Building Amendment Regulations (No. 2) 2001 (WA)

14 December 2001 GOVERNMENT GAZETTE, WA 6399

LG306*

Local Government (Miscellaneous Provisions) Act 1960

Building Amendment Regulations (No. 2) 2001

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council under section 433A of the Act and section 9.60 of the

Local Government Act 1995.

1.

Citation Regulations (No. 2) 2001.

2.            Commencement

These regulations come into operation on 18 March 2002.

3. The regulations amended
The amendments in these regulations are to the Building
Regulations 1989*.
r Reprinted as at 2 March 2001.

from outside the enclosure;

For amendments to 3 December 2001 see Gazette

19 October 20011

4. Regulation 38A

amended "person with a disability", "pre-July 1992 pool" and "pre-November 2001 pool" and inserting instead

44

"access through a building" means access between

the area within an enclosure and a part of a
building to which there is direct or indirect access

6400 GOVERNMENT GAZETTE, WA 11 December 2001

5.            Regulations 3813, 38C and 38D replaced

Regulations 38B, 38C and 38D are repealed and the following regulations are inserted instead -

38B. Enclosure of pool

(1) Except as provided in subregulation (2) and

regulation 381)(2), the owner or occupier of premises
on which there is a swimming pool is to install or
provide around the pool an enclosure suitable to restrict
access by young children to it and its immediate
surrounds.
Penalty: $5 000 and a daily penalty of $250.

(2) If 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) A building, whether or not it is a Class 1 Oa building

under the Building Code, cannot be included within the enclosed area unless all external doors and windows in that building satisfy the requirements of Australian

Standard AS 1926.1.

(4) Except as 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;
(b)	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; and

(c)	any wall that it includes contains 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)     a door that is approved by the local government under regulation 38C.

(5)	The local government is not to approve alternative requirements under subregulation (4)(b) 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) If a boundary fence of the premises is a part of the

enclosure of a pool, the boundary fence satisfies the satisfied in relation to either side of the fence.
requirements of clauses 2.3, 2.6 and 2.7 of Australian

14 December 2001 GOVERNMENT GAZETTE, WA 6401

38C. Approval of doors by local government

(1) The local government may approve a door for the

purposes of regulation 38B(4)(c)(ii) if the door is in
accordance with the requirements of Australian

Standard AS 1926.1 and -

(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 -

(1) 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 give approval under

subregulation (1) a local government is to place
particular weight on whether or not a young child

resides at the premises.

(3) In this regulation -

"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.

38D. Concessions for pre-November 2001 pools

(1) This regulation applies to a swimming pool -

(a)	installed before 5 November 2001; or
(b)	installed on or after 5 November 2001 in accordance with plans, drawings and specifications submitted to the local government for approval before that day.

(2) Even though the pool is not one to which

regulation 3813(2) applies, a person does not contravene
regulation 3813(1) only because the area enclosed
includes, as well as the pool and its immediate
surrounds, any other part of the premises.

6402 GOVERNMENT GAZETTE, WA 14 December 2001

(3) The enclosure required by regulation 38B(l) may

include a wall that contains a door permitting access
through a building if that door satisfies the
requirements of Australian Standard AS 1926.1.

6.            Regulation 38H amended

(1)	Regulation 38H(2)(a) is amended by deleting I OO:' and inserting instead -
46

$200; ".

(2) Regulation 38H(2)(b) is amended by deleting "$75." and
inserting instead -
" $100. "

7.           Transitional

(1) In this regulation -

"access through a building not of Class lOa" means access

between the area within an enclosure and a part of a outside the enclosure;

building, other than a Class lOa building under the Building

"pre-.July 1992 pool" means a swimming pool that -

(a)	was installed before 1 July 1992; or
(b)	was installed on or after 1 July 1992 in accordance with plans, drawings and specifications that were submitted to the local government for approval before that day;

"transitional period" means the period beginning on the day

on which these regulations come into operation and -

(a)	unless paragraph (b) applies, ending on 17 December 2006; or
(b)	if the swimming pool is on premises sold within the period referred to in paragraph (a), ending on the day
3 months after the settlement day for that sale.

(2) During the transitional period an enclosure for a pre-July 1992

Building permitting access through a building not of Class lOa even though -

pool may, for the purposes of regulation 38B(1) of the

(a)	the door or window may not satisfy the requirements of Australian Standard AS 1926.1; and
(b)	the door may not have been approved by the local government.

(3) If a swimming pool was installed before 28 July 1989, during the transitional period a gate in its enclosure may open in any direction.

By Command of the Lieutenant-Governor

and deputy of the Governor,

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