Building Amendment Regulations (No. 2) 2016 (WA)

15 April 2016 GOVERNMENT GAZETTE, WA 1165

COMMERCE

CM301*

Building Act 2011

Building Amendment Regulations (No. 2) 2016

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Building Amendment Regulations
(No. 2) 2016.

2.            Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on 1 May 2016.

3.            Regulations amended

These regulations amend the Building Regulations 2012.

4.            Regulation 3 amended

Volume 2 Part 2.5;

(1)	In regulation 3 delete the definition of private swimming pool.
(2)	In regulation 3 insert in alphabetical order:

approved barrier solution, in relation to a swimming
pool, means an alternative solution used to comply
with a Building Code pool barrier requirement that has
been approved in accordance with regulation 51 by the
permit authority for the swimming pool;
Building Code pool barrier requirements means —

(a) in relation to a swimming pool associated with a Class 1 or Class 10 building — performance requirement P2.5.3 in the Building Code

1166 GOVERNMENT GAZETTE, WA 15 April 2016

(b) in relation to a swimming pool associated with

a Class 2 to Class 9 building - performance
requirement GP 1.2(a) in the Building Code

Volume l Part Gl;

pre-May 2016 private swimming pool means a private

swimming pool -

(a)	installed before I May 2016; or
(b)	installed on or after 1 May 2016 in accordance with plans, drawings and specifications submitted to a permit authority for approval before that day;

private swimming pool means a swimming pool -

(a) that is associated with -

(i)     a Class la building; or

(ii)     less than 30 sole-occupancy units in a Class 2 building; or

(iii)     a Class 4 part of a building;

and

(b) which has the capacity to contain water that is

more than 300 mm deep;

sole-occupancy unit has the meaning given in the
Building Code Volume I Part Al;
swimming pool has the meaning given in the Building
Code Volume 1 Part Al;

5.            Regulation 1513 inserted At the end of Part 2 insert:

15B.	Modifications to AS 1926.1-2012 (s. 150)
For the purposes of these regulations, AS 1926.1-2012
(Safety barriers for swimming pools) as referenced in the Building Code -

(a)	is modified in clause 2.3.5(a) to insert after "plane":
and vertical members are spaced to provide a clear opening of not more than 10 mm
(b)	is modified in Figure 2.6 to delete "100 mm" and insert:

10 mm

15 April 2016 GOVERNMENT GAZETTE, WA 1167

6.            Regulation 28 replaced

Delete regulation 28 and insert:

28. Required inspection: barrier to private swimming
pool (s. 36(2)(a))

The inspection that is to be conducted at the completion of building work for a barrier to a private swimming pool is an inspection to assess whether the barrier complies with the applicable building standards for the barrier as set out in regulation 3 1C.

7.            Regulation 31C replaced

Delete regulation 31 C and insert:

31C.	Applicable building standards for swimming Pools (s. 3, 19(3) and 37(1) and (2))
(1)	For the purposes of the definition of applicable building standard in section 3, the building standards set out in the Table are prescribed as applicable building standards for the purposes of sections 19(3) and 37(1) in respect of a type of swimming pool referred to in the Table.

Table

i'vpc of swimming pOOI	Building standard
All swimming pools other	The requirement mentioned
than private swimming pools	in regulation 3 1A(2) except that the Building Code pool barrier requirements do not

apply.

Private swimming pools	The requirement mentioned
other than pre-May 2016	in regulation 3 1A(2)(a)
private swimming pools	except that an alternative solution cannot be used to comply with a Building Code pool barrier requirement unless the alternative solution is an approved barrier solution.

I I GOVERNMENT GAZETTE, WA 15 April 2016

Type of swimming pool Building standard

Pre-May 2016 private	The requirements mentioned
swimming pools	in regulation 3 1A(2)(a) except that -

(a)	the requirements for a barrier to a private swimming pool set out in regulation 50 may be substituted for the Building Code pool barrier requirement; and
(b)	an alternative solution cannot be used to comply with a Building Code pool barrier requirement unless the alternative solution is an approved barrier solution.

(2) For the purposes of the definition of applicable

building standard in section 3, the building standards
set out in the Table are prescribed as applicable
building standards for the purposes of section 37(2) in
respect of a type of swimming pool referred to in the

Table.

1 a b Ic

Type of sNi iniming 1)001 Building standard

All swimming pools other The requirement mentioned

than private swimming pools	in regulation 3 1E(2) other than the Building Code pool barrier requirements.
Private swimming pools	The requirement mentioned in regulation 3 1E(2) except that an alternative solution cannot be used to comply
with a Building Code pool barrier requirement unless the alternative solution is an
approved barrier solution.

