Background to Laela's Law

The Minnesota Senate recently passed a window fall prevention law known as Laela's Law, which aims to stop injuries and deaths due to children falling through open windows. The law, which comes into effect this year, is the first in the Nation to address the problem of improving window safety to prevent falls.

Laela's Law is based on the new ASTM F2090-2008 and 2010 standard, which has been adopted by the International Construction Council (ICC). The ICC code is expected to be rolled out state by state.

The measure was dubbed "Laela's Law" after a two year old who fell through the screen of a fourth-floor apartment in a nearly new building. Senator Linda Berglin said that it requires the State Building Code to be updated to mandate fall-prevention devices on windows that are used on residences.

Owners of apartment buildings and those involved in the multi-housing industry have a duty to care for their tenants' safety. Laela's Law applies to new building and remodelled/replacement windows, however children are still falling out of existing windows, which presents a huge potential liability to the property owner.

Minnesota making history

The worst thing about these injuries and deaths is that they could have been easily and cheaply avoided using a simple window safety latch. The state of Minnesota recognizes this and is leading the cause.

Education program

Minnesota is also setting up a program to educate parents and caregivers of young children about window safety. It's not enough to depend on construction and technology to prevent falls. People who care for kids need to be aware of the limits of windows and screens.

Laela's Law

In summary, Laela's Law is a state-wide window safety law in Minnesota that will come into effect on 1 July 2009 and the intent of Laela's Law is to provide rules that require devices to prevent children from falling through windows to save them from severe injury or death.

1303.2300 WINDOW FALL PREVENTION

Draft language revised 9-22-08

Subp. 1 Scope. The provisions of this section shall govern the requirements, methods and devices used to provide window fall prevention for the occupancy uses under 1303.2300 subpart 2.

Subp. 2 Occupancies. In new buildings, window fall prevention methods and devices shall be provided in the following occupancies

a) apartment houses and condominiums
b) hotels
c) motels

Subp. 3 Window fall prevention required. Windows that are required to comply with 1303.2300, subpart 2 shall be equipped with window fall prevention screens, guards, or other devices that comply with ASTM F 2006 or ASTM F 2090.

Exceptions
a) Fixed, non-operable windows.
b) Windows located in basements.
c) Windows located in the first story above grade plane.
d) Operable windows in which the opening of the window in any position does
not permit a 4-inch diameter sphere to pass through the opening.
e) Windows in which the bottom of the sill is more than 42 inches (1,067 mm)
above the finished floor.

Subp. 4 Building additions; addition or replacement of windows. When building additions are undertaken or when windows are added or replaced, window fall protection shall comply with 1303.2300, subparts 2 and 3.

ASTM International

For further information on the new ASTM F2090-2008 and 2010 standards, please contact ASTM International.