[Ord. 6 S+FF, 11-16-1987; Ord. 6 S+FR, 12-22-1987 § 1; Ord. 6 S+FN, 4-5-2000 § 1; amended 8-2-2023 by Ord. No. 6PSF-J,
08-02-2023]
a. Responsibility of Owners. The owner of any rented dwelling unit shall
be required to provide, install, and maintain approved child-protection
window guards on each window in every apartment, dwelling and dwelling
unit, and in the common spaces including public hallways of the rented
dwelling where a child ten (10) years of age or younger resides. The
owner of any rented dwelling or dwelling unit shall ascertain whether
a child or children reside therein, in accordance with this Article.
b. Optional Window Guard Installation at Tenant Request. The owner of
any rented dwelling or dwelling unit shall provide, install, and maintain
approved child-protection window guards on each window in every apartment,
dwelling and dwelling unit, and in the common spaces including public
hallways of the rented dwelling upon receipt of a written request
of the tenant for window guards. The tenant is not required to provide
a reason for said request.
c. Exclusion.
This requirement shall not require the owner to install the
window guards on fire escapes, patios, and other areas where a person
may exit without falling more than six (6) feet, unless a hazardous
condition at that location would necessitate the installation of a
window guard. Air conditioner window units are acceptable alternatives
to window guards if they are properly secured in accordance with the
manufacturer's instructions for installation and do not have an opening
greater than four inches on either side of the window unit.
d. Definitions.
As used in this Article:
CITY
Shall mean the City of Newark.
COMMISSIONER
Shall mean the City of Newark, Director of the Department
of Engineering.
COMMON AREA
Shall mean any and all areas to which tenants have access
in a dwelling, including but not limited to public hallways and multi-purpose
rooms.
DEPARTMENT
Shall mean the City of Newark Department of engineering.
DWELLING
Shall mean the building or structure rented or offered for
rent, in whole or in part, to one or more tenants.
DWELLING UNIT
Shall mean any room or rooms, or suite or apartment thereof,
whether furnished or unfurnished, which is occupied, or intended,
arranged or designed to be occupied, for sleeping or dwelling purposes
by one or more persons, including but not limited to the owner thereof,
or any of the person's or persons' servants, agents or employees,
and shall include all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or occupancy
thereof.
INSTALLATION OF WINDOW GUARD
Shall mean proper installation of window guards in accordance
with the standards set forth at 18:3-1.66a below and maintenance of
window guards in a manner approved by the Department.
OWNER
Shall mean owner, agent, or other person who manages or controls
any rented building, dwelling or dwelling unit.
RESIDE
Shall mean reside, will reside, or are regularly present
for a substantial period of time in the dwelling or dwelling unit.
TENANT
Shall mean lessee or other occupant, who is 18 years of age
or older, residing within a dwelling or dwelling unit, regardless
of whether said occupant is a party to a lease agreement.
WINDOW GUARD
Shall mean a child-protection window guard that meets the
specifications set forth in this Article.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a. General Installation Requirements.
1. Window guards shall be installed in accordance with all applicable
requirements of the State Uniform Construction Code, N.J.A.C. 5:23,
and with manufacturer's instructions.
2. Any window guard installed on an emergency egress window shall be
releasable or removable from the inside without use of a key, tool,
or excessive force. An emergency egress window is any window in a
sleeping room located on the second or third floor, other than a window
providing access to a fire escape.
3. Any window guard installed on a window that is not an emergency egress
window, including any window in a unit located above the third floor
and any window in a room on the second or third floor that is not
a sleeping room, shall be designed, constructed and installed so that
it cannot deliberately or through accident, ignorance or inadvertence,
be removed, opened or dislodged without the use of a key or tool.
b. Specifications for Window Guards.
1. Window guards shall be so constructed as to reject the passage of
a solid four (4) inch sphere at every space and interval.
2. Window guards shall bear a one hundred fifty (150) pound load at
a center span when extended to maximum width.
3. Window guards shall be constructed of metal or of other material
of comparable strength and durability. In order to avoid obstruction
of light and air, the diameter or width of metal rods used in window
guards shall not exceed one-half (1/2) inch.
