BUILDING REGULATIONS 2012 - REG 50
BUILDING REGULATIONS 2012 - REG 50
50 . Barrier to private swimming pool
(1) Each owner and
occupier of premises on which there is a private swimming pool containing
water that is more than 300 mm deep must ensure that there is installed or
provided around the pool a barrier that restricts access by young children to
the pool and its immediate surrounds.
Penalty for this subregulation: a fine of
$5 000.
(1A) A barrier to a
private swimming pool is to be taken to be suitable for the purposes of
subregulation (1) if —
(a) it
complies with a Building Code pool barrier requirement that was in
effect —
(i)
if a building permit applies to the construction of the
pool — at the time the application for a building permit to
construct the pool was made; or
(ii)
otherwise — at the time the construction of
the pool commenced;
or
(b) the
swimming pool is a pre‑May 2016 private swimming pool and the barrier
satisfies the requirements in paragraph (a) or complies with
subregulations (2) to (5).
(1B) For the purposes
of subregulation (1A)(a), a performance solution cannot be used to comply
with a Building Code pool barrier requirement unless the performance solution
is an approved barrier solution.
(2) The immediate
surrounds of a pre‑May 2016 private swimming pool that is at the rear of
premises may include any part of the rear portion of the premises.
(3) If a building
other than a Class 10 building is included within the barrier to a
pre‑May 2016 private swimming pool all external doors and windows in
that building must satisfy the requirements of AS 1926.1.
(4) A barrier to a
pre‑May 2016 private swimming pool —
(a) may
consist of a fence, wall, gate or other component, or a combination of them;
and
(b) any
fence, wall, gate or other component that is included in the barrier must be
in accordance with —
(i)
the requirements of AS 1926.1; or
(ii)
approved alternative requirements;
and
(c) any
wall comprising part of the barrier must have no means of access through a
building other than —
(i)
a window that is in accordance with the requirements of
AS 1926.1; or
(ii)
an approved door.
(5) If a boundary
fence of the premises is a part of the barrier to a pre‑May 2016 private
swimming pool, the boundary fence satisfies the requirements of
clauses 2.3, 2.6 and 2.7 of AS 1926.1 if all those requirements are
satisfied in relation to either side of the fence.
[Regulation 50 inserted: Gazette
15 Apr 2016 p. 1169‑71; amended: Gazette
8 Aug 2017 p. 4345; 22 Dec 2017 p. 5975.]