His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Swimming Pools Act 1992.
PAUL LYNCH, M.P.,Minister for Local Government
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Swimming Pools Regulation 2008.
2 Commencement
This Regulation commences on 1 September 2008.NoteThis Regulation replaces the Swimming Pools Regulation 1998 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:AS 1926.1—2007 means the provisions of AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools as published by Standards Australia on 12 July 2007, other than clause 2.10.Department means the Department of Local Government.the Cardiopulmonary Resuscitation Guideline means the document entitled Guideline 7: Cardiopulmonary Resuscitation published in February 2006 by the Australian Resuscitation Council.testing apparatus means a cylindrical test object having a diameter of 105 millimetres, plus or minus 1 millimetre, and having at least one solid flat-faced end.the Act means the Swimming Pools Act 1992.(2) Notes included in this Regulation do not form part of this Regulation.
4 References to compliance with AS 1926.1—2007
For the purposes of this Regulation, a child-resistant barrier, window or doorway is taken to comply with the standards set out in a clause in AS 1926.1—2007 so long as it complies with the minimum requirements for that clause.
Part 2 Restriction of access to swimming pools
Note—
This Part prescribes standards for the restriction of access to new swimming pools. Clause 25 deals with swimming pools completed before 1 September 2008.
Division 1 Restriction of access to outdoor swimming pools
5 General 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 AS 1926.1—2007 (excluding Clause 2.8).Note—The provisions of AS 1926.1—2007 about doorsets are inapplicable to child-resistant barriers required by section 7, since that section requires the owner of the premises on which the swimming pool is situated to ensure that the swimming pool is at all times surrounded by a child-resistant barrier that separates the swimming pool from any residential building situated on the premises and from any place adjoining the premises.
6 Standards 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.
7 Standards 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 2 Restriction of access to indoor swimming pools
8 General 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 AS 1926.1—2007.
Division 3 Restriction of access to spa pools
9 Standards 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.
Part 3 Warning notices
10 Contents of warning notices
(1) For the purposes of section 17 (1) of the Act, the sign referred to in that subsection must bear a notice that contains all of the following:(a) the words:(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and(ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES”, and(iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,(b) a simple flow sequence (which may be the flow sequence depicted in the Cardiopulmonary Resuscitation Guideline) containing details of resuscitation techniques (for infants, children and adults):(i) that are set out in accordance with the relevant provisions of that Guideline, and(ii) that comply with the other relevant guidelines of the Australian Resuscitation Council, and(iii) that are illustrated by drawings with key words only in bold print,(c) a statement to the effect that formal instruction in resuscitation is essential,(d) the name of the teaching organisation or other body that published the sign and the date of its publication.(2) However, any sign erected between 1 September 1995 and 31 August 2008 that bears a notice in accordance with clause 9 (a) and (b) of the Swimming Pools Regulation 1998 (as in force immediately before its repeal) is taken to comply with this clause.
11 Legibility of warning notices
For the purposes of section 17 (1) of the Act, the sign referred to in that subsection:(a) must be legible from a distance of at least 3 metres, and(b) must be maintained in a clearly legible condition.
Part 4 Exemptions from barrier requirements granted by local authorities
12 Application for exemption
(1) An application made to a local authority under section 22 of the Act is to be in the form approved by that authority.(2) That form must contain statements to the effect that:(a) if the local authority fails to finally determine the application within 6 weeks after it is made, then the local authority is taken, for the purposes of any appeal proceedings, to have refused the application, and(b) if the local authority refuses the application for an exemption, or is taken to have refused the application, or imposes a condition on an exemption, the owner of the premises on which the relevant swimming pool is situated is entitled to appeal to the Land and Environment Court against the local authority’s refusal or against the condition.
13 Fee for application for exemption
(1) A local authority may impose a fee of up to $70 on an application for an exemption under section 22 of the Act.(2) An application made to a local authority that has imposed a fee must be accompanied by that fee.
14 Circumstances that justify an exemption
For the purposes of section 22 (1) (a) of the Act, the fact that an adult occupier of the premises in or on which a swimming pool is situated would (because of a physical disability or impairment of the occupier) be significantly impeded in gaining access to the swimming pool if the requirements of Part 2 of the Act were complied with is a special circumstance that justifies the granting of an exemption from those requirements.
