Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-52

Specifications for window guards for other than double-hung windows

In Force
Verified 11/9/2026 · Next check 2/7/2027
FreeportStatutory Standards

Operative Text

Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-52
A. Applications for approval of window guards for use in other than double-hung windows shall specify the window type(s) for which the guard submitted is intended. Mounting materials and instructions for installation for each specific type of window must be included with the application and must be provided to the consumer with the guards. B. Guards shall be constructed so as to reject the passage of a solid five-inch sphere at every space and interval. C. Guards intended for casements, sliders and other types or combinations of windows in which the height of the openings are not subject to limitation, must be of such size as to fill the entire aperture and must reject passage of a solid five-inch sphere at every space and interval. (1) When approved limiting devices are utilized in lieu of window guards, the size of any unguarded opening may not exceed 4 1/2 inches so as to reject passage of a solid five-inch sphere at every space or interval. (2) On guards utilizing nontelescoping bars, there shall be a permanent spot weld on at least two of the horizontal bars so as to provide a minimum of two inches' overlap when the guard is fully extended. (3) On telescoping bars, when the guard is extended to the maximum allowable width, there shall be a minimum overlap of five inches or 1/3 of the length of the bar, whichever is greater. (4) A permanent label shall be affixed on at least one horizontal bar on each facing surface. Said label shall read: WARNING! EXTENSION OF THIS GUARD BEYOND ___ INCHES IS DANGEROUS AND ILLEGAL. (Insert the number of inches appropriate to the particular model in this space.) (5) On telescoping guards, there shall be an additional stile or other approved support(s) at the telescoping opening of the outer tubing of the bars that shall prevent any spreading of the bars. D. Guards shall bear a load of 150 pounds at centerspan when extended to maximum width. A test with guards attached in accordance with the manufacturer's instructions for installation must be performed and results certified by a professional engineer or independent testing laboratory. The information shall include any finding of a temporary or permanent distortion. E. Each channel stile shall have at least two mounting holes. If the guard is more than 15 inches high, additional mounting holes are required to provide a maximum of 18 inches between mounting holes. F. Coating of guards shall be unleaded. A statement from the paint manufacturer attesting to this fact must accompany the application for window guard approval. G. Coded manufacturer's identification symbol (guard model) and fabrication date symbols (month and year) shall be imprinted on one of the end stiles so located as to be readily visible when viewed from within the room where the guard has been installed. H. Sliding windows and vertical pivoting windows may use stopping devices in lieu of window guards as follows: (1) Sliding windows. A solid metal block, measuring at least 1/2 the depth of the window track and 1/2 the width, shall be securely fastened by two screws into the bottom window track, and a solid metal block or an L-shaped metal stop shall be securely fastened by two screws into the upper window track, to prevent the window from opening more than 4 1/2 inches. (2) Vertical pivoting windows. Metal stopping devices shall be securely fastened to the upper and lower window frames by two screws so as to prevent the window from pivoting open more than 4 1/2 inches. The height of the stopping devices shall extend no less than one inch nor more than two inches beyond the window frame as needed to stop the window. The protruding edge of the stopping device shall be smooth and rounded. I. For types of non-double-hung windows, other than those described in Subsection H and in special situations where the stops described herein cannot be used, application may be made to the Superintendent of Buildings for approval of an alternative stopping device. J. Screws used to mount window guards and stopping devices shall be one-way metal screws or metal tamper-resistant screws. Tamper-resistant screws are defined as screws requiring special tools for their installation and/or removal, which tools are not readily available in retail hardware stores. All tamper-resistant screws shall be countersunk flush with the stile or stopping device. (1) Appropriate screws shall be: (a) A minimum size No. 10. (b) Long enough to penetrate one inch into a wooden window frame; or (c) Of adequate type, size and length to be securely fastened to a metal window frame. (2) The manufacturer shall supply all required screws. K. Each guard sold shall be sold with a self-contained envelope or plastic bag containing: (1) Approved installation instructions; (2) Approved stopping devices; and (3) Specified screws needed for installation of the window guard and/or stopping devices. If wood screws are supplied by a manufacturer, a warning label or message imprinted on the packaging container shall warn that for metal installations, screws of the appropriate types, size and length must be substituted. This warning shall be imprinted on the packaging container. L. Instructions for safe installation of window guards shall be provided by the manufacturer for each specific type of window for which they are intended. (1) Instructions shall specify that window guards may not be installed on windows providing access to fire escapes. (2) Instructions shall specify maximum window width and height for which the guard is intended and shall contain the following prominently printed wording: WARNING: USE OF THIS GUARD BEYOND SPECIFIED MAXIMUM WIDTH IS DANGEROUS AND ILLEGAL! (3) Instructions shall prominently warn that guards must be installed only in sound (nonrotting) mountings or tracks.
Source: Legislative text reproduced verbatim
Plain English

Freeport, N.Y., Code of Ordinances ch. 128 § 128-52 establishes detailed construction, installation, and labeling standards for window guards used in windows other than the standard double-hung type. The rule requires that guards block any opening large enough to pass a solid five-inch sphere, that they bear specified structural loads, and that they carry permanent warning labels and manufacturer identification. It also sets out approved alternative stopping devices for sliding and pivoting windows, and mandates that all mounting hardware, instructions, and packaging meet specific safety criteria.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to ch. 128 § 128-52 generally ensure that any window guard installed on a non-double-hung window is a model that has received proper approval, comes with manufacturer-supplied tamper-resistant screws, and is accompanied by installation instructions tailored to the specific window type. Compliant operators verify that guards bear the required permanent warning labels and coded identification markings, and that load-test certifications from a professional engineer or independent testing laboratory are on file. When sliding or pivoting windows are involved, operators confirm that approved metal stopping devices are securely fastened and limit openings to no more than 4½ inches, and they direct any unusual configurations to the Superintendent of Buildings for alternative-device approval under Subsection I.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under ch. 128 § 128-52, tenants in Freeport have an interest in knowing that window guards or approved stopping devices on non-double-hung windows must meet strict size, strength, labeling, and hardware standards designed to prevent falls. If a guard appears to lack required warning labels, uses standard screws instead of tamper-resistant ones, or allows an opening wider than 4½ inches, those conditions may represent a violation of this provision. Tenants who believe their window guards do not meet these specifications can document the conditions, raise the issue with their landlord in writing, and contact the local building department or a tenant-rights organization for guidance on available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-15
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-23
Freeport Code § 128-6
Freeport Code § 128-37
Freeport Code § 128-7

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 244.850
Basement space may be habitable

Source Information

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