Building (Swimming Pool Fences) Regulations 2001 (Vic)

Building (Swimming Pool Fences) Regulations 2001

S.R. No. 176/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Exemptions	2
6.	Commencement and completion of work	2
7.	New regulation 5.13	2

5.13 Safety of existing swimming pools and spas 3

8. New regulation 5.13A 5

5.13A. Swimming pool safety maintenance and operation 5

9. Amendment of regulation 5.13 6

═══════════════

ENDNOTES 7

i

STATUTORY RULES 2001

S.R. No. 176/2001

Building Act 1993

Building (Swimming Pool Fences) Regulations 2001

The Governor in Council makes the following Regulations:
Dated: 20 December 2001

Responsible Minister:

JOHN THWAITES

Minister for Planning

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Building Regulations 1994 to prescribe matters relating to the construction, installation, maintenance, operation and use of fences and other barriers for swimming pools and spas.

2. Authorising provisions

These Regulations are made under sections 9,

15A, 261 and 262 of the Building Act 1993.

3. Commencement

(1) These Regulations (except regulation 9) come into

operation on 21 December 2001.

(2) Regulation 9 comes into operation on 1 July 2002.

4. Principal Regulations

In these Regulations the Building Regulations
19941 are called the Principal Regulations

Building (Swimming Pool Fences) Regulations 2001

S.R. No. 176/2001 r. 5

5. Exemptions

(1) In Table 1.6 of the Principal Regulations, in paragraph (c) omit "constructed on or after 8 April 1991".

(2) In Table 1.6 of the Principal Regulations,

paragraph (g) is revoked.

(3) In Table 1.6 of the Principal Regulations, in

paragraph (h) omit "with a capacity not exceeding

15m3 and".

(4) In Table 1.6 of the Principal Regulations,

paragraph (i) is revoked.

(5) In Table 1.6 of the Principal Regulations, in

paragraph (la) after "of a Class 10 building" insert

"(other than a swimming pool)".

(6) In Table 1.6 of the Principal Regulations, in

paragraph (lb) after "to a building" insert "(other

than a swimming pool)".

6. Commencement and completion of work

For regulation 2.8(1)(b)(i) of the Principal

Regulations substitute

"(i) within 6 months after the building work

commences in the case of a swimming pool
or spa, or any barrier or safety equipment

associated with a swimming pool or spa; or

(ia) within 24 months of the date of issue of the

building permit in the case of any other

Class 1 or 10 building; or".

7. New regulation 5.13

Building (Swimming Pool Fences) Regulations 2001

S.R. No. 176/2001

For regulation 5.13 of the Principal Regulations

substitute

'5.13 Safety of existing swimming pools and spas

(1) This regulation applies to a swimming pool

or spa

(a)	on an allotment containing a Class 1 or 10 building; and
(b)	capable of containing a depth of water exceeding 300mm; and
(c)

constructed, or for which building 1991.

(2) The owner of the swimming pool or spa

must ensure that one or more of the
following barriers are in place to restrict
access to the part of the allotment or building

containing the swimming pool or spa—

(a) a wall of a building, but only if—

(i)

any door or gate in the wall and

(ii)

any openable part of any window (A) is not less than 2·4m above

the ground or paving
immediately external to the

window; or

(B) is not less than 1·5m above

the floor of the room

containing the window; or

(C) has a catch, bolt or lock

located not less than 1·5m
above that floor level; or

Building (Swimming Pool Fences) Regulations 2001

S.R. No. 176/2001 r. 7

(D) has a securely fitted fly

screen;

(b)

a fence and gate complying with swimming pools;

(c) a paling, or imperforate fence if—

(i)  it is at least 1·5m in height measured above the ground level on the approach side; and

(ii)  any door or gate in the fence complies with sub-regulation (3).

Penalty: 50 penalty units.

(3) With respect to any door or gate providing

access to the part of the allotment or building
containing the swimming pool or spa, the
owner of the swimming pool or spa must

ensure—

(a)	that there is a lock or latch that prevents the door or gate, if the door or gate is in its closed position, from being opened
by a person unable to reach the opening mechanism for the door or gate; and
(b)	that the opening mechanism is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and
(c)	that the door or gate is fitted with a self locking or self latching device that is located not less than 1·5m above the ground, or the internal floor, level (as

Building (Swimming Pool Fences) Regulations 2001

r. 8	S.	R. No. 176/2001
the case may be), measured from the approach side. Penalty: 50 penalty units.

(4) In this regulation, "owner" in relation to a

swimming pool or spa means—

(a)	in the case of a swimming pool or spa on an allotment being purchased under a terms contract (as defined in section 2 of the Sale of Land Act 1962) under
which the purchaser has become entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment; and
(b)	in the case of a swimming pool or spa on any other allotment, the owner of that allotment.'.

8. New regulation 5.13A

After regulation 5.13 of the Principal Regulations insert—

"5.13A. Swimming pool safety maintenance and

operation

(1) The occupier of an allotment containing a

swimming pool or spa appurtenant to a
Class 1 or 10 building must take all
reasonable steps to ensure that any fence or
other barrier, door, gate, lock, latch, catch,
bolt or fly screen restricting access to the
swimming pool or spa is maintained and
operating effectively at all times.

Penalty: 50 penalty units.

(2) The occupier of an allotment described in

sub-regulation (1) must take all reasonable
steps to ensure that any gate or door forming
part of a swimming pool barrier or fence that

Building (Swimming Pool Fences) Regulations 2001

r. 9
r. 9

S.R. No. 176/2001

provides access to the swimming pool or spa
is in the closed position except when a
person is in the act of entering or leaving the
part of the allotment containing the
swimming pool or spa.

Penalty: 50 penalty units.

(3) A person who enters or leaves the part of a

building or allotment containing a swimming pool or spa must ensure that any gate or door forming part of a swimming pool barrier or
fence that provides access to the swimming
pool or spa is in the closed position at all
times, except when that person or another
person is in the act of entering or leaving that
part of the building or allotment.

Penalty: 50 penalty units.".

9. Amendment of regulation 5.13

For regulation 5.13(3)(c) of the Principal
Regulations substitute—
"(c) that the door or gate is fitted with a device—

(i)  that is located not less than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the approach side; and

(ii)

that returns the door or gate to its (A) from any position in the range of

positions from fully open to

resting on the lock or latch; and

(B) from a stationary start from any

position within that range without the application of manual force.".

═══════════════

Building (Swimming Pool Fences) Regulations 2001

Endnotes S.R. No. 176/2001

ENDNOTES

1 Reg. 4: S.R. No. 81/1994. Reprint (No. 5) incorporating amendments as at

28 October 1999. Subsequently amended by S.R. Nos 109/2000,

110/2000, 16/2001, 82/2001 and 171/2001.

——

Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate

Legislation Regulations 1994.

Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 7	AS 1926.1–1993 Fencing for	Whole
swimming pools