Building Amendment Regulations 2001 (WA)

19 October 2001 GOVERNMENT GAZETTE, WA 5609

LG302*

Local Government (Miscellaneous Provisions) Act 1960

Building Amendment Regulations 2001

The amendments in these regulations are to the Building
Regulations 1989*.

[* Reprinted as at 2 March 2001.]

Made by the Governor in Executive Council under section 433A of the
Act and section 9.60 of the Local Government Act 1995.

1.           Citation

These regulations may be cited as the Building Amendment
Regulations 2001.

2.            Commencement

These regulations come into operation on 5 November 2001.

3.            The regulations amended

5610 GOVERNMENT GAZETTE, WA 19 October 2001

4.            Regulation 38A amended

Regulation 38A is amended by inserting in the appropriate alphabetical positions the following definitions -

"

"person with a disability" means a person who is able to produce a certificate given by ACROD Limited (Western Australian Division) (ACN 008445485), registered under the Corporations Act 2001 of the 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;

"pre-November 2001 pool" means a swimming pool

that -

(a)	was installed before 5 November 2001; or
(b)	5 accordance with plans, drawings and

was installed on or after November 2001 in local government for approval before that day;

5.            Regulation 38B amended

(1) Regulation 3813(1) is amended as follows:

(a) by deleting "The" and inserting instead -

Except as provided in subregulations (2) and (2a), the

(b) by deleting "to the pool." and inserting instead - " to it and its immediate surrounds. ".

(2) Regulation 3813(2), (3) and (3a) are repealed and the following

subregulations are inserted instead -

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(2) If the pool is a pre-November 2001 pool, a person does not contravene subregulation (1) only because the area enclosed includes, as well as the pool, any other part of the premises.

(2a) If the pool is not a pre-November 2001 pool and the pool is at the rear of the premises, a person does not contravene subregulation (1) only because the area

enclosed includes, as well as the pool and its immediate
surrounds, any other part of the rear portion of the

premises.

(3) Except as otherwise provided by this Part, the

enclosure is not suitable for the purposes of

subregulation (1) unless -

(a) it consists of a fence, wall, gate or other barrier,

or a combination of them;

19 October 2001 GOVERNMENT GAZETTE, WA 5611

(b)	any wall that it includes contains no means of access between the enclosed area and a part of a building to which there is direct or indirect access from outside the enclosure; and
(c)	any fence, wall, gate or other barrier included in the enclosure is in accordance with the requirements of Australian Standard AS 1926.1 or alternative requirements that the local government approves.

(3a) The local government is not to approve alternative

requirements under subregulation (3)(c) unless it is

satisfied that the requirements will restrict access by

young children to the swimming pool as effectively as

Australian Standard AS 1926.1. ,,

6.           Regulation 38C amended

(1) Regulation 38C(2) is repealed and the following subregulations

are inserted instead -

(2) If a swimming pool is not a pre-July 1992 pool but is a

pre-November 2001 pool its enclosure may include a
wall that contains a door or window permitting access
as described in subregulation (1) if that door or window
satisfies the requirements of Australian Standard

AS 1926.1.

(3) If a swimming pool is not a pre-July 1992 pool, the building satisfy the requirements of Australian
area enclosed may include a building, but where the
building is not a Class lOa building under the Building

(4) Although a swimming pool is not a	Standard AS 1926.1.
pre-November 2001 pool, its enclosure may include a wall that contains a door permitting access as described in subregulation (1) if—

(a)	the door satisfies the requirements of Australian Standard AS 1926.1; and
(b)	the local government declares that it would not be practicable to enclose the pool in accordance with regulation 38B.

(5) Although a swimming pool is not a
pre-November 2001 pool, its enclosure may include a
wall that contains a window permitting access as
described in subregulation (1) if the window satisfies
the requirements of Australian Standard AS 1926.1.

5612 GOVERNMENT GAZETTE, WA 19 October 2001

7.            Regulation 38D inserted

After regulation 38C, the following regulation is inserted —

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38D.	Declarations by local government
(1)	A local government is not to make a declaration under regulation 38C(4) unless —

(a) in the opinion of the local government, to
install between the building and the pool a
fence or barrier satisfying regulation 38B would
involve —

(i)     a sufficient problem of a structural nature; or

(ii)     a sufficient problem of any other nature, the cause of which is neither within the control of the owner nor occupier;

(b) the pool is totally enclosed by a building; or

(c) in the opinion of the local government, the

existence between the building and the pool of
a fence or barrier satisfying regulation 38B
would create a sufficient problem for a person
with a disability who is resident at the premises

and wishes to have access to the pool.

(2) In deciding whether to make a declaration under
regulation 38C(4) a local government is to place
particular weight on whether or not a young child

resides at the premises.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.