The NYC Department of Health and Mental Hygiene (DOHMH) recently proposed an update to its window guard regulations. The proposed rules include updated language and technical requirements intended to better protect children in a city where window types and safety technologies have evolved. If finalized, the new rules would take effect on Jan. 1, 2026, replacing the entirety of current Chapter 12 of the city’s Health Code.

The changes don't touch the basic obligation of owners to continue to install window fall prevention devices where children 10 or younger reside or upon request by an occupant. However, the proposed rules represent an update that reflects modern building practices, simplifies compliance for manufacturers, and clarifies responsibilities related to window air conditioning units.

Modernizing the Rules 

The driving force behind the overhaul is the growing presence of window types that weren't common when the original rules were adopted. At the time, the most common windows in multiple dwellings in the city were double-hung windows. These proposed amendments would update the rules to reflect the technical advances and developments in windows and limiting devices intended to prevent falls from windows.

The new Chapter 12 uses “window guard” as an umbrella term encompassing both traditional window guards (TWGs) and a broader category of limiting devices, which are designed for window types beyond the standard double-hung windows.

Device Requirements

According to the proposed rules, all approved devices, whether TWGs or limiting devices, must prevent openings larger than 4½ inches and be capable of withstanding a 150-pound impact without allowing the passage of a 5-inch sphere. Manufacturers must register each model with the DOHMH and submit detailed documentation, including professional engineer or architect certifications, product schematics, and testing results.

For TWGs specifically, the rules retain technical specifications related to grid construction, mounting requirements, and stop mechanisms to ensure that openings can't exceed allowed dimensions—even under pressure. Permanent labeling and packaging instructions are also mandated, and air conditioning units installed as substitutes for window guards must now meet strict installation, bracketing, and structural standards verified by building owners.

The proposed rule eliminates the Window Guard Policy and Acceptance Board, which previously had to approve new products on a case-by-case basis. In its place, a more straightforward DOHMH registration process would allow qualified professionals to certify devices that meet the safety benchmarks. This shift is designed to speed up the approval of effective new designs while maintaining rigorous standards.

Air Conditioners, Balcony Windows Included

For the first time, the rule directly addresses window air conditioners. During the past several years, there have been instances in which inappropriately installed or removed window air conditioner units have contributed to falls by children. Nearly all preventable falls occur because no window fall prevention device of any kind was installed, or because a window air conditioning unit was improperly installed in or removed from a window.

Permanently installed air-conditioning units may be used in lieu of a window guard only if they meet several criteria, which include the use of tamper-proof screws, appropriate side barriers, and documented owner verification that the unit can resist significant force.

The proposed rule also expands the scope of window guard requirements to include windows that open onto balconies or terraces above the first floor, regardless of whether the balcony has a walking surface.

Notices, Inspection, and Enforcement Duties

The proposal reaffirms that building owners must distribute annual safety notices each January and perform follow-up inspections if residents fail to respond by Feb. 15. While the general process remains intact, the revised rule requires that notices conform to updated language issued by the department. These must be available in English, Spanish, and other commonly spoken languages in the community. Notices may also now be delivered electronically, provided the tenant consents in writing.

Owners remain responsible for keeping proof of delivery and responses for two years and may not imply that window guard installation is optional. Occupants, in turn, are obligated to provide accurate responses and access for inspections or installations.

Also, enforcement provisions have been made more explicit. The new rules outline the following fines:

• Failure to provide notices to any occupant is $500 per dwelling unit, per year;
• Failure of an owner to post notices is $500 per violation, per year;
• Owner’s use of an unapproved form is $500 per dwelling unit, per year; and
• Failure to provide copies of completed notices from occupants is $500 per multiple dwelling per year.

A public hearing on the proposed rule is scheduled for May 27, 2025, and written comments will be accepted through 5 p.m. that day. Owners, manufacturers, and other stakeholders may participate online or by phone. The department has signaled it may revise the rule further based on public feedback before issuing a final version later this year.