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Have others had his experience? After extensive searching it has been difficult to find examples of by-laws relating to the installation of child safety locks. All schemes must be looking at this as the deadline is rapidly approaching.
Can anyone point me to the wording for a simple effective by-law to provide the OC via the SC with the right of entry etc to arrange for the installation of the locks, as legally required, on all windows where they are needed, at the OC expense.
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In my opinion you don’t need a by-law as the power to enter a Lot to install a window lock is provided in [s122(1)(a)] of the SSMA 2015.
122 Power of owners corporation to enter property in order to carry out work
(1) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:
(a) work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),
(b) work required to be carried out by the owners corporation by a notice given to it by a public authority,
(c) work required or authorised to be carried out by the owners corporation by an order under this Act.
(2) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.
(3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.
(4) In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of the Tribunal under this Division.
(5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.
Maximum penalty: 5 penalty units.
(6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.
It is a good idea for the OC to obtain a compliance certificate for the window locks and their installation for each and every Lot for insurance purposes. These should be kept on Record. See here for information from lookupstrata:
https://www.lookupstrata.com.au/guide-window-locks-legislation-nsw/
An interesting addition to the topic. Our strata recently approached two firms to install locks that meet the requirements of the new laws. On both occassions we were told they would only quote to fit ‘permanent’ restrictions on the windows.
This was to be done by fixing aluminium angles or wood to the windows to ensure that they could not be opened more than 12.5cm ever.
On each occassion I referred the firms to the following “question and answer” on DFT’s web site at: https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Window_and_balcony_safety/Window_safety_device_requirements.page
“Will this mean the windows will never be able to open?No. A window lock that allows the window to be fully opened, fully closed and also locked at 12.5cm complies with the legislation. When children are in the apartment, or on all common access areas such as stair landings, it makes sense to engage the locks at 12.5cm or less at all times to prevent falls.“I told the firms that we wanted locks. Despite this they refused to quote to install locks. Our search for a firm that will fit locks continues!
I must admit that at first I too thought that the new window laws would permanently mandate a 12.5 mm opening. I am very pleased that this is not the case.
Perhaps the window installers that you have approached also had the same interpretation and have bulk bought these permanent locks which they are now trying to off load on to schemes that are not so knowledgeable.
Would it be worth your scheme buying good quality locks that suit your purpose and then pay a certified trades person to install the locks that your scheme has purchased? Or you could just keep on looking for a company that has actually understood the ramifications of the new laws.
Lady Penelope is correct in that an OC doesn’t require a by-law to enter a lot to install window locks as the legislation already allows for the OC to carry out work to common property, and owners must allow access. Window locks would be common property as they are attached to the windows which are common property in most schemes.
If you aren’t happy with a window installers opinion, simply go to another one. As Lady Penelope pointed out, it may be an idea to source a compliant lock yourselves then engage a lock smith to install them.
I would have been horrified if the locks were permanent! Given I rent an apartment and I live on my own with no children, I would not have liked to be unable to open my windows fully, particularly given my living room gets to a balmy 32-33 degrees in summer and my landlord does not want to install air conditioning. My building installed their locks a few weeks back and, whilst they are ugly and stick out against the blinds, at least I can open my windows fully during summer nights.
I hope you find a company that will install the locks in way that those residents who do not have children, can still enjoy some fresh air! They’re definitely out there.
We are using these locks: Doric DS255 Sliding Window Limiter. They are currently being installed throughout the building.
@FNL said:
We are using these locks: Doric DS255 Sliding Window Limiter. They are currently being installed throughout the building.I wonder if these actually comply with the regs as they allow the lock to be completely removed.
In fact, in the ad it says “…however there may be a requirement for a combination of hardware items to meet requirements as set in the National Construction Code.”
However, the regs say this:
A screen, lock or any other device is a complying window safety device for the purposes of section 118 of the Act if it:
(a) is capable of restricting the opening of a window so that a sphere having a diameter of 125 millimetres or more cannot pass through the window opening, and
(b) is capable of resisting an outward horizontal action of 250 newtons, and
(c) has a child resistant release mechanism, in the case of a device that can be removed, overridden or unlocked.That suggests to me that the lock may well be OK – but if a lock that can be unlocked and tossed in a drawer is compliant, what’s the point?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I can understand your concerns JT but these two videos contain a locking mechanism for sliding windows that appears to be similar in type to those being installed in FNL’s scheme. They too can be removed and ‘thrown in drawer’ after removal with an Allen key. These types of window limiters appear to be sanctioned by Fair Trading as the videos are on their web site.
I may be wrong but I think that the Office of Fair Trading are more concerned that a child cannot easily remove the lock once it is installed, hence the need for a key or Allen key to remove or override the lock.
https://youtu.be/xLlINRKbnVY?list=UU8O15SNsdBG_suQ0M3oAQkQ
https://youtu.be/5yTUUWp4n3o?list=UU8O15SNsdBG_suQ0M3oAQkQ
It is a bit confusing though.
I guess they don’t want to be ‘nanny state’ about it. If you have window locks, remove them and chuck them in a drawer, then your kid falls out of the window, you have no one to blame but yourself.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
You are spot on there Jimmy, I suppose the government cannot control everything and cater for every possible scenario. If a lot owner/occupant decides to remove a lock, that is a decision they have made as an individual.
There is always going to be situations that are outside the control of the OC. As long as the OC does their due diligence and installs complying locks by the date in the legislation, that’s all that matters.
Even if the law stipulated that locks are to be ‘non-removable’, someone will always find a way around this. As they say, ‘where there is a will, there is a way’.
The hideous locks installed in my unit look liked this. The the cord bit dangles out when it’s unlocked.
After March 2018, will it be illegal to override the safety device & leave the window open by more than 125mm if there are no kids in your unit. If so will there be a Singapore style mosquito police to enforce the law, will there be fines, eviction of tenants, & spiteful neighbours dobbing each other in.
I am a tenant & received a letter from the strata manager that I would be charged [fined] $150 + GST if I did not grant access to my unit to fit the child safety device at the date & time nominated by the contractor, is that legal ?
I have also been asked to grant access to my unit about 10 times in the last year for fire alarm tests, inspections etc by the strata manager & agent. Is there a limit to the number of times they can do this ?
Response to Watchman’s comment 14: If there are no children on the premises then the child lock can disengaged and the window opened in a normal manner. However, the locks must be engaged and the opening restricted to the legal limit whenever children are on the premises.
Response to Watchman’s comment 15: You are obliged to grant access to the Owner’s corporation for the installation of the child locks and for all of the necessary safety checks. These checks are for your benefit and for the safety of all other people in your building.
However, checks by real estate agents are a totally separate matter. If you have an issue with the number of checks by your real estate agent then this is a matter you would need to take up with them, or through the Office of Fair Trading mediation process etc.
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