This legislation has been repealed.
(1) A building in a strata scheme is a building to which section 64A 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 64A 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 1.7m above the surface of any internal floor that abuts the wall of which it forms part, and(d) that internal floor is 2m or more above the surface of 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 64A of the Act if it:(a) is capable of restricting the opening of a window so that a sphere having a diameter of 125mm 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 .