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Window safety guards for children                        
                        can prevent the next 40,000injuries.

- CHERRY HILL AUGUST 15, 2005
One of my offices is in Mount Holly, across from a building that includes two second-story apartments.  Each apartment has one or more young children.  Imagine my surprise one afternoon in June 2005, when a young child, perhaps five years old, decided to “take a stroll.”  I called out my window for the child to get inside.  He ignored me.  
                                                                                                             Picture © fLeon Roomberg 2005 
                            

I called the police who arrived in less than ten minutes.  By that time, the child had grown bored of the adventure and returned indoors.  In this instance the mother was home, but in another room.  Even so, one misstep would have resulted in death.

There is rarely a shortage of such falls in the news.  I wonder about the luck of the 2½-year-old fell from a two-story window Sunday, May 15th, 2005.  As reported by The Enquirer of Cincinnati (news.enquirer.com), the child was taken to Cincinnati Children's Hospital Medical Center.  Hospital officials declined to release the baby's condition. 

Two weeks prior, on June 3, 2005, Hernando Today (www.hernandotoday.com) reported that a 2-year-old boy from Springhill, Florida, was airlifted to Tampa General Hospital early the prior Friday afternoon when he fell from the second story window of an apartment building.

Two days prior, on June 1st, 2005, the New York Times (www.nytimes.com) reported that a 2-year-old Bronx boy fell from his family's fourth-floor living-room window, plummeting more than 25 feet to a corrugated metal awning.

The above examples show the problem can occur anywhere in our country.

According to the U.S. Consumer Product Safety Commission (CPSC), [http://www.cpsc.gov/CPSCPUB/PREREL/prhtml00/00126.html,] there were 120 window-fall related deaths to children between 1990 and 2000.  In that same time period, 40,000 children were treated in hospital emergency rooms for window fall-related injuries. The number of children who live but are permanently disabled as a result of these falls has not been published.   Surely 40,000 injuries to children is enough to warrant our attention.

In the year 2000, the CPSC recommended a solution for this problem in the form of child-protecting window guards.  (Window guards screw into the side of a window frame and have bars no more than 4 inches apart. They are sold in different sizes for various size windows and adjust for width. Guards must meet requirements for spacing and strength and those that allow for escape in case of emergencies must be difficult for very young children to open.  Window guards are sold at hardware stores such as Home Depot, and Lowes, and are priced between $10 and $30.)  According to the CSPC, consumers and landlords can also purchase these devices directly from the manufacturers which include John Sterling Corporation (800) 367-5726, LL Building Products (800) 755-9392, and Automatic Specialties (800) 445-2370.

Our government agencies have already studied the problem and defined the solution.  Here we are, five years later, and there is still no national regulation requiring parents and landlords to install window guards in homes with small children.  We don’t even have public service announcements to educate people and draw their attention to the problem!

While safety regulations are ultimately a local issue, county, state, and federal authorities have many tools at their disposal to encourage attention and resources deal with many safety issues.  Surely there is one such tool that meets your personal standards and requirements.

Only by committing to bring attention and resources to the problem will we reduce the juvenile body count. 

The proposed “Atkin's Act: *

1. Within twelve months of recording a birth, the government office recording that birth must send a letter (or take any other cost-effective step to notify) the parents of the child informing them of the risks of not installing child-safe window guards, and information about where they can purchase window guards.  The same letter should inform them that if they are renting within a multi-family building, that their landlord is required to install such devices. In addition, oversized windows require a "limiting" bar so that the window opens no more than four inches beyond a child-safety guard.

Local governments shall be authorized to contract this service out and/or join with other localities as they see fit to control expenses.  Local governments may also choose to add other information to the mailings such as the existence of other child-safety products for the home.  Local governments may, at their option, set fees for accepting and including advertising pieces from manufacturers and/or sellers of child safety equipment to include in the notification mailing.  This option may become a means of enhancing public safety while increasing revenues, for so long as the offer is extended equally and no manufacturer or retailer is favored over any other.

2. Local (and state) governments should modify their zoning requirements to require installation of child-safe window guards in any residence occupied by children under the age of twelve.  The penalty for failure-to-comply and any requirements for inspection may be left up to local authorities or may be standardized on a state or federal level.

3. From the time a federal law is passed, states should have twenty-four months to certify their local governments have conformed to these requirements.  This time delay is to enable states and localities to determine the most cost-effective ways in which to comply with this regulation.  Any locality that does not have any residential structures of two or more stories will be exempt from this requirement.

4. Local governments shall charge either fire or police or other public department with responsibility for follow-up validation that such bars have been installed within one year of the child’s birth.  Such validation might be as simple as a drive-by observation that includes a digital photograph.  The original notification letter may request the parents photograph the windows guarded from the outside of the house and mail or email the photograph to the appropriate authority.  In that case, drive-by validations may be limited only to parents who do not send in a photograph.

5. Just as with other federal mandates, certain types of federal funding should be held in abeyance if the deadline has passed without state conformity.

6. The federal law should require that each state re-certify itself every seventh year in order to insure the letters are up-to-date and still being mailed.

7. Funding.  While the preferred funding of the notification program would be through general revenue sources, we are not opposed to a $2.00 registration fee to be levied at the local birth registrar level.  This would fund maintenance of letter text, printing, envelopes, and postage.

8. Exemptions.  Any locality that does not provide housing for children (such as certain military bases and prisons) or that does not contain any multi-story residential housing (such as many rural areas) is exempt from this law.  Any room within a building constructed with windows that are constructed not to open or which are constructed with windows that do not open more than 4 inches, or where a window opens onto a same-level child-safe deck or similar play area shall be exempt from this regulation.

9. Other uses.  On a local level, this communication path may be expanded to serve additional child-safety purposes.  Examples of such additional use might be (but are not limited to) information about improving child safety in the home by installing smoke detectors or child-safe guards for electrical outlets, to improving child safety by purchasing infant seats for the family automobile.  However, new uses of the communications path are prohibited if they detract from the effectiveness of the original intent of improving window safety or if funding for additional communications is not procured on the local level.

.

[* Named after Zaire Atkins age five, who fell to his death from a a 15 story window on August 5th, 2005.]

This letter is being sent both to multiple public figures, to news organizations, and will be posted on our web site,
www.RoombergInstitute.org  For our contribution, we promise to use the web site to recognize the replies of any public figure who send us a letter of endorsement, and also to update major newspapers and other news sources.  If you endorse our position, please email that endorsement to the address below.

The Roomberg Institute is a project of AAADC, a not-for-profit organization whose projects are educational, and bi-partisan.

If you would like to contribute to resolving this nationwide issue, please contact us at the mail and email addresses below.

Sincerely,

Leon J Roomberg

Leon J. Roomberg, M.S.,C. (Counseling)
Director
The Roomberg Institute
www.RoombergInstitute.org
16 E. Cedar Ave.
Marlton, NJ  08053
609.238.4625

 

Disclosure: As of the date of this writing (Wednesday, July 06, 2005,) we had no financial interest of any kind in any business in any way related to this issue.  Any donations or other funding received for this project from any person identifying themselves as having such an interest will be disclosed prominently on our website.  We will solicit sponsorship from ethical people and businesses interested in advocating this position on a non-partisan basis.

 

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