[Added 2-26-2007 by L.L. No. 2-2007]
When used in this article, the following words or terms shall have the
following meaning:
Any person 10 years of age or younger.
The Building Department of the Incorporated Village of Freeport.
Proper installation and maintenance of window guards in a manner
approved by the Department.
Owner, lessee, agent or other person who manages or controls a multiple
dwelling or dwelling unit.
The Superintendent of Buildings for the Incorporated Village of Freeport.
Lessee or other occupant regularly residing within a dwelling unit,
regardless of whether said occupant is a party to a lease agreement.
A.
Each year the landlord shall deliver to each dwelling
unit a notice, in English and Spanish, no earlier than June 1 and no later
than July 1, and within 30 days of any change in occupancy, by certified mail,
or by enclosure with the rent bill, in substantially the following form:[1]
[1]
Editor's Note: Said notices are included at the end of this chapter.
B.
If by August 1 of the year for which the notice was sent
a landlord does not have a written communication signed by the tenant, and
does not otherwise have actual knowledge of the need or desire for window
guards, then the landlord or his agent shall at reasonable times inspect the
dwelling unit to ascertain whether a child 10 years of age or younger resides
in the dwelling and, if so, whether approved window guards are properly installed
and maintained.
C.
Every landlord shall notify, no later than September
1 each year, commencing September 1, 2007, the Superintendent of Buildings
of the Incorporated Village of Freeport, in writing, of all dwelling units
which have been verified by him as requiring window guards and of those units
which have not responded to his census inquiry and/or where access has been
denied.
D.
The Superintendent of Buildings shall notify the Freeport
Fire Department of all such dwelling units where window guards have been installed,
no later than November 1 of each year beginning in 2007.
A.
No communication from a landlord to a tenant shall indicate
that the installation of window guards is optional or in any manner dependent
upon payments by the tenant.
B.
Landlords shall not impose any type of precondition,
such as fees, or any other psychological deterrent, preliminary or subsequent
to the installation of window guards.
A.
No tenant in a dwelling unit shall refuse or unreasonably
fail to provide accurate and truthful information regarding the residency
of children therein, or refuse, prevent or obstruct any inspection required
by this article.
B.
A landlord who has been denied access to a dwelling unit
for the purpose of installing or inspecting window guards required by the
Code of the Incorporated Village of Freeport shall notify in writing to the
Superintendent of Buildings, 46 North Ocean Avenue, Freeport, New York, 11520.
Said statement shall specify the landlord's efforts to gain access and
the circumstances of the denial thereof.
C.
Tenants or occupants shall respond to mandated inquiries
by the landlord as to their window guard needs or desires. Tenants or occupants
must also provide access and permit installation of guards and stops, where
required.
Window guards may not be installed selectively. They shall be installed
in all windows, except fire escape access windows and a secondary egress window,
on all windows above grade.
The following specifications apply to window guards for double-hung
windows.
A.
Guards shall be constructed of rigid metal, free of sharp
projections, edges or rough surfaces.
B.
Guards shall be so constructed as to reject the passage
of a solid five-inch sphere at every space and interval.
C.
Guards shall bear a load of 150 pounds at center-span
when extended to maximum width. A test with the guard attached in accordance
with the manufacturer's instructions for installation must be performed,
and the results, including information as to temporary or permanent distortion,
certified by a professional engineer or independent testing laboratory.
D.
Specific guard guidelines.
(1)
On guards utilizing nontelescoping bars, there shall
be a permanent spot weld on at least two of the horizontal bars so as to provide
a minimum of two inches' overlap when the guard is fully extended.
(2)
On telescoping bars, when the guard is extended to the
maximum allowable width, there shall be a minimum overlap of five inches or
1/3 of the length of the bar, whichever is greater.
(3)
A permanent label shall be affixed on at least one horizontal
bar, on each facing surface. Said label shall read: WARNING! EXTENSION OF
THIS GUARD BEYOND ___ INCHES IS DANGEROUS AND ILLEGAL. [NOTE: Insert the number
of inches appropriate to the particular model in the space].
(4)
On telescoping guards, there shall be an additional stile
or other approved support(s), at the telescopic opening of the outer tubing
of the bars, that shall prevent any spreading of the bars.
E.
Guards shall be a minimum of 15 inches high measured
along the vertical stiles.
F.
The channel stiles shall each have at least two holes
for permanent window mounting. If guards are more than 15 inches in height,
additional mounting holes are required to provide a maximum interval of 18
inches between mounting holes.
G.
Stops.
(1)
Rigid metal L-shaped stops, to be a minimum of 1/2 the
width of the window track and each leg of which shall measure at least two
inches, shall be installed securely with two screws in the upper tracks of
each side of the bottom window to prevent the lower window from being raised
more than 4 1/2 inches above the lowest section of the top horizontal bar
of the window guard.
