HOUSE DOCKET, NO. 1355        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2331

The Commonwealth of Massachusetts

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PRESENTED BY:

Colleen M. Garry

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish a window falls prevention program within the Department of Public Health and mandate window guards in residential homes AKA "Zella Ray's Law".

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PETITION OF:

HOUSE DOCKET, NO. 1355        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2331

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2467 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to establish a window falls prevention program within the Department of Public Health and mandate window guards in residential homes AKA "Zella Ray's Law".

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 237: Duty of residential premises owners; Window Falls Prevention Program

(a) Definitions:

(1) The term “Department” means the Department of Public Health.

(2) The term “Window guard” means a bar, screen, or grille assembly installed in a window for the purpose of preventing a child from accidently falling out of the window, in accordance with the regulations promulgated by the Department.

(b) Whenever a child under six years of age resides in any premises in which any window accessible to the child is on the third floor or higher floor, the owner shall install window guards in any such windows. If any such windows are an access to fire escape routes or structures, the window guard shall be removable. At no time shall the window guards be removed for any reason except emergency egress in times of a fire or other situation involving hazardous materials

(c) If the owner is a landlord, the window guards shall be provided at no additional cost to the tenant. The tenant shall not remove the window guards for any reason except emergency egress in times of a fire or other situation involving hazardous materials. The obligation of a landlord to install window guards under this section shall not affect the ability of a renter to lease the unit; and any discrimination by the landlord in this regard shall be punishable by a fine of not less than $500 but not more than $1000.

(d)  There shall be a Window Falls Prevention Program established within the Department of Public Health.   The purpose of said program shall be as follows:

Educating the public about the danger to children, age six (6) years and under, of falling from windows; and the importance of installing window guards in all dwellings occupied by children age six (6) and under. The Program shall conduct education and outreach efforts promoting awareness about the dangers to children, age six (6) years and under falling from open or otherwise unprotected windows. Information and technical assistance shall be made available to the public on the steps and devices that may mitigate this serious problem. The Program shall work with any and all existing agencies and departments involved with children in its outreach efforts.

(e) No occupant or any other person, shall obstruct or interfere with the installation of window guards, nor shall any person remove or otherwise render ineffective window guards.

(f) The Department shall, within a reasonable period of time, investigate complaints filed with regard to a violation under this section, and may impose up to a $10,000 civil penalty for a violation not remedied within ten business days.