New York landlords urged to help prevent deaths and injuries from window falls

As the warm summer months approach, the New York City Department of Health and Mental Hygiene (DOHMH) reminds City landlords and residents to install window guards to help prevent deaths and injuries from window falls. DOHMH today cited data showing an overall decrease in the number of preventable falls since Section 131.15 of the City's Health Code - informally known as the Window Guards Law - was implemented almost 30 years ago. There were four preventable falls in 2003, compared to 151 in 1977.

"Falls from open windows can easily be prevented," said DOHMH Commissioner Thomas R. Frieden, MD, MPH. "Landlords - as well as parents and caregivers - should check to ensure that window guards are put in properly. It's simple: install them right, and install them tight. It's the law."

New York City is the only major city in the U.S. with a law requiring the installation of window guards. Under the Health Code, DOHMH-approved window guards must be installed and maintained by the owner, manager or agent of a multiple dwelling (defined as a building with three or more units). Every year, forms should be provided by landlords to their tenants; and tenants should use that form to inform their landlord or building manager if a child or children ten years of age or younger lives in the apartment. Tenants also should use the form to indicate whether window guards need repair, or to request window guards even if no children live in the apartment. By law, tenants may not refuse installation of window guards if there are children ten years of age or younger lives in the apartment.

Despite the fact that a high proportion of New Yorkers live in multiple dwelling buildings, injury rates in the City are nearly half the national average, according to a recent study by the Columbia University Medical Center. That study credits the decline to enactment and enforcement of the City's window guards law.

Furniture Placement and Window Screens

The Health Department recommends that all furniture - such as beds, cabinets and dressers - be kept far from windows; babies can climb up on furniture and out an open window, even before they can walk. Additionally, the Health Department reminds people that a window screen is not a substitute for properly installed and maintained window guards.

"Screens are good for keeping the bugs out, but screens won't prevent falls - only window guards can," said Dr. Frieden. "Tenants and landlords should cooperate to ensure that window guards are correctly installed." Tenants who have a difficult time getting their landlord to install or repair window guards should call 311 to file a complaint; landlords can also call 311 to report tenants who refuse to have these guards installed as required by law.

The Health Department also offers the following additional recommendations to prevent window falls:

• Never leave your child alone in a room where there are open windows without window guards
• Carefully check window guards periodically to assure they still are securely installed
• Keep children off balconies and terraces and keep balcony and terrace doors locked when not occupied by an adult
• Even if you don't have children living at home, it's a good idea to install window guards - since children especially if children frequently visit
• Never let your child play:
  • on fire escapes
  • on balconies or terraces
  • on roofs
  • in hallways with windows that do not have window guards, or
  • near elevator shafts

New Yorkers who have questions regarding window guard installation, types of approved window guards and where to purchase them, or those who would like a copy of the law or educational materials may contact DOHMH's Window Falls Prevention Program by calling 311. http://www.ci.nyc.ny.us