N.J. Admin. Code § 5:10-27.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 5:10-27.1 - Child-protection window guards; when required

(a) Except as provided in (b) below, the owner or other person responsible for the management or control of a multiple dwelling shall, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside or are regularly present for a substantial period of time, provide, install and maintain approved child-protection window guards on the windows of the dwelling unit and on any windows in the public halls of the multiple dwelling.

(b) The requirements of this subchapter shall not apply to:

1. Any window, which gives access to a fire escape;

2. Any window, which is not designed to open;

3. Any unit that is owner-occupied;

4. Any seasonal rental units; or

5. Any window on the first floor if the sill of such window is six feet or less above grade as measured at the location of the window and there is no hazardous condition at that location that would necessitate the installation of a window guard.

(c) All leases offered to tenants in multiple dwellings shall contain a clear, legible and conspicuous notice, in prominent boldface type, advising tenants and prospective tenants that the owner is required by law to provide, install and maintain window guards in the unit of any tenant who has a child or children 10 years of age or younger living in the unit or regularly present there for a substantial period of time and makes a written request to the owner or the owner's representative that the window guards be installed, and that the owner is also required, upon the written request of any such tenant, to provide, install and maintain window guards in the building hallways to which persons in the tenant's unit have access without having to go out of the building, other than hallways on the first floor in which there is no window having a sill more than six feet above grade at the location of the window or having any other condition at that location necessitating installation of a window guard. A lease offered to a tenant of a first floor unit shall state that window guards are not required to be installed in the unit or in hallways on the first floor unless the sill of any window in the unit is more than six feet above grade at the location of the window or there is any other hazardous condition at that location necessitating installation of a window guard. A model lease and notice provision containing the required information is set forth at Appendix 27A of this subchapter, incorporated herein by reference. Owners, or organizations representing owners, seeking approval of alternative language as meeting the requirements of the act and of this subchapter may submit such alternative language to the Bureau for its review and approval.

1. At the time of lease signing, the owner, or the agent of the owner, shall verbally inform the tenant of the tenant's right to request installation of window guards under this subchapter. Verification that this verbal notice was provided and understood shall be set forth in a written document separate from the lease that shall be signed by the tenant and by the owner or agent and shall be made available by the owner upon request of any representative of the bureau.

(d) At least twice in each calendar year, the owner or other person who manages or controls a multiple dwelling shall deliver to each tenant a clear and legible notice containing the information required by (c) above. This notice shall be hand-delivered to the tenant or sent to the tenant, at the unit, by ordinary or certified mail. However, only one additional notice shall be required in any year in which a tenant receives a copy of a lease or a lease renewal that is in conformity with (c) above. A notice given to a tenant of a first floor unit shall state that window guards are not required to be installed in the unit or in hallways on the first floor unless the sill of any window in the unit or hallway is more than six feet above grade at the window or there is any other hazardous condition at that location necessitating installation of window guards. The model lease and notice provision set forth in Appendix 27A of this subchapter may be used to satisfy the biannual notice requirements. The owner shall maintain records of compliance with this subsection that shall be made available by the owner upon request to any representative of the Bureau.

(e) Semi-annually, between March 1 and May 1 and between September 1 and December 1, the owner, or other person responsible for the management or control, of a multiple dwelling or apartment, as the case may be, in which child-protection window guards have been installed by the owner, shall inspect each such window guard to ensure that it remains sound and in conformance with the provisions of this subchapter, and shall enter a record of such inspection in a log, which shall be maintained as a permanent record as long as the window guard remains installed, and for five years thereafter, and which shall be available upon request to the Bureau or its duly-authorized representative. The log shall indicate the date of inspection, the unit(s) inspected, the results of the inspection, and the name and title of the person performing the inspection, who shall sign the log.

(f) The owner shall cause to be conspicuously posted and prominently displayed in the common areas a notice advising tenants of the obligation of the owner to install window guards and advising tenants to check their window guards on a regular basis and report any problems to the owner or agent of the owner.

(g) The rules for window guard orientation programs shall be, as follows:

1. In January or February of each year, a window guard orientation program shall be offered by the owner of each multiple dwelling that is over three stories in height and meets any of the following criteria:

i. Any multiple dwelling built with public funds or assistance;

ii. Any multiple dwelling financed in whole, or in part by, a loan guaranteed or insured by the Federal government or any agency thereof; or

iii. Any multiple dwelling allocated any low income tax credits or have any residents who are recipients of State or Federal rental assistance.

2. The window guard orientation program shall educate tenants about the safe use and manipulation of window guards and their rights with regard to the installation of window guards.

i. All such orientation programs shall include distribution and reading aloud of the brochure promulgated as Appendix 27B of this subchapter, incorporated herein by reference.

ii. A record indicating the date, time, and place at which the orientation program was offered, copies of all written information presented, and the names of all presenters and attendees, shall be maintained by the owner and be available for inspection by any representative of the Bureau.

iii. Notice of the orientation program shall be posted in appropriate common areas of the building at least two weeks prior to the date of the program.

(h) The owner of the building or of the apartment, as the case may be, shall provide a window guard orientation, as required by (g) above, to educate each tenant at the time that window guards are installed in such tenant's unit.

N.J. Admin. Code § 5:10-27.1

Emergency amendment, R.2005 d.318, effective 8/24/2005 (to expire October 23, 2005).
See: 37 N.J.R. 3729(a).
In (a), added "or are regularly present for a substantial period of time" following "under reside"; added (e).
Adopted concurrent amendment, R.2005 d.402, effective 10/23/2005.
See: 37 N.J.R. 3729(a), 37 N.J.R. 4397(b). In (c), added "or regularly present there for a substantial period of time"; changes upon adoption effective 11/21/2005.
Amended by R.2007 d.40, effective 2/5/2007.
See: 38 N.J.R. 3947(a), 39 N.J.R. 363(b).
Rewrote (b), the introductory paragraph of (c), and (d) and (e); and added new (c)1 and (f) through (h).

Amended by 55 N.J.R. 1687(a), effective 8/7/2023