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I know that the much-publicised changes to (NSW) Strata Regulations in July 2013 to require Owners Corporations and/or Unit Owners (depending upon the media story) to by 2018 fit devices to all windows above the ground floor to prevent opening of those beyond 125mm are still in the pipeline, I can foresee some problems.
Nanny-state syndrome and parents’ responsibilities aside, vision that I’ve seen on television reports variously shows Minister Roberts holding or windows fitted with a device of a type that whilst effectively locking the window in either the fully closed or set open position (125mm), allows the window to open unrestricted to any position when the device is unlocked.
The problems I foresee relate to the device needing to be key-locked in order to be effective, possibly with a different key to each device / window, to the potential for those keys to be misplaced by residents, and moreso the fact that an unlocked window can be left open in any position; including fully open.
Wouldn’t the State Government’s objective of preventing young children from accidentally falling from open windows be better achieved by the fitting of safety-type insect screens, or at the other end of the cost scale by the permanent fixing of a piece of aluminium extrusion or a piece of wooden dowel into the track so as to absolutely prevent the window from being opened beyond the prescribed 125mm?
Hopefully the State Government’s amendments will focus on the outcome of what’s proposed rather than prescribing what O/C’s / Owners must do to comply.
Frankly though, whilst I appreciate the problem the publicised solution seems thus far ill-considered in my opinion; what about children falling from balconies after gaining access via sliding doors?
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You are so right.
I think it is just politicians grandstanding at the moment, we will have to wait and see what the legislation contains.
The media reports referred only to locks, whereas I believe the legislation for new builldings already permits bars, safety-type flyscreens or limit locks.
Let me add a few more considerations.
Will this apply to casement windows as well as sliding windows?
Will there be a minimum sill height which creates an exemption? For instance, bathroom and laundry windows.
Who is responsible for lost keys? (The LPI definition of Common Property says the Owner, not the OC).
If the window is locked open 12.5cm, then the occupier loses the key, then it rains, who is responsible for damage to common property?
As you rightly say, children can fall from balconies too, and as balconies can only be accessed via sliding doors, why not extend this to sliding balcony doors?
When smoke alarms became compulsory in existing buildings, the obligation was not loaded onto the OC. Owners were individually responsible. Why should window locks be any different?
Then there’s the cost. Yes, insignificant compared to a child’s life. But, Westmead Childrens Hospital says $5 per lock. The recent media release says $15. Neither includes the services of a locksmith to install them. This could turn into another pink batts / solar panel rort.
I know, let’s give the OC more responsibility and more worK.
@Kangaroo said:
When smoke alarms became compulsory in existing buildings, the obligation was not loaded onto the OC. Owners were individually responsible. Why should window locks be any different?
There is one significant difference – windows are common property and therefore it’s easier to mandate for universal changes than telling individual owners to do it then have to check up on them. That’s one reason strata blocks have been fast-tracked on this while two and three storey houses have been left alone for the time being.
On the question of balconies, there may be legislation at some point to prevent planters being placed next to balustrades, making it easier for kids to climb up and fall over.
If you are interested, you can download the Fair Trading discussion document HERE.
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.
Obviously kids falling through windows is truly awful but I have to wonder where parental/owner/tenant responsibility comes into things? Is it really the government’s and the OC’s responsibility to stop it happening? I don’t have children but when I purchased my top floor flat, I cut pieces of dowel and put it into the window runners (on all windows) as well as installing window locks (so the accessible ones could be locked partially open). I also installed a bolt lock on my balcony sliding door. I did this for the rare occasions that my nieces and nephews visit – because it was the sensible thing to do…
If I can do that for the few visit a year from my relatives, why can’t parents, whose kids are there all the time, do the same thing? Surely its just common sense and good judgement?
What about residents who never have kids over – should they have to take all the additional measures as well? I just can’t see why parents should not be responsible for organising these safety additions but it should be sorted by the OC’s (which will really mean the EC’s).thank you NSW Fair Trading for thinking of the children – excellent job !
now – further to this admirable aim – I plan to advise the NSW State government and RTA that I will hold them responsible for any child who is injured or killed crossing a road – clearly it is their responsibility to ensure the safety of children in this high-risk area – please can they provide me their bank account number from which I can deduct the appropriate funds for damages from any failure on their part to provide a safe environment.
Looking forward to a safer environment where we can all ‘think of the children’.
@Bennifer said:
Obviously kids falling through windows is truly awful but I have to wonder where parental/owner/tenant responsibility comes into things? Is it really the government’s and the OC’s responsibility to stop it happening?“parental responsibility” is a wonderful concept, but it doesn’t seem to happen too often.