4. Window guards shall be designed, constructed and installed so as
to serve their intended protective purpose without any risk of collapse,
breakage, spreading of the bars or other malfunction.
5. In a room, window guards shall be of at least a height sufficient
to allow a total openable window area, for all windows in the room,
of not less than four (4%) percent of the floor area of the room.
In a public hallway, window guards shall protect the full openable
area of each window.
6. Window guards shall be securely fastened in order to bear the required
load.
7. All window guards shall be so designed and installed as to prevent
the lower window from being raised four (4) inches or more above the
lowest section of the top horizontal bar of the window guard. Where
necessary, rigid metal stops shall be installed securely in the upper
tracks of each side of the bottom window.
8. Screws used to mount window guards and stopping devices should be:
(a)
Minimum Size No. 10 and long enough to penetrate one (1) inch
into a wooden window frame; or
(b)
Of an adequate type, size, and length to be securely fastened
to a metal window frame.
9. The coating of window guards shall be unleaded.
10.
Window guards shall be installed only in sound (non-rotting)
mountings or tracks.
11.
Window guards installed prior to the passage of this section
shall be accepted as being in conformity with the specifications contained
in this paragraph b above, if they were installed in accordance with
paragraph a above.
c. Additional Specifications for Window Guards Other than Double Hung
Windows.
1. Window guards intended for casements, sliders and other types or
combinations of windows in which the height of the openings is not
subject to limitation, shall be of such size as to fill the entire
aperture, and shall reject passage of a solid four (4) inch sphere
at every space or interval.
2. Except as otherwise provided in paragraph 3 below, sliding windows
and vertical pivoting windows may be equipped with stopping devices
in place of window guards as follows:
(a)
For sliding windows, solid metal blocks, measuring at least
one-half (1/2) the depth of the window track and one-half (1/2) the
width, shall be securely fastened into the bottom and upper window
tracks to prevent the window from opening four (4) inches or more.
(b)
For vertical pivoting windows, metal stopping devices shall
be securely fastened to the upper and lower window frames so as to
prevent the window from pivoting open four (4) inches or more.
The height of the stopping devices shall extend not less than
one (1) inch nor more than two (2) inches beyond the window frame
as needed to stop the window. The protruding edge of the stopping
device shall be smooth and rounded.
3. Use of such stopping devices in lieu of window guards shall be allowed
within dwelling units only where they do not preclude meeting the
requirement, as per N.J.A.C. 5:10-16.2, that the total openable window
and/or openable skylight area in each room be equal to at least four
(4%) percent of the floor area of the room.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a. Lease Notice.
1. All leases offered to tenants shall contain a notice, conspicuously
set forth therein in prominent boldface type, as a Rider to the lease,
advising tenants and prospective tenants of the owner's duty to install
window guards in the dwelling or dwelling unit and common areas if
any child or children reside(s) in the dwelling or dwelling unit.
Said Rider also shall notify tenants and prospective tenants of their
right to request, in writing, the installation of window guards for
any reason.
2. At the time of lease signing, the owner shall verbally inform the
tenant of the owner's duty to install window guards in the dwelling
or dwelling unit and common areas if any child or children reside(s)
in the dwelling or dwelling unit, and shall inform the tenant of his/her
the right to request, in writing, the installation of window guards
for any reason.
3. Verification that this verbal notice was provided and understood
shall be set forth in the Rider, which shall acknowledge that the
tenant was made aware of the owner's duty to install window guards
if any child or children reside(s) in the dwelling or dwelling unit
and the tenant's right to request, in writing, the installation of
window guards for any reason.
4. Said Rider shall request and list the age(s) and dates of birth for
any and all child or children who reside(s) in the dwelling or dwelling
unit and shall be signed and dated by both the tenant and the owner
separately from the lease.
5. The form and content of said Rider shall be specified in Appendix
A hereto and shall be available to tenants in English, Spanish, Portuguese
and Creole.
Editor's Note: Appendix A may be found in the City offices.
b. Twice-Annual Notice.
