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  • #11565
    Garbla
    Flatchatter

      We are seeking clarification regarding the provision of Child-Proof Locks to certain windows in residential flat buildings.

      We are intending to install key operated window locks on our double-hung windows which will be mounted to limit the window opening to 12.5cm or less as required. If there is only one window in a room we understand the need for the installation of a child proof lock. Where there are a number of windows in a room (eg. a bay window comprised of 3 double hung windows) is it necessary to install a child proof lock to all 3 double hung windows or only one? 

      Consider the scenario where each double hung window is fitted with a standard keyed lock (lock & keeper fitted to the meeting rails) which operates only when the window is fully closed. When these windows are closed and key locked then it appears to us that the child proof requirement is satisfied as the opening is limited to 0mm. Only one window is required for ventilation and that window will be fitted with a child proof lock limiting the window opening to 12.5cm when children are present. So do we need to fit all 3 double hung windows with a locking device which allows the window to be locked at maximum 12.5cm open? We do not think so given that two windows can be key locked in the fully closed position. What is your opinion?

      We are in NSW.

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    • #29137
      scotlandx
      Strataguru

        The requirement is that the lock must restrict any opening of the relevant window to 12.5 cm. The windows you refer to all need those locks, as the current ones don’t do that. The windows might be locked, but if they were unlocked you could open them more than 12.5 cm. The alternative would be to adjust those windows so they could not be opened at all.

        #29145
        Garbla
        Flatchatter
        Chat-starter

          Thank you for your response.

          I would have thought that a window key locked in the fully closed position (0 cm) satisfies the requirement that it not be open more than 12.5 cm when children are present, given that another window already fulfills the function of ventilation and it has a separate key lock limiting the opening to 12.5 cm (or less).

          I don’t think that the argument that a window key locked in the fully closed position could be unlocked and then opened more than 12.5 cm is valid. The same argument can be applied to a window that has a key lock preventing it from being opened more than 12.5 cm, if someone uses the key to unlock that lock, then that window can be opened more than 12.5 cm.

          Furthermore, it is probably more difficult for a child to unlock & open a double-hung window which is key locked at the meeting rails than one which is key locked lower down on one of the stiles to the lower sash.

          In any event, the key should not be where a child can access it and use it to open the lock (i.e. don’t leave the key in the lock or on the window sill.)

          We are still of the view that only one window in each room needs to be fitted with an additional key lock set at a maximum opening of 12.5 cm.

          Is there any reason that we are legally required to fit all windows in a room (where more than one window is present) with additional child proof locks which limit the opening to 12.5 cm when children are present, given that the windows already have key (child proof) locks on the meeting rails set in the fully closed position? 

          Note that we do not want to permanently lock our windows and that children are infrequent visitors, although this latter point is probably irrelevant.

          #29148
          Lady Penelope
          Strataguru

            The legislation mandates that all windows have a window safety device fitted in the following situations:

            1. A window within a child’s reach which is less than 1.7 m above the floor, and

            2. the floor is more than 2 m above the outside ground. 

            Those are the rules.

            No windows are exempt if they fall within either of the two situations listed above.

            #29161
            Stevecro
            Flatchatter

              Lady Penelope is correct, there no exemptions in the legislation as long as they meet relevant criteria in the Act. Until the legislation is amended to provide for exemptions (no idea whether this will happen) then ALL windows that meet the criteria will require a safety device fitted. I have heard of OC’s trying to interpret and circumvent the law, however should an incident occur, they will need to get some solid legal advice.

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