I’d call it out as potential danger, but I’d rather not rise the red flag, if the closing mechanism is considered enough. For me, if an occupant trips while removing the screen for seasonal cleaning the mechanism will not be enough to hold the window from fully opening. Guard rail, or different restriction product (chainwinder) recommended.
I’m probably overreacting, because I was living in CDN (town in Montreal) 15 years ago, whenever a neighbor kid pushed through the old screen and perished on the street below.
I had this when I was building a home once. In your case a Juliette balcony/rail would be needed, but because we had 2ft of mansard roof it was ok. Go figure. We put up a railing to be safe.
That covers single hung windows, but on casement windows, you would have to provide something like this to prevent the linkage from letting go, but at the same time can be released if necessary.
Tempered glass required if the bottom of the window is less than 18" above the floor.
If you see a condition that could kill a child, identify it as a safety concern, explain why it’s a concern, and recommend that it be made safe by a qualified contractor. You shouldn’t be thinking about the success of the transaction or worrying about getting more work from an agent or anyone else when a child’s life is at stake.
Really, that goes for any condition. If a child is killed because you failed to identify an obvious safety issue:
You’ll probably be found guilty of negligence;
You’ll have to live with that death on your conscience for the rest of your life.