By Anne Wardell, Compliance Quarter.
Owners corporations must ensure that all windows fitted to common property, above the ground floor, comply with the window safety devices legislation by 13 March 2018. This is a mandatory requirement which is imposed on the Owners Corporation.
It is contained in the Strata Schemes Management Act 2015 (NSW) (SSMA) and the Strata Schemes Management Regulation 2016 (NSW) (SSMR).
Section 118 of the SSMA sets out the requirements for window safety devices – child safety. Rule 30 of SSMR provides information regarding what is a building, window and screen for the purposes of s 118.
Note that subsection 118(4) of the SSMA applies to an owner of a lot who installs a window safety device. If the owner installs the device then he or she will be responsible to repair any damage caused by the installation and ‘ensure that the device is installed in a competent and proper manner and has an appearance, after it has been installed, in keeping with the appearance of the building’ (s 118(4)(b)). The owner is also required to provide notice of the installation of the window safety device to the owners’ corporation within 7 days after completion of the installation.
Further information is available on the Window safety devices requirements page on the NSW Fair Trading website.
