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Bannerman’s has just sent out an update – there will be new regulations in NSW requiring the OC to organise regular window lock inspections. Here we go again – a whole new industry of window-lock inspectors will arise, with ridiculous costs for what they actually do and inflated quotes to provide upgraded locks where required. Annoyed owners having to take time off work for window lock inspections in addition to fire safety inspections. And how many lives were lost last year to people falling out of apartment windows?
Victoria has something similar for a range of safety concerns in strata. Landlords have to confirm that everything meets the required standard before they sign a lease with a new tenant.
More cost = upward pressure on levies = upward pressure on rents. How exactly is this helping with the cost of living?
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You can read the Bannermans summary of the window lock regulation changes HERE.
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In 2017, we paid $1,709.40 to install child safety locks in eight homes. Someone showed me the lock. It looks like the “Ikonic Sliding Window Lock aluminium – 2 pack” which sells for $3.40 at Bunnings.
We were ripped off.
Furthermore, two of the owners were not at home at the time of the installation. A “call back fee” of $270 was charged for EACH home.
It is so unnecessary. Have they considered that children could fall off a balcony as well?
As far as I recall, the regulation only requires that locks be fitted, not that they be used. But the legislation does take care of situations where the landlord or rental agent never gets round to fitting them, or making sure they have been fitted, by passing the responsibility to strata schemes.
On the question of balustrades, the wire and post arrangement was probably in breach of local planning laws, largely because the owners could not guarantee that no child would ever be in the apartment unsupervised. And I recall a retired coucil inspector writing to us years ago to point out the planter boxes next to balustrades were illegal for exactly that reason.
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I can see both sides of this argument.
As a Tassie owner, I’m curious about what the actual standard is that the locks must comply with. Is it a national standard or a state one? Does anyone have that link?
Gee Tina got off well! My strata at the time was charged over $3,500 for fitting locks from Bunnings (@$3.40) per 2 pack, to ten apartments.
Then my tenants took them with them when they moved out so I had to replace them myself.
This link quotes outdated (2013-18) legislation and not the new changes. Can we have some clarity of who may do the inspections? Surely it’s not like fire safety inspections where detailed specialist knowledge is required?
What I’m suggesting is that an OC themselves can be authorised to arrange for the inspection (and replacement) once a year. This could be delegated to a building manager, or if none, a committee member (which would be ideal for the many small blocks). Obviously there would need to be evidence that this has been done.
This link quotes outdated (2013-18) legislation and not the new changes.
That may be because the old legislation is still in force and the new rules are being held up by horsetrading in the upper house where the minor parties can hold up important legislation by making demands for concessions on other legislation that has nothing to do with strata law.
You can see a summary of the proposed changes on the Bannermans website. In essence, they will pass responsibility for inspections to the strata committee but they will demand a regular inspections schedule.
It’s not just window locks. I’ve been told that the new regulations on compulsory training are not strictly legally enforceable because the laws behind them have not been passed yet.
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I can see both sides of this argument. As a Tassie owner, I’m curious about what the actual standard is that the locks must comply with. Is it a national standard or a state one? Does anyone have that link?
This from AI: Treat with caution and refer to original quoted sources.
Australian building codes require childproof window locks or safety screens on high-risk windows where a fall is possible from a height.The rules are set out in the National Construction Code (NCC) and apply across Australia to prevent accidental falls by young children. [1, 2]Where Window Locks Are Required- In bedrooms: The internal floor is 2 metres or more above the ground outside.
Technical Requirements for LocksAccording to the ABCB Advisory Note on Protection of Openable Windows, approved devices must meet strict performance standards: [1]- Opening limit: The lock must restrict the window opening to a maximum of 12.5 cm (125 mm) so a young child cannot fit through.
- Strength test: The device must withstand an outward horizontal force of at least 250 Newtons (25 kg).
- Release mechanism: If the window can be opened fully past 12.5 cm, the lock must feature a child-resistant release mechanism. This requires a key, a tool, or a coordinated two-handed action to release.
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What I’m suggesting is that an OC themselves can be authorised to arrange for the inspection (and replacement) once a year.
This is exactly what will happen. It’s about the frequency of the inspection, rather than the person inspecting (although there may well be a requirement in the regulations). This is what the proposed amendments to the legislations say:
Section 118 Window safety devices—child safety
Omit “5 penalty units” from section 118(1), penalty. Insert instead “50 penalty units”.
[71] Section 118(1A)
Insert after section 118(1)—
(1A) An owners corporation must—
(a) properly maintain the window safety devices and keep the devices in a
state of good and serviceable repair, and
(b) without limiting paragraph (a), ensure the window safety devices are
inspected in accordance with the regulations.
Maximum penalty—50 penalty units.It’s worth noting that the proposed maximum fine for breaches has gone up from $550 to $5,500
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Apparently around 10 children each year are hospitalised because of falling from windows in NSW. The introduction of child safety window locks has significantly reduced the number of deaths and injuries. The continuing accident rate is why the law has been updated to require the Owners Corporation to check the locks are installed and working. Anecdotally, a lot of the window opening limiters have been removed or broken since they were installed when the law changed, and the change to the law establishes that the OC is responsible for ensuing the window opening limiters function properly, when previously, they could avoid responsibility because some window locks were installed by the lot owner (who was then responsible for their maintenance), but now (or soon), the OC will have that responsibility. Window locks are checked when a Unit is rented, already.
The regulations detailing how the inspection will occur have not been published, so we don’t know how often the inspections will need to occur. But at a guess, the window locks can be added to the annual inspection of smoke alarms inside Units, and can be done by the same people, once they are trained.