15 Notice concerning certain decisions on exemptions
(1) A local authority:(a) that refuses to grant an exemption under section 22 of the Act in respect of a swimming pool, ormust cause notice of the decision to be served on the owner of the premises in or on which the swimming pool is situated.(b) that imposes conditions on an exemption under section 22 of the Act in respect of a swimming pool,(2) Such a notice:(a) must give reasons for the decision, and(b) must state that the owner of the premises is entitled to appeal to the Land and Environment Court from the decision.
Part 5 Certificates of compliance granted by local authorities
16 Application for certificate of compliance
(1) An application made to a local authority under section 24 of the Act must be in the form approved by that local authority.(2) That form must contain statements to the effect that:(a) if the local authority fails to finally determine the application within 6 weeks after it is made, then the local authority is taken, for the purposes of any appeal proceedings, to have refused the application, and(b) if the local authority refuses the application for a certificate of compliance, or is taken to have refused the application, the owner of the premises on which the relevant swimming pool is situated is entitled to appeal to the Land and Environment Court against the local authority’s refusal.
17 Fee for application for certificate of compliance
(1) A local authority may impose a fee of up to $70 on an application for a certificate of compliance under section 24 of the Act.(2) An application made to a local authority that has imposed a fee must be accompanied by that fee.
18 Notice concerning refusal to grant certificate of compliance
(1) A local authority that refuses to grant a certificate of compliance under section 24 of the Act in respect of a swimming pool must cause notice of the decision to be served on the owner of the premises in or on which the swimming pool is situated.(2) Such a notice:(a) must give reasons for the decision to refuse to grant the certificate, and(b) must state that the owner of the premises on which the relevant swimming pool is situated is entitled to appeal against the decision to the Land and Environment Court.
Part 6 Miscellaneous
19 Directions by local authorities
A local authority that gives a direction under section 23 of the Act to the owner of any premises must include in the direction:(a) the reasons for its decision to give the direction, and(b) a statement to the effect that the owner of the premises is entitled to appeal to the Land and Environment Court against the decision.
20 Certificates of identification
For the purposes of section 27 (2) of the Act, the prescribed form of certificate of identification is the form set out in Schedule 1.
21 Public access to AS 1926.1—2007 and Cardiopulmonary Resuscitation Guideline
(1) The Department must ensure that a paper copy or electronic version of AS 1926.1—2007 and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the Department during ordinary business hours.(2) Each local authority must ensure that a paper copy or electronic version of AS 1926.1—2007 and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the local authority during ordinary business hours.(3) The Department and each local authority must ensure that the Cardiopulmonary Resuscitation Guideline is available for viewing on its website.
22 Penalty notices
For the purposes of section 35 of the Act:(a) each offence under each section of the Act referred to in the Table to this clause is a prescribed offence, and(b) the penalty specified in that Table in respect of each such offence is the prescribed penalty for that offence.Table
23 Existing complying swimming pools may continue to comply with earlier standards
(1) This clause applies to a swimming pool the construction or installation of which was completed before 1 September 2008.(2) It is sufficient compliance with Part 2 of the Act for a swimming pool to comply with that Part on the basis of the requirements of Part 2 of the Swimming Pools Regulation 1998 (as an alternative to compliance on the basis of the requirements of Part 2 of this Regulation).(3) However, this clause does not apply:(a) in relation to an outdoor swimming pool—if the child-resistant barrier by which access to the swimming pool is restricted is substantially altered or rebuilt, and(b) in relation to an indoor swimming pool—if the premises in which the swimming pool is situated are substantially altered or rebuilt in a way that affects the means of access to the swimming pool.
24 Savings
Any act, matter or thing that, immediately before the repeal of the Swimming Pools Regulation 1998, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Certificate of identification
(Clause 20)
Certificate of identification
This certifies that [insert name of inspector], whose photograph and signature appear below, is an inspector for [insert name of local authority] for the purposes of the Swimming Pools Act 1992.
(attach photograph here) | .........................(signature of inspector) (seal of local authority) | ||
The holder of this certificate is empowered, by section 28 of the Swimming Pools Act 1992, to enter any premises in or on which he or she suspects that a swimming pool is situated and to examine the premises and, in particular, any swimming pool, and any barrier or other means of restricting access to any swimming pool, situated in or on the premises.
This power may be exercised with the consent of the occupier of the premises or, if that consent cannot be obtained, at any time (between 9.00 a.m. and sunset) after 24 hours’ notice of the proposed exercise of the power has been given to the occupier of the premises.
The holder of this certificate is not empowered to enter such part of any building as is used for residential purposes, or any moveable dwelling, otherwise than with the consent of the occupier of the building or dwelling or under a search warrant.