1 of 1
HOUSE DOCKET, NO. 1355 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2331
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Colleen M. Garry
_________________
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".
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023Carol A. Doherty3rd Bristol2/7/2023 1 of 3
HOUSE DOCKET, NO. 1355 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2331
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2331) of Colleen
M. Garry and Carol A. Doherty relative to window guards in residential homes. Public Safety
and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2467 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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:
1 Section 237: Duty of residential premises owners; Window Falls Prevention Program
2 (a) Definitions:
3 (1) The term “Department” means the Department of Public Health.
4 (2) The term “Window guard” means a bar, screen, or grille assembly installed in a
5window for the purpose of preventing a child from accidently falling out of the window, in
6accordance with the regulations promulgated by the Department.
7 (b) Whenever a child under six years of age resides in any premises in which any window
8accessible to the child is on the third floor or higher floor, the owner shall install window guards 2 of 3
9in any such windows. If any such windows are an access to fire escape routes or structures, the
10window guard shall be removable. At no time shall the window guards be removed for any
11reason except emergency egress in times of a fire or other situation involving hazardous
12materials
13 (c) If the owner is a landlord, the window guards shall be provided at no additional cost
14to the tenant. The tenant shall not remove the window guards for any reason except emergency
15egress in times of a fire or other situation involving hazardous materials. The obligation of a
16landlord to install window guards under this section shall not affect the ability of a renter to lease
17the unit; and any discrimination by the landlord in this regard shall be punishable by a fine of not
18less than $500 but not more than $1000.
19 (d) There shall be a Window Falls Prevention Program established within the
20Department of Public Health. The purpose of said program shall be as follows:
21 Educating the public about the danger to children, age six (6) years and under, of falling
22from windows; and the importance of installing window guards in all dwellings occupied by
23children age six (6) and under. The Program shall conduct education and outreach efforts
24promoting awareness about the dangers to children, age six (6) years and under falling from open
25or otherwise unprotected windows. Information and technical assistance shall be made available
26to the public on the steps and devices that may mitigate this serious problem. The Program shall
27work with any and all existing agencies and departments involved with children in its outreach
28efforts.
29 (e) No occupant or any other person, shall obstruct or interfere with the installation of
30window guards, nor shall any person remove or otherwise render ineffective window guards. 3 of 3
31 (f) The Department shall, within a reasonable period of time, investigate complaints filed
32with regard to a violation under this section, and may impose up to a $10,000 civil penalty for a
33violation not remedied within ten business days.