§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) |
| Type | Building and equipment |
| Cited in our records | 87 times at 83 NYC home-based programs |
| Marked open right now | 4 |
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
- §416.3(h): Peeling or damaged paint
- §416.5(a): Safety and health hazards
- §416.4(h)(4): Clear exits and walkways
- §416.5(j): Storing poisons and hazardous products
- §416.5(i): Covers on electrical outlets
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.