(2)
Where L-shaped stops cannot be placed in the window track
without interfering with the normal operation of the window, a rigid metal
strip may be securely fastened across the track of the bottom window to prevent
the lower window from being raised more than 4 1/2 inches above the lowest
section of the top horizontal bar of the window guard. Strips shall be mounted
on each of the windows and shall be secured by two screws on each side of
the window track. [Note: The use of the term "securely fastened" or "securely
mounted" refers to the use of the prescribed number, type and size of screws
in the specified positions or locations.]
(3)
In situations where the stops described in Subsection G(1) and (2) above cannot be used, such as in ballast windows, rigid metal L-shaped stops may be securely fastened to the frame of the window to prevent the lower window from being raised more than 4'/z inches above the lowest section of the top horizontal bar of the window guards. A stop shall be securely mounted on each side of the exterior lower window frame and shall be secured by two approved screws in each stop.
(5)
Stops are not required where approved window guards are
installed that are of sufficient height to prevent an opening of more than
4 1/2 inches above the lowest section of the top horizontal bar of the
window guard when the lower window is raised to its maximum open position.
H.
Screws. Screws used to mount window guards and stopping
devices shall be one-way sheet metal screws or metal tamper-resistant screws.
Tamper-resistant screws are defined as screws requiring special tools for
their installation and/or removal, which tools are not readily available in
retail hardware stores. All tamper-resistant screws must be countersunk flush
with the stile or stopping device.
I.
The coating of guards shall be unleaded. A statement
from the paint manufacturer attesting to this fact must accompany application
for window guard approval.
J.
Coded manufacturer's identification symbol (guard
model) and fabrication date symbols (month and year) shall be imprinted indelibly
(die-stamped) on one end of the stiles, so located as to be readily visible
when viewed from within the room where the guard has been installed.
K.
Each guard sold by a manufacturer shall be sold with
a self-contained envelope or plastic bag containing:
(1)
Approved installation instructions;
(2)
L-shaped or other approved stops; and
(3)
Specified screws for installation of guard and stops.
If wood screws are supplied by the manufacturer, a warning label should be
included stating that for metal installations, screws of the appropriate type,
size and length must be substituted. This warning shall be imprinted on the
packaging container.
L.
Instructions for safe installation shall be provided
with each guard by manufacturer.
(1)
Instructions shall specify maximum window width for which
the guard is intended and shall contain the following prominently printed
wording: WARNING: USE OF THIS GUARD BEYOND SPECIFIED MAXIMUM WIDTH IS DANGEROUS
AND ILLEGAL.
(2)
Instructions shall prominently warn that guards and stops
must be installed only in sound (nonrotting) window tracks.
(3)
Instructions shall prominently specify: WINDOW GUARDS
MAY NOT BE INSTALLED IN WINDOWS PROVIDING ACCESS TO FIRE ESCAPES.
(4)
Instructions shall specify that guards be installed so
that the bottom horizontal members are mounted a maximum of 4 1/2 inches
above the window sill.
(5)
Instructions shall specify the use of the supplied L-shaped
stops to be installed with screws provided, or alternative approved stopping
devices also provided with prescribed screws, to limit the opening above the
lowest section of the top horizontal bar to 4 1/2 inches when the bottom
sash is raised.
A.
Applications for approval of window guards for use in
other than double-hung windows shall specify the window type(s) for which
the guard submitted is intended. Mounting materials and instructions for installation
for each specific type of window must be included with the application and
must be provided to the consumer with the guards.
B.
Guards shall be constructed so as to reject the passage
of a solid five-inch sphere at every space and interval.
C.
Guards intended for casements, sliders and other types
or combinations of windows in which the height of the openings are not subject
to limitation, must be of such size as to fill the entire aperture and must
reject passage of a solid five-inch sphere at every space and interval.
(1)
When approved limiting devices are utilized in lieu of
window guards, the size of any unguarded opening may not exceed 4 1/2
inches so as to reject passage of a solid five-inch sphere at every space
or interval.
(2)
On guards utilizing nontelescoping bars, there shall
be a permanent spot weld on at least two of the horizontal bars so as to provide
a minimum of two inches' overlap when the guard is fully extended.
(3)
On telescoping bars, when the guard is extended to the
maximum allowable width, there shall be a minimum overlap of five inches or
1/3 of the length of the bar, whichever is greater.
(4)
A permanent label shall be affixed on at least one horizontal
bar on each facing surface. Said label shall read: WARNING! EXTENSION OF THIS
GUARD BEYOND ___ INCHES IS DANGEROUS AND ILLEGAL. (Insert the number of inches
appropriate to the particular model in this space.)
