Special By Law – Installation of Child Window Safety Devices

Is this special by law really necessary?

 

SPECIALLY RESOLVED pursuant to section 141(1) of the Strata Schemes

Management Act 2015 that The Owners – Strata Plan No. XXXX make a by-law

adding to the by-laws applicable to the strata scheme in the following terms:

 

SPECIAL BY-LAW NO. Installation of Child Window Safety Devices

 

PART 1 – PREAMBLE

1.1 This by-law is made pursuant to Division 2 of Part 7 to the Act.

1.2 It is made for the purpose of the control, management, administration and

use of the common property for the strata scheme.

1.3 Its principal purpose is to provide additional security and safety for the

residents of the strata scheme by providing the Owners Corporation with

the power to:

(a) install Child Window Safety Devices; and

(b) to impose conditions on the operation, use, repair, maintenance

and replacement of the Child Window Safety Devices.

1.4 The Child Window Safety Devices will be installed on any openable

window where:

(a) the lowest window edge is less than 1.7 metres above the inside

floor surface of the Lot; and

(b) when the drop from the internal floor surface level to the external

surface beneath the window is two metres or more; or

(c) any legislative requirement that amends or replaces sub-clauses

1.4(a) and/or (b).

PART 2 – GRANT OF POWER

2.1 Notwithstanding anything contained in any by-law applicable to the strata

scheme, the Owners Corporation shall have the following additional

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powers, authorities, duties and functions to install a Child Window Safety

Device on Non-compliant Windows and to impose conditions in relation to

its operation and use.

PART 3 – DEFINITIONS & INTERPRETATION

3.1 Definitions

In this by-law, unless the context otherwise requires:

(a) Act means the Strata Schemes Management Act 2015.

(b) Authority means any government, semi-government, statutory,

public or other authority having any jurisdiction over the Lot or the

Building including the local council.

(c) Building means the building known as The Harvard situated at

237 Miller Street, North Sydney.

(d) Child Window Safety Device means the installation of:

(i) a device which allows a window to be locked with a

maximum opening of 125mm;

(ii) the installation of a security screen that is capable of

resisting a lateral load of 250 newtons or more; or

(iii) any legislative requirement that amends or replaces subclauses

3.1(d)(i) and/or (ii),

to Non-compliant Windows.

(e) Non-compliant Window means any openable window in the

building where:

(i) the lowest window edge is less than 1.7 metres above the

inside floor surface of the Lot; and

(ii) the drop from the internal floor surface level to the external

surface beneath the window is two metres or more; or

(iii) any legislative requirement that amends or replaces subclauses

3.1(e)(i) and/or (ii).

(f) Lot means any individual lot in strata plan 56005.

(g) Owner means owner of a Lot.

3.2 Interpretation

3.2.1 In this by-law, unless the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) any gender includes the other genders;

(c) any terms in the by-law will have the same meaning as those

defined in the Act;

(d) references to legislation include references to amending and

replacing legislation; and

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(e) where a term of the by-law is inconsistent with any by-law

applicable to the strata scheme, then the provisions of the by-law

shall prevail to the extent of the inconsistency.

PART 4 – INSTALLATION OF CHILD WINDOW SAFETY DEVICE

4.1 The Owners Corporation shall install a Child Window Safety Device to

every Non-compliant Window.

4.2 The Owners Corporation must abide by the by-laws applicable to the strata

scheme and all directions, orders and requirements of any Authority

relating to the erection of the installation of the Child Window Safety

Devices and must be responsible to ensure that the respective servants,

agents and contractors of the Owners Corporation comply with the said

directions, orders and requirements.

4.3 The Owners Corporation must ensure that the provisions of the Building

Code of Australia and Australian Standards are, so far as relevant,

complied with.

4.4 The Owners Corporation must comply with the Home Building Act 1989

where relevant.

4.5 The installation of the Child Window Safety Device must be carried out in a

proper and workmanlike manner.

4.6 The Child Window Safety Device must comprise materials that are good

and suitable for the purpose for which they are used and must be new.

4.7 The Owners Corporation may, if it chooses to do so engage a third party

contractor to perform the duties and functions of carrying out inspections,

advising on work required and undertaking the installation of the Child

Window Safety Device.

PART 5 – ACCESS

5.1 The Owners shall, from time to time, upon reasonable notice being

provided to an Owner or occupier, permit the Owners Corporation in

accordance with its power under sub-section 122(2) of the Act, to access

the Lot for the purpose of:

(a) installing the Child Window Safety Devices; and

(b) determining whether the Child Window Safety Devices require any

maintenance, repair or replacement.

5.2 The Owners Corporation acknowledges and agrees that it will be liable for

any damage to the contents of the Lot arising out of the access to it, in

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accordance with clause 5.1.

PART 6 – MAINTENANCE, REPAIR AND REPLACEMENT

6.1.1 The Owners acknowledge and agree that:

(a) they will reimburse the Owners Corporation for all costs of any

repair or replacement of the Child Window Safety Device if it is

removed, replaced, or in any way damaged or defaced by the

Owner or any occupant of the Lot; and

(b) the cost of repair and replacement, if not paid in accordance with

clause 6.1.2(c) of this by-law, will bear until paid, simple interest at

an annual rate of 10 per cent or, if the regulations provide under

the Act for interest on overdue levy contributions for another rate,

that other rate, and the interest will form part of that debt.

6.1.2 The procedure by which maintenance and repair is to be carried out, is as

follows:

(a) the Owners Corporation (or its duly authorised contractor), in

accordance with its inspection under clause 5.1, will inspect the

Child Window Safety Device that requires repair or replacement;

(b) Upon determining that the Child Window Safety Device requires

repair or replacement, the Owners Corporation (or its duly

authorised contractor) will arrange for the it to be repaired or

replaced, as required;

(c) If the Owner or any occupant of the lot has damaged the Child

Window Safety Device, upon completion of the repair or

replacement, the Owners Corporation will provide a copy of the tax

invoice for such repair or replacement to the Owner; and the

Owner must reimburse the Owners Corporation within seven (7)

(d) days of the receipt of the tax invoice, for the sum of that invoice.