1. The owner shall cause to be delivered to each dwelling unit, twice
annually, a notice, advising tenants of the obligation of said owner
to install window guards in accordance with this Article. The first
such notice shall be delivered between January 1 and January 30 and
the second such notice shall be delivered between July 1 and July
31 each year.
2. The form and content of said Annual Notice shall be specified in
Appendix B hereto and shall be available to tenants in English, Spanish,
Portuguese and Creole.
Editor's Note: Appendix B may be found in the City offices.
3. The Annual Notice shall clearly state that a tenant's failure to
respond shall result in an inspection by the owner at a mutually agreeable
time.
4. The owner shall deliver the annual notice either by first class mail
addressed to the tenant at the dwelling or dwelling unit address with
a certified return receipt; or by hand delivery to the tenant at the
dwelling or dwelling unit with a return receipt signed by the tenant
acknowledging delivery.
5. The owner shall cause to be conspicuously posted and prominently
displayed in the common areas of the dwelling a notice advising tenants
of the obligation of the owner to install window guards in accordance
with this Article and advising tenants to check their window guards
on a regular basis and to report any problems or concerns to the owner.
6. If, after thirty (30) days from the date the Annual Notice was delivered,
the owner has fully complied with this Article and does not have a
written response to the annual notice that is signed by the tenant
or otherwise have actual knowledge that a child or children reside
in the dwelling or dwelling unit, then the owner shall, at a time
that is mutually agreeable for the owner and tenant, inspect the dwelling
or dwelling unit to ascertain whether a child or children reside therein.
7. If, after sixty (60) days from the date the Annual Notice was delivered,
the owner has fully complied with this Article and has no actual knowledge
if a child or children reside in the dwelling or dwelling unit, then
the owner shall inform the Department, in writing, 920 Broad Street,
Newark New Jersey 07102, of his/her attempts to comply with this Article.
c. Variation in Form of Notices Prohibited.
1. The wording and form of notices specified in this regulation shall
not be altered or varied in any manner, except as permitted by the
Commissioner.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a. Upon installation of a window guard in a dwelling or dwelling unit,
and annually thereafter, the owner shall provide the tenant with an
orientation concerning the safe use and manipulation of window guards
in accordance with guidelines established by the Commissioner of Community
Affairs pursuant to section 5 of P.L. 1995 c. 120 (C.55:13A-7.16).
b. Upon installation of a window guard in the common area(s) of a multiple
dwelling, and annually thereafter, the owner shall provide the tenants
with an orientation concerning the safe use and manipulation of window
guards in accordance with guidelines established by the Commissioner
of Community Affairs pursuant to section 5 of P.L. 1995 c. 120 (C.55:13A-7.16).
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a. At least twice annually, the owner shall inspect each window guard
under their control to ensure that it remains sound and in conformance
with the provisions of P.L. 1995 c. 120 (C.55:13A-7.12 et seq.).
b. The owner shall enter a record of such inspection in a log, which
shall be maintained as a permanent record so long as the window guard
remains installed, and for five years thereafter, and which shall
be available upon request to the Department or other authorized representative.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
The owner shall not advise or otherwise communicate to the tenant
that the installation of window guards is optional where a child or
children reside in the dwelling or dwelling unit, or, that the installation
of window guards is, in any manner, dependent upon payment by the
tenant.
b.
The owner shall not impose any conditions, such as fees, or
any deterrent in relation to the installation of window guards.
c.
The owner is financially responsible for the cost, installation,
maintenance and repair of window guards in dwellings, dwelling units
and all common areas, and window guards shall remain the property
of the owner.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
The tenant shall not refuse or otherwise unreasonably fail to
provide accurate and truthful information regarding the residency
of children in the dwelling or dwelling unit.
b.
No tenant of a dwelling or dwelling unit shall obstruct or interfere
with the installation, annual inspection, or maintenance of window
guards nor shall any person remove or otherwise render ineffective
such window guards; provided, however, that the owner may remove window
guards from an unoccupied unit or, with the consent of the tenant,
from a unit in which no child or children reside.
c.
