Definitions.
24 RCNY § 12-02
in effect§ 12-02 Definitions.
When used in this Chapter, the following terms have the following meanings:
(a) Balcony window means a window opening from an apartment or public area onto a balcony or terrace, including an opening onto a balcony that does not have a walking surface. This term does not include a door opening onto a balcony or a window opening onto a fire escape.
(b) Child means a person 10 years of age or under.
(c) Department means the New York City Department of Health and Mental Hygiene.
(d) Dwelling unit means an apartment or other single unit consisting of one or more legally habitable rooms in a multiple dwelling, which is occupied or intended to be occupied by one or more persons.
(e) Fire escape means a combination of exterior stairs and landing platforms providing unobstructed means of egress from rooms or spaces in a building, constructed in accordance with Administrative Code § 27-380, or its successor law(s).
(f) First floor means the first story of a multiple dwelling that is at or above street or ground level, regardless of how the floors are numbered or otherwise identified.
(g) Independent testing laboratory means a laboratory that is (1) not owned, operated, managed or controlled by a manufacturer of windows or window guards, or by an owner of a multiple dwelling in which window guards must be installed pursuant to applicable law, (2) accredited in accordance with the International Standards Organization (“ISO”), International Standard ISO/IEC 17025: General requirements for the competence of testing and calibration laboratories, 3rd edition (2017) or a successor standard, and (3) able to test window fall prevention devices pursuant to ASTM International, F2006-10, Standard Safety Specification for Window Fall Prevention Devices for Non-Emergency Escape (Egress) and Rescue (Ingress) Windows, or a successor published standard.
(h) Lead-based paint has the meaning set forth in 24 RCNY Health Code Article 173.
(i) Limiting device means a window fall prevention device registered with the Department, other than a traditional window guard (TWG) as defined in this section, that prevents a window sash from opening more than four and one-half (4 1/2) inches in any direction and that prevents the passage of a five-inch solid sphere through any opening. A limiting device consists of a device built into a window during a window’s manufacture or a device designed and constructed to be attached to the exterior of the building or to a window or window frame after the window is manufactured.
(j) Multiple dwelling means a residential building consisting of three or more dwelling units or apartments.
(k) Occupant means a tenant or other person residing in a dwelling unit in a multiple dwelling regardless of whether such person is a party to a lease agreement.
(l) Owner means an owner, landlord, lessor, managing agent, mortgagor, receiver, condominium unit owner, cooperative board, and any person who is an agent of the owner or who is otherwise responsible for the management or control of a multiple dwelling or unit in a multiple dwelling.
(m) Professional architect means a New York State Licensed Registered Architect (RA) whose professional license, training and experience demonstrate competence to evaluate performance and testing results for window fall prevention devices in accordance with this Chapter and who is independent of and not affiliated with the testing laboratory, window fall prevention device manufacturer, or building owner associated with the window fall prevention devices that such individual is evaluating.
(n) Professional engineer means a New York State Licensed Professional Engineer (PE) whose professional license, training and experience demonstrate competence to evaluate performance and testing results for window fall prevention devices in accordance with this Chapter and who is independent of and not affiliated with the testing laboratory, window fall prevention device manufacturer, or building owner associated with the window fall prevention devices that such individual is evaluating.
(o) Public areas means the staircases, landings, lobbies, hallways, community rooms, laundry rooms, and other areas within a multiple dwelling building to which all dwelling occupants have access.
(p) Resides has the meaning set forth in § 27-2056.2 of the Administrative Code or a successor law.
(q) Secondary egress window means a window in a first floor unit in a multiple dwelling equipped with fire escapes that has been designated as a means of escape for the occupants of such unit in a fire or other emergency.
(r) Traditional window guard or TWG means a window fall prevention device registered with the Department consisting of a reinforced metal grid and stops installed in a double hung or other window to form a barrier to prevent a window sash from opening more than four and one-half (4 1/2) inches in any direction and that prevents the passage of a five-inch solid sphere through any opening.
(s) Window means an opening in a building, other than a door, that (i) allows light and/or air to enter the building’s interior spaces, (ii) is lined with a frame made of wood, metal or other rigid durable materials, and (iii) is fitted with one or more sashes. A window consists of the following components:
(1) The frame is the framework within the window opening that surrounds and supports the window components.
(2) The jambs are the main vertical parts forming the sides of the window frame, containing channels into which window sashes are fitted.
(3) The sash is the moveable part of a window consisting of a frame of vertical stiles and horizontal rails holding one or more glass panes fitting within the window jamb. In a double hung window there are two sashes, an upper and a lower sash that may be raised and lowered; in a sliding window, there are one or more sashes that move sideways; in a casement window one rail or stile of the sash is attached by hinges to the window jamb and the opposite rail or stile usually has a locking mechanism that attaches the sash to the jamb, to another casement sash, or to a stationary stile attached to the window jamb.
(4) The stool is the portion of the horizontal window ledge that protrudes into the interior of the room, adjacent to the window sash when the window is closed; it is sometimes called the interior windowsill.
(t) Window guard means a traditional window guard (TWG) or a limiting device.
(Added City Record 7/23/2025, eff. 1/1/2026)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-154352Fetched: 10/24/2026