The NYC Department of Health and Mental Hygiene (DOHMH) has finalized its anticipated update to the city’s window guard regulations. The revised Chapter 12 of the Health Code will take effect Jan. 1, 2026, replacing rules that had remained largely unchanged for decades. The adopted changes don't touch owners' basic obligation to continue to install window fall prevention devices where children 10 or younger reside or upon request by an occupant. But they also introduce a more flexible framework that reflects how buildings, windows, and communication methods have evolved.

Adopted Rules Reflect Practical Concerns

Although the final rule closely tracks the version proposed in April, DOHMH made a few targeted changes before adoption. 

Electronic communications. One important revision gives building owners more options for reminding tenants to return the annual safety notice. Instead of requiring that reminders be physically posted in common areas, the final rule allows owners to issue reminders “by any means practical.” This may include email, text messages, or printed notices in the lobby. This change should ease compliance for buildings where electronic communication is routine.

Simplified identifier. Manufacturers also benefit from a simplified requirement. The proposed rule would've required window guards to display a stamped code with the model number, fabrication date, and department registration number. In the adopted version, only the registration number is required. The city concluded that this single identifier was sufficient for enforcement and recordkeeping, without adding unnecessary complexity to production.

Responsibilities for A/C installations. The final rule also clarifies owner responsibilities when it comes to air conditioning units used in place of window guards. DOHMH initially proposed a strict requirement that these units include rigid side panels and be permanently installed by the owner. That provision was softened. Owners are no longer responsible for arranging the installation, and the rigid panel requirement has been removed. Instead, owners must inspect and approve the installation to make sure it meets the rule’s structural and safety requirements.

Same Safety Goal

While these changes reflect a more practical approach, the core structure of the new rule remains as proposed. The definition of “window guard” now includes both traditional metal barriers and limiting devices designed for newer window types. Regardless of design, all devices must prevent a 5-inch sphere from passing through any opening and must be able to withstand a 150-pound impact load.

The rule also eliminates the Window Guard Policy and Acceptance Board, which previously reviewed devices on a case-by-case basis. That process has been replaced with a registration system where licensed engineers or architects certify compliance with the DOHMH’s safety standards.

Window guards will now be required on all windows that open onto balconies or terraces above the first floor, regardless of whether the space is walkable. The rule also formally incorporates oversight of window air conditioning units, which in recent years have been linked to several preventable child falls.

Notice Requirements Remain

Owners will continue to distribute annual notices between Jan. 1 and 16, and must keep delivery records for two years. Notices can be sent electronically with written tenant consent and must be offered in English, Spanish, and any other languages commonly spoken in the building’s community. In addition, the fines for noncompliance remain significant, at $500 per unit for notice failures or use of unapproved forms, and $1,000 for installation of an unregistered safety device.