Inneed Of A Fence.

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The Governor in Council makes the following Regulations:

Dated: 20 December 2001

Responsible Minister:

JOHN THWAITES

Minister for Planning

HELEN DOYE

Clerk of the Executive Council

1. Objective

 

The objective of these Regulations is to amend the Building Regulations 1994 to prescribe matters relating to the construction, installation, maintenance, operation and use of fences and other barriers for swimming pools and spas.

2. Authorising provisions

 

These Regulations are made under sections 9, 15A, 261 and 262 of the Building Act 1993.

3. Commencement

 

(1) These Regulations (except regulation 9) come into operation on 21 December 2001.

 

(2) Regulation 9 comes into operation on 1 July 2002.

4. Principal Regulations

 

In these Regulations the Building Regulations 1994[1]

 

are called the Principal Regulations

5. Exemptions

 

(1) In Table 1.6 of the Principal Regulations, in paragraph (c) omit "constructed on or after 8 April 1991".

 

(2) In Table 1.6 of the Principal Regulations, paragraph (g) is revoked.

 

(3) In Table 1.6 of the Principal Regulations, in paragraph (h) omit "with a capacity not exceeding 15m³ and".

 

(4) In Table 1.6 of the Principal Regulations, paragraph (i) is revoked.

 

(5) In Table 1.6 of the Principal Regulations, in paragraph (la) after "of a Class 10 building" insert "(other than a swimming pool)".

 

(6) In Table 1.6 of the Principal Regulations, in paragraph (lb) after "to a building" insert "(other than a swimming pool)".

6. Commencement and completion of work

 

For regulation 2.8(1)(b)(i) of the Principal Regulations substitute-

 

"(i) within 6 months after the building work commences in the case of a swimming pool or spa, or any barrier or safety equipment associated with a swimming pool or spa; or

 

(ia) within 24 months of the date of issue of the building permit in the case of any other Class 1 or 10 building; or".

7. New regulation 5.13

 

For regulation 5.13 of the Principal Regulations substitute-

 

'5.13 Safety of existing swimming pools and spas

 

(1) This regulation applies to a swimming pool or spa-

 

(a) on an allotment containing a Class 1 or 10 building; and

 

(b) capable of containing a depth of water exceeding 300mm; and

 

(c) constructed, or for which building approval was granted, before 8 April 1991.

(2) The owner of the swimming pool or spa must ensure that one or more of the following barriers are in place to restrict access to the part of the allotment or building containing the swimming pool or spa--

 

(a) a wall of a building, but only if--

 

(i) any door or gate in the wall complies with sub-regulation (3); and

 

(ii) any openable part of any window in the wall--

 

(A) is not less than 2·4m above the ground or paving immediately external to the window; or

 

(B) is not less than 1·5m above the floor of the room containing the window; or

 

(C) has a catch, bolt or lock located not less than 1·5m above that floor level; or

 

(D) has a securely fitted fly screen;

(b) a fence and gate complying with AS 1926.1-1993 Fencing for swimming pools;

 

(c) a paling, or imperforate fence if--

 

(i) it is at least 1·5m in height measured above the ground level on the approach side; and

 

(ii) any door or gate in the fence complies with sub-regulation (3).

Penalty: 50 penalty units.

 

(3) With respect to any door or gate providing access to the part of the allotment or building containing the swimming pool or spa, the owner of the swimming pool or spa must ensure--

 

(a) that there is a lock or latch that prevents the door or gate, if the door or gate is in its closed position, from being opened by a person unable to reach the opening mechanism for the door or gate; and

 

(b) that the opening mechanism is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and

 

(c) that the door or gate is fitted with a self locking or self latching device that is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side.

 

(4) In this regulation, "owner" in relation to a swimming pool or spa means--

 

(a) in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and

 

(b) in the case of a swimming pool or spa on any other allotment, the owner of that allotment.'.

8. New regulation 5.13A

 

After regulation 5.13 of the Principal Regulations insert--

 

"5.13A. Swimming pool safety maintenance and operation

 

(1) The occupier of an allotment containing a swimming pool or spa appurtenant to a Class 1 or 10 building must take all reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access to the swimming pool or spa is maintained and operating effectively at all times.

Penalty: 50 penalty units.

 

(2) The occupier of an allotment described in sub-regulation (1) must take all reasonable steps to ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is in the closed position except when a person is in the act of entering or leaving the part of the allotment containing the swimming pool or spa.

Penalty: 50 penalty units.

 

(3) A person who enters or leaves the part of a building or allotment containing a swimming pool or spa must ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is in the closed position at all times, except when that person or another person is in the act of entering or leaving that part of the building or allotment.

Penalty: 50 penalty units.".

9. Amendment of regulation 5.13

 

For regulation 5.13(3)(c) of the Principal Regulations substitute--

 

"(c) that the door or gate is fitted with a device--

 

(i) that is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and

 

(ii) that returns the door or gate to its closed position--

 

(A) from any position in the range of positions from fully open to resting on the lock or latch; and

 

(B) from a stationary start from any position within that range without the application of manual force.".

Reg. 4: S.R. No. 81/1994. Reprint (No. 5) incorporating amendments as at 28 October 1999. Subsequently amended by S.R. Nos 109/2000, 110/2000, 16/2001, 82/2001 and 171/2001.

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 7

AS 1926.1-1993 Fencing for swimming pools Whole

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