 4 ½ inches.
5. Prescribed one-way screws must be used for installation. These screws cannot be removed with any ordinary slotted head or Phillips head screw driver. If any other type of screw or nail is used, an improper installation should be assumed and reported. An exception is the TRI-WING screw approved for use in NYCHA buildings. In specific instances, variances are granted permitting the use of spanner head screws.

Pursuant to Health Code Section 131.15 revised 9/11/86

1. Tenant must advise landlords or management at once, in any written form or by the forms required to be distributed on a yearly basis by the landlord, Appendix B, that they have children in the designated age category and must have window guards provided, installed and maintained.

If tenants or residents want window guards for any reason, even though they have no resident children in the age covered group, they should request them and they may not be refused. For example: grandparents who have visiting children, parents who have temporary or intermittent custody of a child, or if child care is provided by the tenant.

2. Tenants or occupants must respond to mandated inquiries by their landlord as to their window guard needs or desires. IT IS A VIOLATION OF THE LAW TO FAIL TO DO THIS. Tenants or occupants must also provide access and permit installation of guards and stops, where required.
3. Landlords may not impose any type of pre-condition relative to pass-along-fees or any other psychological deterrent, preliminary to the installation of window guards.
4. The New York State Department of Housing and Community Renewal has established the following scale of a pass-along fee which may be imposed a month after the installation of window guards: a one time $10.00 per window guard maximum fee which may be pro-rated or amortized over a period of one year, two years, three years, in equal monthly payments according to the option elected by the tenant. If further information is needed regarding the charge of window guards, please call: 718-739-6400.

Tenants who receive public assistance, Sec 8 subsidies, are beneficiaries of SCRIE (Senor Citizen Rent Increase Exemptions), SSI (Supplemental Security Income) or State Payment under Section 209 of the Social Service Law, are not required to pay these pass-along fees out-of-pocket. They should get a bill from the landlord not to exceed $10.00 per guard and submit it to the subsidizing agency. In New York City Housing Authority buildings or in buildings owned by HPD, there are no pass-along fees.

Tenants may not refuse installation of window guards if they have a resident child 10 years of age or younger. There is no option to this requirement. Window Guards may not be removed or modified by the tenant after installation.

If window guards have not been installed, or if they appear to be improperly installed, are shaky, or have more than 4 ½ inches of open unguarded space, complaints should be made immediately to: (212) 676-2162.

If you receive a warning letter or a violation and need further assistance, call the Office of Field Operations / Inspections Window Falls Prevention Program at 212-676-1600.

For further information or to obtain a copy of the law which includes the specifications pertaining to window guard installation, or procedures for applying for a variance, please call Window Falls Prevention at: 212-676-2162.

For more information on Window Guards, call 311.