PRINTER'S NO. 1979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1748
Session of
2021
INTRODUCED BY BENHAM, McNEILL, SANCHEZ, BURGOS, DEASY, KENYATTA
AND SIMS, JULY 30, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 30, 2021
AN ACT
Amending the act of April 27, 1927 (P.L.465, No.299), entitled
"An act to provide for the safety of persons employed,
housed, or assembled in certain buildings and structures by
requiring certain construction and ways of egress, equipment,
and maintenance; providing for the licensing of
projectionists, except in cities of the first class and
second class; requiring the submission of plans for
examination and approval; providing for the promulgation of
rules and regulations for the enforcement of this act;
providing for the enforcement of this act by the Department
of Labor and Industry, the Department of Health, boards of
school directors and, in certain cases, by the chiefs of fire
departments in cities of the third class; providing penalties
for violations of the provisions of this act; and repealing
certain acts," providing for window guard requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 27, 1927 (P.L.465, No.299),
referred to as the Fire and Panic Act, is amended by adding a
section to read:
Section 10.2. Window Guard Requirements.--(a) The purpose
of this section is to protect the health and safety of certain
residents of buildings with multiple dwelling units by requiring
the landlords of the buildings to install and maintain window
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guards in the dwelling units and public areas of the buildings.
(b) Each landlord of a building in this Commonwealth with
multiple dwelling units, including apartments, condominiums,
cooperatives or mutual housing, shall install and maintain
window guards if requested in writing by a resident of a
dwelling unit in the building and any of the following apply:
(1) A child who is ten (10) years of age or younger resides
in the dwelling unit or spends a considerable amount of time in
the dwelling unit.
(2) An individual with a disability resides in the dwelling
unit.
(3) An older adult resides in the dwelling unit.
(c) The request under subsection (b):
(1) Must be delivered to the landlord through the same means
as the delivery of rental payments or other payments for the
dwelling unit.
(2) May concern the installation of window guards on windows
within the dwelling unit of the resident or on windows that are
in a common area or other public area of the building, such as
hallways, to which the dwelling unit has access.
(d) Once a window guard is installed, a resident of the
building or other individual may not take down, alter or remove
the window guard or any part of the window guard.
(e) The landlord of the building shall be responsible for
installing and maintaining window guards when requested under
this section. Installation shall be completed within 30 days of
the receipt of a tenant's written request.
(f) Window guards may not be permanently fixed to the
building or any window and shall be removable in the case of an
emergency for the safety of the individuals in the building and
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for access by firefighters, law enforcement officers, emergency
medical services providers and other first responders.
(g) Window guards shall not be required on windows that
serve as fire exits or that are designed not to be opened.
(h) A landlord under this section shall advise the residents
of the building of the window guard requirements and procedures
under this section upon the signing of the lease or other
document establishing residency and at least once annually
thereafter.
(i) This section shall be enforced by the Department of
Labor and Industry and the code enforcement officers of the
municipality in which the building with multiple dwelling units
is located.
(j) A person in violation of this section shall be subject
to a fine of not less than fifty dollars ($50) per day for the
first offense and not less than one hundred dollars ($100) per
day for any subsequent offenses. Fines shall accrue daily until
the violation has been rectified in a workmanlike manner and in
conformity with accepted good construction practices so as to
preserve compliance with this section.
(k) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"ASTM." The American Society for Testing and Materials.
"Apartment." As defined in section 501-A(2) of the act of
April 6, 1951 (P.L.69, No.20), known as "The Landlord and Tenant
Act of 1951."
"Condominium." As defined in 68 Pa.C.S. § 3103 (relating to
definitions).
"Cooperative." As defined in 68 Pa.C.S. § 4103 (relating to
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definitions).
"Individual with a disability." An individual who has a
physical or mental impairment that substantially limits one or
more of the major life activities of the individual.
"Landlord." An individual or entity owning, controlling,
leasing, operating or managing a building with multiple dwelling
units.
"Municipality." A city, borough, incorporated town or
township.
"Mutual housing." Housing or a building with multiple
dwelling units that is owned by a mutual housing association.
"Mutual housing association." A nonprofit corporation that:
(1) develops, constructs, rehabilitates, owns, operates or
manages housing or a building with multiple dwelling units,
which may be for the purpose of the prevention or elimination of
neighborhood blight and the preservation of neighborhood
stability; and
(2) is governed by a board of directors composed of
residents of the housing or building who:
(i) can actively participate in the ongoing operation and
management of the housing or building;
(ii) have the right to continue residing in the housing or
building for as long as they comply with the terms of their
occupancy agreement; and
(iii) do not have have an equity or ownership interest in
the housing or building.
"Older adult." An individual who is sixty-five (65) years of
age or older.
"Window guard." A child-proof window protection device that
meets the following ASTM standards:
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(1) ASTM F2006 regarding standard safety specification for
window fall prevention devices for nonemergency escape (egress)
and rescue (ingress) windows.
(2) ASTM F2090 regarding standard specification for window
fall prevention devices with emergency escape (egress) release
mechanisms.
Section 2. This act shall take effect in 60 days.
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