15 April 2016 GOVERNMENT GAZETTE, WA 1169

8.            Regulation 31D amended

(1) At the beginning of regulation 31D insert:

(1A) This regulation does not apply to a swimming p001.

(2) In regulation 3 1D(3) in the Table:

(a)	delete "GP 1.2(b),";
(b)	delete "P2.5.2, P2.5.4" and insert:

P2.5.2

Note: The heading to amended regulation 31 D is to read:

Applicable building standards for relocated buildings and
incidental structures (other than swimming pools) (s. 3, 19(3) and
37(1) and (2))

9.            Regulation 31E amended

In regulation 31E(1) delete "regulation 31BA otherwise provides." and insert:

regulations 31 BA and 31 C otherwise provide.

10.          Regulation 31G amended

In regulation 31 G(2) delete "made." and insert:

made, except that an alternative solution cannot be used to
comply with a Building Code pool barrier requirement unless
the alternative solution is an approved barrier solution.

11.          Regulation 48 amended

In regulation 48 delete the definition of access through a

building and insert: 

access through a building means direct or indirect
access to an area that contains a private swimming pool
if the area is enclosed by a barrier that includes a wall
of a building;

12.          Regulation 50 replaced

Delete regulation 50 and insert:

50.          Barrier to private swimming pool

(1) Each owner and occupier of premises on which there is
a private swimming pool containing water that is more
than 300 mm deep must ensure that there is installed or

1170 GOVERNMENT GAZETTE, WA 15 April 2016

provided around the pool a barrier that restricts access
by young children to the pool and its immediate
surrounds.

Penalty for this subregulation: a fine of $5 000.

(1A) A barrier to a private swimming pool is to be taken to
be suitable for the purposes of subregulation (1) if -

(a) it complies with a Building Code pool barrier

requirement that was in effect -

(i)     if a building permit applies to the construction of the pool - at the time the application for a building permit to construct the pool was made; or

(ii)     otherwise - at the time the construction of the pool commenced;

or

(b) the swimming pool is a pre-May 2016 private

swimming pool and the barrier satisfies the
requirements in paragraph (a) or complies with

subregulations (2) to (5).

(1 B)	For the purposes of subregulation (1 A)(a), an alternative solution cannot be used to comply with a Building Code pool barrier requirement unless the alternative solution is an approved barrier solution.
(2)	The immediate surrounds of a pre-May 2016 private swimming pool that is at the rear of premises may include any part of the rear portion of the premises.
(3)	If a building other than a Class 10 building is included within the barrier to a pre-May 2016 private swimming pool all external doors and windows in that building
must satisfy the requirements of AS 1926.1.

(4) A barrier to a pre-May 2016 private swimming pool -

(a) may consist of a fence, wall, gate or other

component, or a combination of them; and

(b) any fence, wall, gate or other component that is

included in the barrier must be in accordance
with -

(i)     the requirements of AS 1926.1; or

(ii)     approved alternative requirements;

and

(c) any wall comprising part of the barrier must have 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)     an approved door.

15 April 2016 GOVERNMENT GAZETTE, WA 1171

(5) If a boundary fence of the premises is a part of the
barrier to a pre-May 2016 private swimming pool, the
boundary fence satisfies the requirements of
clauses 2.3, 2.6 and 2.7 of AS 1926.1 if all those
requirements are satisfied in relation to either side of
the fence.

13.          Regulation 51 amended

After regulation 51(4) insert:

(5) A permit authority may approve an alternative solution to a Building Code pool barrier requirement if the permit authority is satisfied that the alternative solution complies with the relevant performance requirement.
14.	Regulation 52 amended In regulation 52(3) delete "enclosure" and insert:

barrier

15. Regulation 53 amended
In regulation 53(1) delete "pool enclosure" and insert:

barrier to the private swimming pool

Note: The heading to amended regulation 53 is to read:
Inspection of barrier to private swimming pool

16.          Regulation 54A amended

Delete regulation 54A(2) and insert:

(2) A person responsible for work that requires the

removal of a fence, wall, gate or other component that
is part of a barrier to a private swimming pool must
ensure that an alternative barrier that complies with
regulation 50 is installed or provided for any period
during which the fence, wall, gate or component is

removed.

Note: The heading to amended regulation 54A is to read:

Temporary pool barriers

1172 GOVERNMENT GAZETTE, WA 15 April 2016

17.          Regulation 54 amended

In regulation 54(2):

(a) before "private swimming pool" insert:

a barrier to a

(b) delete -enclosures".

18.          Schedule 4 amended

In Schedule 4 clause 2 in the Table item 4 delete "an enclosure for" and insert:

a barrier to

19.          Schedule 6 amended

In Schedule 6 in the item relating to r. 50(1) delete "Enclosure of" and insert:

Barrier to

R. KENNEDY, Clerk of the Executive Council.