30Window safety devices

#### 30 Window safety devices 30 Window safety devices > > (1) A building in a strata scheme is a building to which section 118 of the Act applies if the building contains lots used for residential purposes. > > > (2) A window within any such building is a window to which section 118 of the Act applies if— > > > > > (a) it is a window within the meaning of the Building Code of Australia, and > > > > > (b) it can be opened, and > > > > > (c) the lowest level of the window opening is less than 1.7 metres above the surface of any internal floor that abuts the wall of which it forms part, and > > > > > (d) that internal floor is 2 metres or more above the ground surface, or any external surface, below the window that abuts the wall, and > > > > > (e) it is a window on common property to which access can be gained from a residence in a strata scheme or a window on any part of the building that is part of a residence. > > > (3) A screen, lock or any other device is a complying window safety device for the purposes of section 118 of the Act if it— > > > > > (a) is capable of restricting the opening of a window so that a sphere having a diameter of 125 millimetres or more cannot pass through the window opening, and > > > > > (b) is capable of resisting an outward horizontal action of 250 newtons, and > > > > > (c) has a child resistant release mechanism, in the case of a device that can be removed, overridden or unlocked. > > > (4) In this clause— > > > > Building Code of Australia has the same meaning as it has in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).