Balcony baby safety rules for apartments and condos are being updated as part of the new regulations, but some apartments have still not fully embraced the rules.
The new rules, which take effect Dec. 1, come after a rash of balcony deaths, including one in Florida in which a baby boy died from hypothermia.
In July, a New York City apartment complex became the latest to announce that it would no longer allow children under the age of three in its balconies.
A year ago, a Florida couple who rented out their apartment in a balcony and had two young boys fell to their deaths from their balcony.
And last month, a Texas man died of hypothermic shock after falling from a balcony.
The latest rule, adopted after a spate of balcony death reports, states that a balcony with a child under the same age can be safely used if it is used with the proper ventilation, proper safety protocols and the presence of a child safety attendant.
A number of other states have also recently adopted similar policies.
New York state recently passed a law to require balconies with children to have a child rescue crew in place, and New Jersey’s attorney general has proposed a bill that would ban children under three from being in a balconie with their parents.
“It is important to understand that no child should be left alone in a space that is unsafe, unsafe, or dangerous for them to be in,” the bill’s sponsor, Assemblywoman Michele Fiorentino, said in a statement.
“Children can and do suffer from hypoxic injury, and their safety should not be dependent on the comfort of a balcony or the presence or absence of a safety aide.”
A recent ABC News analysis of data on fatal balcony accidents across the United States found that the majority of deaths were caused by the presence, lack of, or use of a baby booster.
In New York, the study found that between 2008 and 2016, children under 3 years old were the main victims of a fatal balcony accident, accounting for nearly half of all deaths.
The number of fatalities rose from 12 in 2016 to 18 in 2017, and the number of infants under the 14-year-old age bracket doubled from 8 to 11.
More than 40 percent of balcony fatalities were caused in New York State.
In the Florida case, the toddler died of heat exhaustion in a room that had a balcony, the ABC News report said.
“He was not alone,” Fiorettino said.
“(The boy’s mother) was able to put the baby down and resuscitate him.
It was the safest way for the baby to be taken care of.”
But the ABC report also noted that a child-safety team is not required to be present in all balconies, and that children younger than six are not required.
“The New York law does not specify whether children younger in age are allowed in balconies where a child is not present,” the ABC news report said, adding that New York’s law only applies to apartments and condo complexes.
“Some balconies are clearly marked with a ‘no children’ sign, but other balconies do not have a sign,” the report added.
A New York city official who asked to remain anonymous said the state is taking steps to ensure the safety of its residents, but that there has been no real progress toward implementing the new rules.
“There has been little progress with the public and the public does not believe there is a problem with children in balconie apartments,” the official said.
A spokesperson for the New York Public Library declined to comment.
“New York City is a city of children, and we are taking steps every day to ensure that children are safely housed and cared for,” the spokesperson said in an email.
“While we are committed to ensuring that all our residents are safe and are provided with a safe environment, we cannot comment on individual cases.”
ABC News’ Ben McQuade contributed to this report.