Part 2Restriction of access to
swimming pools
Note—
This Part prescribes standards for the
restriction of access to new swimming pools. Clause 23 deals with swimming
pools completed before 1 September 2008.
pt 2, note: Am 2008
No 114, Sch 2.31.
Division 1Restriction of access to
outdoor swimming pools
5General requirements for
outdoor swimming pools
For the purposes of sections 7 (1) (b) and 12 (d)
of the Act, the prescribed standards in accordance with which a
child-resistant barrier surrounding a swimming pool is to be designed,
constructed, installed and maintained are the standards set out in the Building Code of
Australia.
cl 5: Am 2011 (174),
Sch 1 [4] [5].
6Standards required for certain
swimming pools to be exempt from requirement to separate swimming pool from
residential building
(1)
For the purposes of section 8 (2) of the Act, the
prescribed standards in accordance with which the means of access to a
swimming pool from a residential building are to be restricted are
that:
(a)
each doorway, and each opening portion of a
window, that gives access to the swimming pool is to be designed, constructed,
installed and maintained in accordance with the standards set out in AS 1926.1—2007,
and
(b)
in relation to each opening portion of a window
giving access to the swimming pool—there must not be any footholds wider
than 10 millimetres between the bottom of the lowest opening panel of the
window and any point within 1.1 metres below the bottom of that
panel.
(2)
Subclause (1) (b) does not apply to a window that
is:
(a)
of substantial construction and is so fixed (by
means of a keyed locking device or other child-resistant device) that it has
no opening through which it is possible to pass a testing apparatus,
or
(b)
totally enclosed by a grille (including a fixed
grille) that is of substantial construction and is so fixed (by means of a
keyed locking device or other child-resistant device) that it has no opening
through which it is possible to pass a testing
apparatus.
7Standards required for
swimming pools on large or waterfront properties to be exempt from requirement
to surround swimming pool
For the purposes of sections 9 (2) and 10 (2) of
the Act, the prescribed standards in accordance with which the means of access
to a swimming pool from a residential building are to be restricted are the
standards set out in AS
1926.1—2007.
Division 2Restriction of access to
indoor swimming pools
8General requirements for
indoor swimming pools
For the purposes of section 14 of the Act, the
prescribed standards in accordance with which the means of access to an indoor
swimming pool is to be restricted are that each doorway, and each opening
portion of a window, giving access to the swimming pool must be designed,
constructed, installed and maintained in accordance with the Building Code of
Australia.
cl 8: Am 2011 (174),
Sch 1 [6].
Division 3Restriction of access to spa
pools
9Standards required to be
exempt from requirement to surround spa pool
For the purposes of section 20 of the Act, the
prescribed standards in accordance with which access to the water contained in
a spa pool is to be restricted are that the spa pool must be covered and
secured by a lockable child-safe structure (such as a door, lid, grille or
mesh) that is:
(a)
of substantial construction and having no opening
through which it is possible to pass a testing apparatus,
and
(b)
fastened to the spa pool by a device that is
itself of substantial construction and having no opening through which it is
possible to pass a testing apparatus.