§416.5(q): Window barriers above the first floor

Windows above the first floor that children can reach and that present a fall hazard must have permanent barriers or restrictive locking devices that stop the window opening fully. The citation concerns those windows.

State regulation (18 NYCRR)§416.5(q)
TypeBuilding and equipment
Cited in our records87 times at 83 NYC home-based programs
Marked open right now4

The state's wording

Windows above the first floor, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of the windows.

This is the text the state (OCFS) attaches to the citation. It is a template, so it can sound harsher or vaguer than the finding behind it.

Worth asking the provider

How are the upstairs windows kept from opening wide?

Reading it on a record

Look at whether the citation is marked open or corrected, how long ago it was cited, and whether the same section shows up on several inspections. One corrected citation is common. The same one on visit after visit is worth a direct question. Our guide to checking a daycare and methodology explain the rest.

Look up a home daycare and read its record

Related sections

Counts are from the inspection records we hold, as of 2026-10-23. The plain-English note was written by NYC Daycare Check from the city's wording; the citation on each provider's page is the record.