If the owner is denied access to a dwelling or dwelling unit
for the purpose of installing, annually inspecting, or maintaining
window guards in accordance with this Article, the owner shall inform
the Department of the same, in writing, including a description of
the owner's attempts to gain access and the circumstances of the denial
thereof, at 920 Broad Street, Newark, New Jersey 07102.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
All requests for window guard variances must be submitted in
writing for review to the Department at 920 Broad Street, Newark,
New Jersey 07102.
b.
Requests for variances will be considered only if submitted
by the owner or tenant.
c.
Requests for variances will be considered when the installation
of a window guard proves to be impossible for structural reasons.
d.
A request for variance shall be submitted in writing to the
Department and shall include:
1.
Name, address, and phone number of applicant.
2.
Address of dwelling(s) or dwelling unit(s) for which the variance
is being requested and the type and number of windows involved.
3.
Reason(s) for the request.
4.
Description of condition or conditions warranting the request,
including photos and/or mechanical drawings of the windows in question
depicting the particular structural idiosyncrasy or aberration making
the request necessary.
5.
The alternative device presented for consideration must meet
the same criteria and standards of safety as the prescribed window
guards.
e.
All variances shall be granted on a time-limited basis as determined
by the Department of Engineering and shall be subject to review, renewal
or retraction at the expiration of the prescribed period or earlier
should an abuse of the procedural requirements be identified.
f.
When the strict application of a provision of this section presents
practical difficulties or unusual hardships to the owner, the Commissioner,
in a specific instance, may modify the application of such provision
consistent with the general purpose of this regulation and upon such
condition as, in the Commissioner's opinion, is necessary to protect
life and health.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
The owner must notify the tenant or potential tenant, prior to the signing of the lease, that the owner is in possession of a variance as set forth at subsection
18:3-1.69.3.
b.
In the event an owner applies and is granted a variance that
permits the non-installation of a window guard during a tenancy, the
tenant may terminate the lease agreement without penalty or cost to
the tenant.
c.
A tenant must provide the owner with at least one-month's notice
prior to termination of the lease.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
The owner is required to maintain a log in accordance with this
Article that includes:
1.
The signed lease notice for each tenant as required by subsection
18.3-1.67a.
2.
A record of all Twice Annual Notices in accordance with subsection
18.3-1.67b.
3.
A record of all Orientations in accordance with subsection 18.3-1.68.
4.
A record of all inspections and/or inspection attempts as required by subsection
18:3-1.69.
5.
A copy of all Optional Installation requests made in accordance with subsection
18:3-1.69.1.
b.
The owner shall maintain the window guard log as a permanent
record so long as the window guard remains installed, and for five
years thereafter, and which shall be available upon request to the
Department.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
No owner shall be permitted to initiate eviction proceedings
against a tenant where the eviction grounds result from the tenant's
attempts to enforce this Article, or following complaints issued against
the owner under this Article. Should the owner initiate an eviction
proceeding against the tenant, such action shall be presumed retaliatory
conduct by the owner.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
The tenant or owner may file a complaint with the Commissioner
for failure to comply with the provisions of this Article. The Commissioner
shall investigate complaints within a reasonable time period. The
Commissioner must notify both parties of its findings within ten (10)
business days after inspection.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
Failure to install or maintain window guards pursuant to this
Article is hereby declared to constitute a nuisance and a condition
dangerous to life and health.
Every person obligated to comply with the provisions of this
Article is hereby ordered to abate said nuisance and condition by
installing and maintaining the required window guards forthwith.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
Penalty. Any person found guilty before the Municipal Court
of the City of Newark for violating provisions of this Article shall
be subject to a fine not to exceed one thousand ($1,000.00) dollars,
or to imprisonment for a term not to exceed ninety (90) days, or both.
[Added 8-2-2023 by Ord.
No. 6PSF-J, 08-02-2023]
a.
For the purpose of enforcement of this Code, an Officer of the
Office of Inspections and Enforcement, by visual inspection, shall
service a notice on an Owner or Tenant that constitute a violation
of non-compliance with this Article.