It is important to note at the outset that the plaintiff does not claim that the absence of devices which either control the degree to which a window can be opened, such as stops, or guard against anyone or anything from falling from the window, such as bars or grates, rendered her apartment “unfit for habitation.” See 105 Code Mass. Regs. § 410.022 (1986).3 Additionally, there is nothing in the sanitary code which mandates that apartment windows be outfitted with such devices. Rather, the plaintiff relies upon 105 Code Mass. Regs. § 410.023 (1986). That section provides that a “condition which may endanger or materially impair the health or safety and well-being of an occupant means the existence of a condition listed in 105 [Code Mass. Regs. §] 410.750 of this Code or any other condition so certified by the board of health to be a violation, which may expose or subject to harm, the health or safety and the well-being of an occupant or the public” (emphasis original). The condition complained about by the plaintiff is not listed in § 410.750, and there is nothing in the materials before us to show that it is a condition certified by the board of health to be a violation. The plaintiff argues, however, that because the absence of stops or guards endangered and materially impaired her health and safety, the failure to install them was a breach of the implied warranty of habitability.