BCS Smart Strata Fact Sheet – (Legislation Pending) New provisions for window locks (NSW) Overview Effective from 1st May 2013, there are new provisions in the National Construction Code that require new windows to be fitted either with a device to restrict bedroom windows in residential buildings from opening, or the installation of a suitable screen, such that a 125mm sphere cannot pass through. This is a measure designed to reduce the risk of young children falling from windows. The new requirement applies to newly constructed buildings and any window replacements in existing buildings. The finer details The device or screen that is now being required could have a child resistant release mechanism such that it would enable the device or screen to be removed, unlocked or overridden so that the window can be cleaned. This type of barrier is not required if the window is 1.7m or more above the floor. In their newsletter to its clients, Bannermans Lawyers have suggested that “owners of existing properties should consider installing window barriers, given the small costs involved, the improved safety for children of owners and their visitors and the reduced risk of legal liability were there a fall from a window without such a device”. Where owners wish to install such a device, if they have a by-law such as the model by-law 5, consent of the Owners Corporation would not be required unless the works would alter the appearance of the building. A number of Building Consultants have made it clear, in recent media interviews, that they have concerns with retro fitting window restrictors to old stock buildings as they neither have the glass or window frame strength to take the restrictors. Concerns have also been expressed as to whether windows in older stock buildings will take the force of a child on the glass. The suggestions emerging from these same consultants is that an Executive Committee considering retro fitting restriction devices, should receive professional advice before taking such measures. Further measures from NSW State Government? In addition to the new requirements that come from changes to the National Construction Code, the NSW State Government is contemplating taking further measures related to the matter of children and window safety. In March 2013 a consultation paper was released by the NSW Department of Finance and Services. Some of the suggestions include: making it mandatory for owners corporations of residential strata schemes to install locks and other safety devices on all windows that can be opened that are above the ground floor to limit the window opening more than 100mm; allowing individual owners the automatic right to install safety devices; and, changing the Residential Tenancies Act 2010 such that landlords cannot reasonably refuse to give permission to tenants who are parents with children, to install child safety window devices. Feedback on the proposals was due 24 April 2013 with a view to amending the appropriate legislation later in the year. Kids Don’t Fly In 2008 the Children’s Hospital at Westmead (CHW) initiated a Working Party of experts to identify measures that might curb the instances of children falling from buildings. Arising from the recommendations of the working party, the CHW published and distributed fact sheets and posters under the banner “Kids Don’t Fly”. The NSW Health Department has also adopted the “Kids Don’t Fly” slogan, as part of its Child Safety Education Campaign. In addition to fitting restrictors on windows, these groups are recommending behavioural measures, including: • Beds and other furniture are kept away from windows, so that children cannot use them to climb up to the windows; • You do not rely on flyscreens to prevent a child falling out of a window; • Children are taught to play away from windows; and, • Children are always supervised. For further information and translations into languages other than English, visit www.health.nsw.gov.au/childsaf ety Last updated: May 2013 – Legislation Pending Disclaimer: The information provided above is a general guide only and not intended as a substitute for legal advice. The company disclaims all responsibility and all liability for any expenses, losses, damages and costs which might be incurred as a result of the information provided by the company in this Smart Strata Fact Sheet. © 2013 BCS STRATA MANAGEMENT