Building Professionals Amendment (Swimming Pools) Regulation 2018 (NSW)

New South Wales

Building Professionals Amendment (Swimming Pools) Regulation 2018

under the

Building Professionals Act 2005

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Building Professionals Act 2005.

MATT KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to specify the categories of accreditation under the Building Professional s Act 2005 that enable the holder of that category of accreditation to carry out inspections and issue certificates and notices under the Swimming Pools Act 1992.

This Regulation is made under the Building Professionals Act 2005, including section 94 (the general regulation-making power).

Building Professionals Amendment (Swimming Pools) Regulation 2018 [NSW]

Building Professionals Amendment (Swimming Pools)

Regulation 2018

under the

Building Professionals Act 2005

1 Name of Regulation

This Regulation is the Building Professionals Amendment (Swimming Pools)
Regulation 2018.

2      Commencement

This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.

Building Professionals Amendment (Swimming Pools) Regulation 2018 [NSW]

Schedule 1	Amendment of Building Professionals Regulation 2007
Schedule 1	Amendment of Building Professionals Regulation 2007

[1]     Schedule 1 Categories of certificates of accreditation

Insert in Column 2 at the end of the matter relating to Category A1 in Part 1:

Doing any of the following under the Swimming Pools Act

1992 in respect of a swimming pool:

(a)	carrying out an inspection,
(b)	issuing a certificate of compliance,
(c)	issuing a certificate of non-compliance,
(d)	issuing a notice under section 22E of that Act.

[2]     Schedule 1, Part 1

Insert in Column 2 at the end of the matter relating to Category A2:

Doing any of the following under the Swimming Pools Act

1992 in respect of a swimming pool:

(a)	carrying out an inspection,
(b)	issuing a certificate of compliance,
(c)	issuing a certificate of non-compliance,
(d)	issuing a notice under section 22E of that Act.

[3]     Schedule 1, Part 1

Insert in Column 2 at the end of the matter relating to Category A3:

Doing any of the following under the Swimming Pools Act 1992 in respect of a swimming pool, but only if the swimming pool achieves compliance with the performance requirements of the BCA by complying with the deemed-to-satisfy provisions of the BCA (and not by the formulation of any alternative solutions):

(a)	carrying out an inspection,
(b)	issuing a certificate of compliance,

(c)	issuing a certificate of non-compliance,
(d)	issuing a notice under section 22E of that Act.

Building Professionals Amendment (Swimming Pools) Regulation 2018 [NSW]

Schedule 1 Amendment of Building Professionals Regulation 2007

[4]      Schedule 1, Part 1

Omit the matter relating to Category E1. Insert instead:

Category E1—Accredited	Doing any of the following under the Swimming Pools Act
certifier—swimming pool	1992 in respect of a swimming pool, but only if the
certification	swimming pool achieves compliance with the performance requirements of the BCA by complying with the deemed-to-satisfy provisions of the BCA (and not by the formulation of any alternative solutions):

(a)	carrying out an inspection,
(b)	issuing a certificate of compliance,
(c)	issuing a certificate of non-compliance,
(d)	issuing a notice under section 22E of that Act.

[5]      Schedule 1, Part 2, clause 1 (1)

Insert in alphabetical order:

certificate of non-compliance means a certificate of non-compliance issued

under clause 21 of the Swimming Pools Regulation 2018.