Int 0469-1998

Be it enacted by the Council as follows: Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is hereby amended by adding a new section �17-124 to read as follows: �17-124 Window guards; school buildings and day care facilities. a. As used in this section the following terms shall mean or include: 1. "School building". Any building or structure or any portion thereof, owned, occupied by, or under the custody and control of any public, private or parochial institution and lawfully used for the primary purpose of providing educational instruction to students at or below the sixth grade level. 2. "Day care facility". Any premises at which, during all or part of the day, car is regularly given to seven or more children, not of common parentage, who are under seven years of age, which is operated more than five hours per week and which operates more than one month a year. b. All school buildings and all day care facilities shall have window guards installed on all windows. c. When the school building is leased by the board of education, both the board of education and the lessor shall be liable if the lease specifies that the lessor is responsible for the installation of window guards. d. Any person violating subdivision b of this section shall be subject to a civil penalty of not more than five hundred dollars for each such violation. Such violation shall be adjudicated before the administrative tribunal of the department. Where a violation of subdivision b of this section occurs in a school building under the jurisdiction or control of the board of education, any civil penalty imposed upon the board of education shall be paid from the appropriations made for the board of education's central administration unit. �2. This local law shall take effect ninety days after its enactment into law. 1 2