New Jersey § 55:13a-7

§ 55:13a-7.

a. (1) Except as provided in subsection b. of this section, the owner, lessor, agent or

other person who manages or controls a multiple dwelling , other than a multiple dwelling which is part of a common interest community, shall, upon the written request of a tenant of a unit in which a child or children 10 years of age or under reside or will reside

or are regularly present for a substantial period of time , provide, install and maintain approved child-protection window guards on the windows of the dwelling unit and on any windows in the public halls of a multiple dwelling in which any child

or children of such age reside or are regularly present for a substantial period of time . (2) (a) Except as provided in subsection b. of this section, the owner, lessor, agent

or other person who controls a unit of dwelling space in a multiple dwelling within

a common interest community, upon the written request of a tenant of a unit in which

a child or children 10 years of age or under reside or will reside or are regularly

present for a substantial period of time, shall provide, install and maintain child-protection

window guards on the windows of the unit. (b) The owner, lessor, agent or other person who controls a unit of dwelling space

in a multiple dwelling within a common interest community shall provide written notice

to the unit owners' association whenever a tenant of a unit, in which a child or children

10 years of age or under reside or will reside or are regularly present for a substantial

period of time, has requested that child-protection window guards be installed on

the windows in the common areas of the common interest community. (3) (a) Except as provided in subsection b. of this section, upon the written request

of an owner or an occupant of a dwelling unit of a multiple dwelling within a common

interest community, in which dwelling unit a child or children 10 years of age or

under reside or will reside or are regularly present for a substantial period of time,

the unit owners' association shall install and maintain child-protection window guards

on the windows which are determined to be in common areas of the community property

and maintained by the association. (b) A unit owners' association shall not adopt or seek to enforce any restrictions

or architectural controls which would prohibit or impede the installation of a window

guard in compliance with P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ). b. (1) The requirements of subsection a. of this section shall apply to all windows, except

those windows which give access to a fire escape , which are not designed to open, or which are on the first floor ; provided, however, that the requirements of subsection a. of this section shall

apply to first floor windows in such circumstances as the commissioner may provide

by rule . (2) The requirements of subsection a. of this section shall not apply to seasonal

rental units. “ Seasonal rental unit ” means a dwelling unit rented for a term of not more than 125 consecutive days for

residential purposes by a person having a permanent residence elsewhere, but shall

not include use or rental of living quarters by migrant, temporary or seasonal workers

in connection with any work or place where work is being performed. The owner, lessor, agent or other person who controls a dwelling unit shall have

the burden of proving that the rental is seasonal. c. Any child-protection window guard installed pursuant to P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ) shall conform to the requirements of the State Uniform Construction Code with respect

to means of emergency egress, and a window guard installed on an emergency egress

window shall be releasable or removable from the inside without use of a key, tool

or excessive force. Window guards installed on all other windows shall be designed, constructed, and

installed so that they may not deliberately or through accident, ignorance or inadvertence,

be removed, opened, or dislodged without the use of a key or tool. d. (1) Upon installation of a child-protection window guard in a dwelling unit, and

annually thereafter, the owner, lessor, agent or other person who manages and controls

that dwelling unit shall provide the tenant with an orientation concerning the safe

use and manipulation of window guards in accordance with guidelines established by

the Commissioner of Community Affairs pursuant to section 5 of P.L.1995, c. 120 ( C.55:13A-7.16 ). (2) Upon installation of a child-protection window guard in the common areas of a

multiple dwelling, and annually thereafter, the owner, lessor, unit owners' association,

agent or other person who manages and controls the common areas of the multiple dwelling

shall provide the occupants of the multiple dwelling with an orientation concerning

the safe use and manipulation of window guards in accordance with guidelines established

by the Commissioner of Community Affairs pursuant to section 5 of P.L.1995, c. 120 ( C.55:13A-7.16 ). e. At least twice annually, the owner, lessor, unit owners' association, agent or

other person who manages and controls a unit of dwelling space in a multiple dwelling,

the common areas of the multiple dwelling, or both, in which child protection window

guards have been installed, shall inspect each such window guard under their control

to ensure that it remains sound and in conformance with the provisions of P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ), and shall enter a record of such inspection in a log, which shall be maintained

as a permanent record so long as the window guard remains installed, and for five

years thereafter, and which shall be available upon request to the department or its

duly authorized representative. f. A tenant or unit owner may file a complaint with the commissioner for the failure

to comply with the provisions of P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ). The commissioner shall investigate complaints within a reasonable time period. The commissioner may impose penalties authorized under the “Hotel and Multiple Dwelling

Law,” P.L.1967, c. 76 ( C.55:13A-1 et seq. ) for violations concerning the installation of child-protection window guards and

may institute a criminal complaint for a repeat conviction after the imposition of

a $5,000 civil penalty for a continuing violation pursuant to section 19 of P.L.1967,

c. 76 ( C.55:13A-19 ). g. To the extent that a violation of P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ) has occurred within a rental unit in a common interest community, such violation

shall be noticed to, and resultant penalties imposed upon, the unit owner of such

rental unit and not the unit owners' association. h. To the extent that a violation of P.L.1995, c. 120 ( C.55:13A-7.12 et seq. ) has occurred within the common areas of a common interest community, such violation

shall be noticed to, and resultant penalties imposed upon, the unit owners' association.