QLD Child Injury Falling From Unrestricted Open Window

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2 October 2019
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Hi All. Declaration: I own a business in the security screen and door market in Qld.

Property owners are removing the second story or higher window opening restrictors once a new home or unit has been signed off as compliant with the building code of Australia. Refer to Clause D2.24 of BCA Volume One, and Clause 3.9.2.5 of BCA Volume Two. https://www.abcb.gov.au/-/media/Fil...n-Training/Advisory-Note-Openable-Windows.pdf

These window opening restrictors are available in two forms - child-resistant restrictors (which an adult can remove) and non-removable (most of which can still be removed using tools). Which ones are used is dependant upon a number of factors but mainly the height of the window from the ground. see https://starlinesecurity.net.au/sha...ll-Prevention-openable-windows-Flow-Chart.pdf

My questions are: Is it illegal for people to remove these window opening restrictors? What will happen to the owners of these properties should a child be injured or die from a fall out of these open windows when a property owner admits or is found guilty of, intentionally removing either the child-resistant or the non-removable window opening restrictors?

I have been to hundreds of new homes where the property owners, or tenants, have removed the restrictors on windows and have no intention of ever putting them back in. When I point out that these restrictors, or a safety screen - which I sell - are needed to ensure their home is compliant with the building code I am met with derision and told I am just there to try to sell them some screens. I do want to sell my safety screens (and legally remove the window restrictors by giving them a QBCC form 15 and form 16 stating their windows are now compliant). However, my issue is: If it is not illegal to remove these restrictors why bother with this building code at all. Is it illegal for homeowners or occupiers to remove these restrictors? I do not want to tell my clients anything that is not 100% true.

Ben Morris - Starline Security
 

Rob Legat - SBPL

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Without digging through the building requirements, let me give you an alternate view that might affect them better.

Home insurance includes public liability coverage in case someone comes in and injures themselves. If a child comes on their property and falls out of a window from which they’ve removed a safety device mandated by the Building Code, do you think the insurer is going to cover them? Not a chance.