§ 232-1. Installation and maintenance.

A. 

Within 60 days after the effective date of this chapter, every person who owns, manages or controls a multifamily dwelling as hereinafter defined ("dwelling") shall provide, install and maintain a window guard, of a type acceptable to the Building Department of the Town of Harrison ("Building Department") on all windows in each apartment where a child or children 10 years of age or under reside and on all windows in the common public halls.

(1) 

It shall be the duty of each person required to provide, install and maintain a window guard to ascertain whether such children reside therein.

(2) 

Installation shall be made in accordance with specifications provided by the Building Department.

(3) 

This section shall not apply to windows giving access to fire escapes or to first-floor windows that are a required means of egress from the dwelling.

(4) 

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

MULTIFAMILY DWELLING

A building or portion thereof containing three or more dwelling units.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then it shall be the space between the floor and ceiling next above it. A cellar shall not be counted as a "story" in determining building height.

B. 

No one shall obstruct or interfere with the installation of the window guards required by Subsection A, nor shall any person remove such window guards.

C. 

Every person who owns, manages or controls a dwelling, as defined herein, is required to provide, install and maintain window guards when requested to, even when a child in the protected category does not reside in the subject apartment, within 30 days of a written request to do so.

D. 

Whenever a violation is found to exist, the Building Department may order any person required to provide, install and maintain window guards to do so. In the event that such order is not complied with within five days after service thereof, the Building Department may issue appearance tickets to enforce compliance with this chapter.