BUILDING REGULATIONS 2012 - REG 51
BUILDING REGULATIONS 2012 - REG 51
51 . Approvals by permit authority
(1) In this regulation
—
person with a disability means a person who has
been issued a certificate given by the National Disability Services
(ACN 008445485), registered under the Corporations Act 2001
(Commonwealth), certifying that the person has a disability that makes it
difficult for the person to use a gate of the kind that would be required by
these regulations in a swimming pool fence.
(2) A permit authority
may approve requirements alternative to the requirements of
regulation 50(4)(b) if it is satisfied that the alternative requirements
will restrict access by young children to the private swimming pool as
effectively as if there were compliance with AS 1926.1.
(3) A permit authority
may approve a door for the purposes of regulation 50(4)(c)(ii) if the
door is in accordance with the requirements of AS 1926.l and —
(a) in
the opinion of the permit authority, a fence or barrier satisfying
regulation 50 between the building and the private swimming pool would
cause —
(i)
a significant problem of a structural nature; or
(ii)
a significant problem of any other nature, the cause of
which is not within the control of the owner or occupier;
or
(b) the
private swimming pool is totally enclosed by a building; or
(c) in
the opinion of the permit authority, a fence or barrier satisfying
regulation 50 between the building and the private swimming pool would
create a significant problem for a person with a disability who is resident at
the premises and wishes to have access to the pool.
(4) In deciding
whether to give approval under subregulation (3) a permit authority is
required to have regard to whether or not a young child resides at the
premises.
(5) A permit authority
may approve a performance solution to a Building Code pool barrier requirement
if the permit authority is satisfied that the performance solution complies
with the relevant performance requirement.
[Regulation 51 amended: Gazette
15 Apr 2016 p. 1171; 8 Aug 2017 p. 4345;
22 Dec 2017 p. 5975.]