(5)
On telescoping guards, there shall be an additional stile
or other approved support(s) at the telescoping opening of the outer tubing
of the bars that shall prevent any spreading of the bars.
D.
Guards shall bear a load of 150 pounds at centerspan
when extended to maximum width. A test with guards attached in accordance
with the manufacturer's instructions for installation must be performed
and results certified by a professional engineer or independent testing laboratory.
The information shall include any finding of a temporary or permanent distortion.
E.
Each channel stile shall have at least two mounting holes.
If the guard is more than 15 inches high, additional mounting holes are required
to provide a maximum of 18 inches between mounting holes.
F.
Coating of guards shall be unleaded. A statement from
the paint manufacturer attesting to this fact must accompany the application
for window guard approval.
G.
Coded manufacturer's identification symbol (guard
model) and fabrication date symbols (month and year) shall be imprinted on
one of the end stiles so located as to be readily visible when viewed from
within the room where the guard has been installed.
H.
Sliding windows and vertical pivoting windows may use
stopping devices in lieu of window guards as follows:
(1)
Sliding windows. A solid metal block, measuring at least
1/2 the depth of the window track and 1/2 the width, shall be securely fastened
by two screws into the bottom window track, and a solid metal block or an
L-shaped metal stop shall be securely fastened by two screws into the upper
window track, to prevent the window from opening more than 4 1/2 inches.
(2)
Vertical pivoting windows. Metal stopping devices shall
be securely fastened to the upper and lower window frames by two screws so
as to prevent the window from pivoting open more than 4 1/2 inches. The
height of the stopping devices shall extend no less than one inch nor more
than two inches beyond the window frame as needed to stop the window. The
protruding edge of the stopping device shall be smooth and rounded.
I.
For types of non-double-hung windows, other than those described in Subsection H and in special situations where the stops described herein cannot be used, application may be made to the Superintendent of Buildings for approval of an alternative stopping device.
J.
Screws used to mount window guards and stopping devices
shall be one-way metal screws or metal tamper-resistant screws. Tamper-resistant
screws are defined as screws requiring special tools for their installation
and/or removal, which tools are not readily available in retail hardware stores.
All tamper-resistant screws shall be countersunk flush with the stile or stopping
device.
K.
Each guard sold shall be sold with a self-contained envelope
or plastic bag containing:
(1)
Approved installation instructions;
(2)
Approved stopping devices; and
(3)
Specified screws needed for installation of the window
guard and/or stopping devices. If wood screws are supplied by a manufacturer,
a warning label or message imprinted on the packaging container shall warn
that for metal installations, screws of the appropriate types, size and length
must be substituted. This warning shall be imprinted on the packaging container.
L.
Instructions for safe installation of window guards shall
be provided by the manufacturer for each specific type of window for which
they are intended.
(1)
Instructions shall specify that window guards may not
be installed on windows providing access to fire escapes.
(2)
Instructions shall specify maximum window width and height
for which the guard is intended and shall contain the following prominently
printed wording: WARNING: USE OF THIS GUARD BEYOND SPECIFIED MAXIMUM WIDTH
IS DANGEROUS AND ILLEGAL!
(3)
Instructions shall prominently warn that guards must
be installed only in sound (nonrotting) mountings or tracks.
A.
It shall be a violation of this article for any tenant
or occupant to refuse or unreasonably deny the landlord access to the dwelling
unit for purposes of installing or inspecting any required window guards,
provided that the landlord supplies reasonable documentation of his efforts
to install, inspect or maintain said window guards.
B.
Any tenant or occupant shall be responsible to ensure
that any window guard shall not be tampered with, modified or removed once
it has been installed and shall notify the landlord in writing if same has
been tampered with, modified or removed, and said landlord shall correct said
condition within five days of receipt of said notice.
This article shall apply to all apartment buildings, townhouses, condominiums,
cooperative buildings and all dwellings containing more than one family and
non-owner-occupied single-family homes.
A.
Any violation of this article shall be deemed to be a
violation as defined under the Penal Law of the State of New York and shall
be punishable by a fine of not more than $1,000 or by imprisonment for not
more than 15 days, or both such fine and imprisonment, said penalties to be
in addition to suspension or revocation of any permit issued under the provisions
of this article.
B.
In the event of any failure to comply with this article,
each and every day such violation continues shall constitute a separate offense,
and the penalties prescribed herein shall be applicable to each separate offense,
except that no further penalties shall be imposed for the period during which
any appeal from a conviction of such offenses is pending.
In the event that any part or portion of this article shall be adjudged
or determined to be invalid for any reason, such adjudication or determination
shall not affect the validity of any other part or portion of this article.
In the event that any provision of this article shall conflict or be inconsistent
with any other provision of law, the more restrictive such provision shall
be deemed to prevail to the extent inconsistent.