How often do we read about kids drowning in backyard pools, kids being run over by cars in driveways, (sometimes drunk) drivers with unrestrained kids in the car, kids with burns or scalds from playing with kitchen utensils while parent is cooking, etc, etc? Recently I noticed a couple of toddlers playing at the top of an escalator in a shopping centre; I found the parents sitting nearby having a coffee, when I pointed out what was happening the response was simply “we told them not to play there, but they don’t take any notice” and they just carried on with their conversations.
Sadly Government and other third party intervention is necessary to compensate for the growing minority of parents who don’t understand or don’t care about risks.
I wanted to re-enliven an old post as I am a new strata owner in NSW and am looking to renovate/ refresh old wooden sash windows but am confused about the actual requirements around window limiters.
We have all the approvals required from the owner’s corporation but now, when trying to buy new window hardware, I have found that a lot of online information says a lot but does not get into any specifics.
Does anyone on this forum have recommendations for simple guidelines on what must be installed, or for lock products that do not entirely ruin the look of a window?
At the moment I enjoy opening my windows for nice, cooling cross-ventilation, and would rather not go overboard in trying and meet this new requirement.
I live in a complex with four two storey town houses. All our windows have window locks so they can be secured in the fully closed position. Are we also required to install window opening limiters, so windows can be locked at 12.5cms?
Our strata manager says that we do and obtained a quote for $1580.17 which we voted against. None of us have young children either in residence or as visitors and view this as an unnecessary expense when we have existing locks. The legislation talks about maximum opening, but doesn’t mention minimum opening (closed) so it is not clear whether our locks comply, although we believe they should.
@AJP said:
I live in a complex with four two storey town houses. All our windows have window locks so they can be secured in the fully closed position. Are we also required to install window opening limiters, so windows can be locked at 12.5cms?An owners corporation will be required to install safety devices that allow windows above the ground floor to open to a maximum width 12.5cm when the lock is engaged
I read this as the lock must allow a max of 12.5cm opening but if the opening is 0cm it still complies so no I don’t believe you need do anymore. You also have until 2018 before this becomes mandatory anyway.Reading through the information released by various “interested” bodies on this subject is becoming very confusing. Some sites refer to “windows” (suggesting all windows), others restrict it to “bedroom windows”. Another site suggested sliding balcony doors would also need to limited.
@kiwipaul said:
I read this as the lock must allow a max of 12.5cm opening but if the opening is 0cm it still complies so no I don’t believe you need do anymore. You also have until 2018 before this becomes mandatory anyway.
That is my interpretation also, but our strata manager says I’m wrong. He is also putting a lot of pressure on us to do it now, because “it will be more expensive in 2018”. He got quotes and sent them out to be voted on even though we told him not to. I don’t know why he is so desperate for us to have them installed.
The two storey townhouses are outnumbered by single storey villas in the complex and they could vote it in next time he brings it up because it doesn’t effect them. I really do not want another lock on my windows, especially the one the SM is pushing for, as my vertical drapes wouldn’t sit flat and would catch on it when they are opened and closed.
AJP – I’m sorry, but I disagree and consider that your Strata Manager is correct. What do you think would result if your Owners Corporation accepted your suggested approach to locks on first floor windows, and after some change to your Plan’s occupancy profile a child was able to open wide just one of those normally closed windows and an accident ensued?
I don’t know how many windows in the two-storey Lots are involved, but as compliant devices that can be fitted without tools retail from around $5.00 each, why would your O/C want to risk not doing precisely as the Act prescribes?
So by all means tell your Strata Manager to obtain some more quotations, and if votes by the Owners of the single-storey villas carry a resultant Motion, then just thank them sincerely because they’ll be contributing via their Levy Contributions to the costs of devices for which they’ll likely derive no benefit!
Boronia – after reading all the posts here I don’t know what’s confusing about the term “all windows” if read in conjunction with the following diagram as produced by the NSW Department of Fair Trading:
@AJP said:
The two storey townhouses are outnumbered by single storey villas in the complex and they could vote it in next time he brings it up because it doesn’t effect them. I really do not want another lock on my windows, especially the one the SM is pushing for, as my vertical drapes wouldn’t sit flat and would catch on it when they are opened and closed.
I still believe you are correct and having to install a second lockable device is ridiculous. So advise the other owners that you won’t be paying because it’s common property and Strata are liable for the cost of an unnecessary device. Also as the device is not required before 2018 the act might be repealed or changed before then.
If they still pass the motion inform the SM that unless he obtains an adjudication ruling you will not permit access to your property to have this extra device installed and ask them to minute this refusal. If they take it to adjudication it will cost thousands (if SM runs with it and the strata will have to pay). Even if you loose they cannot claim the costs back from you and it will cost you virtually nothing except to write a letter stating that you already have locks on the windows and extra locks aren’t required.
You will only be possibly liable for costs if you refuse to comply with the adjudication order which at worst will tell you to allow the locks to be fitted.
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