S T A T E   O F   N E W   Y O R K
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                                  4573

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. TITONE, TOBACCO -- read once and referred to the
  Committee on Housing

AN ACT to amend the multiple dwelling law, in relation to window  guards
  on fire escape windows for multiple dwellings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph c of subdivision 1 of section 53 of the multiple
dwelling law, as amended by chapter 814 of the laws of 1992, is  amended
to read as follows:
  c.  Access  to  any  fire-escape  shall  not be obstructed by sinks or
kitchen fixtures or in any other way.  Iron  bars,  grilles,  gates,  or
other  obstructing  devices on any window giving access to [fire-escapes
or to] a required secondary means of egress  shall  be  unlawful  unless
such  devices  are  of  a  type approved by the board of appeals and are
installed and maintained as prescribed by the board; provided,  however,
that  in a city having a population of one million or more, such devices
shall be of a type approved, installed and maintained as  prescribed  by
the  fire  commissioner, or as previously approved and prescribed by the
board of standards  and  appeals  of  such  city,  except  as  otherwise
provided by said commissioner.
  S  2.  Subdivision  1  of  section  53 of the multiple dwelling law is
amended by adding a new paragraph e to read as follows:
  E. (1) THE OWNER,  LESSEE,  AGENT  OR  OTHER  PERSON  WHO  MANAGES  OR
CONTROLS  A  MULTIPLE  DWELLING  SHALL  PROVIDE,  INSTALL AND MAINTAIN A
WINDOW GUARD ON THE WINDOWS OF EACH APARTMENT IN WHICH A CHILD OR  CHIL-
DREN  TEN  YEARS  OF AGE OR UNDER RESIDE, AND ON THE WINDOWS, IF ANY, IN
THE PUBLIC HALLS OF A MULTIPLE DWELLING IN WHICH SUCH CHILDREN RESIDE.
  (2) NO WINDOW GUARD SHALL BE EQUIPPED WITH A PADLOCK, KEY LOCK, COMBI-
NATION LOCK OR ANY OTHER LOCKING  MECHANISM,  EXCEPT  THAT  SUCH  WINDOW
GUARDS MAY BE SECURED WITH A DEVICE THAT IS CAPABLE OF RELEASING IN SUCH
A MANNER THAT IMMEDIATE ACCESS TO SUCH FIRE ESCAPE IS NOT IMPEDED.  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02105-01-1
              

A. 4573                             2

DEVICE SHALL MEET MINIMUM STANDARDS ADOPTED BY THE FIRE COMMISSIONER AND
SHALL BE APPROVED FOR USE BY THE FIRE COMMISSIONER.
  (3) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
CIVIL  VIOLATION  SUBJECT  TO  A  PENALTY  OF NOT MORE THAN FIVE HUNDRED
DOLLARS PER VIOLATION.
  S 3. This act shall take effect one year after it shall have become  a
law.