When used in this article, the following words or terms shall have the
following meaning:
DEPARTMENT
The Building Department of the Incorporated Village of Freeport.
LANDLORD
Owner, lessee, agent or other person who manages or controls a multiple
dwelling or dwelling unit.
TENANT
Lessee or other occupant regularly residing within a dwelling unit,
regardless of whether said occupant is a party to a lease agreement.
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.
(4) In special situations where the stops described in Subsection
G(1),
(2), and (3) above cannot be used, a letter request for a waiver may be made to the Superintendent of Buildings for approval of an alternative stopping device.
(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.
(1) Appropriate screws shall be:
(a)
Minimum size No. 10 and long enough to penetrate one
inch into a wooden window frame; or
(b)
Of an adequate type, size and length to be securely fastened
to a metal window frame.
(2) The manufacturer shall supply all required screws with
guards.
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.
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.
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.