As you may be aware, owners corporations are responsible for ensuring that all above ground windows must have safety devices installed by 13 March 2018 (see Schedule 3, Clause 13 of the Strata Management Regulation 2015 (NSW) ('Strata Regulation 2015')). Given that the deadline is now only around 4 months away, and further noting the influx of work experienced by dedicated window safety compliance tradesmen, it is of the utmost important that all strata plans that have yet to fit child safety devices prioritise this requirement by scheduling an audit or installation as soon as possible. This is especially so for larger buildings in which this process can take a relatively long time, including obtaining quotes, provision of contract, scheduling installation and notifying residents, and so on. At the bare minimum, strata managers should be vigilant and include a motion in the next quarterly/annual meeting to discuss and initiate this process.
As per Clause 118(1) of the Strata Regulation 2015, owners corporations are under a strict duty to fit such devices: "must ensure there are complying window safety devices" (emphasis added). A failure to do so may result in a maximum penalty of 5 penalty units (equivalent to $550), in addition to any potential civil liability/claims should there be any injuries/death as a result of failing to install compliant safety devices. Further, any interested person (e.g., owner or tenant) may apply to the Civil and Administrative Tribunal after the compliance date to order the owners corporation to comply with Clause 118.
Feel free to e-mail or call one of our technicians on firstname.lastname@example.org or 0410 061 851, and we would be happy to provide further information and provide a quick quote for supply, installation, testing and certification of safety devices. For further information, please consult the relevant laws or the NSW Fair Trading website.