Standard Building Amendment Regulation (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 233 Building Act 1975 STANDARD BUILDING AMENDMENT REGULATION (No. 1) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of pt 5 (Swimming pool fencing) . . . . . . . . . . . . . . . . . . . . . . 2 PART 5—SWIMMING POOL FENCING 59 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 60 Fencing standards for outdoor swimming pools constructed on or after 1 October 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 61 Resuscitation sign requirements and display—Act, s 15. . . . . . . . . . 3 62 Warning sign requirements and display—Act, s 16A . . . . . . . . . . . . 4 63 Applications to private certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 64 Local government to keep register of exemptions . . . . . . . . . . . . . . . 5 5 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 14—TRANSITIONAL PROVISIONS 131 Applications to private certifiers before commencement . . . . . . . . . 6 132 Record of exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s4 Standard Building Amendment Regulation (No. 1) 2003 No. 233, 2003 1 Short title This regulation may be cited as the Standard Building Amendment Regulation (No. 1) 2003 . 2 Commencement This regulation commences on 1 October 2003. 3 Regulation amended This regulation amends the Standard Building Regulation 1993 . 4 Replacement of pt 5 (Swimming pool fencing) Part 5— omit, insert— ‘PART 5—SWIMMING POOL FENCING ‘59 Application of pt 5 ‘This part prescribes matters under part 3 1 of the Act. ‘60 Fencing standards for outdoor swimming pools constructed on or after 1 October 2003 ‘For the Act, section 12U(1)(b), 2 the standards prescribed for an outdoor swimming pool on residential land are— (a) the standard for the design, building and performance of swimming pool fencing in AS 1926.1—1993, Swimming pool safety part 1: Fencing for swimming pools, other than clause 2.14 of the standard; and 1 Part 3 (Swimming pool fencing) of the Act 2 Section 12U (Meaning of “fencing standards”) of the Act

s4 3 s4 Standard Building Amendment Regulation (No. 1) 2003 No. 233, 2003 (b) the standard for the location of fencing contained in AS 1926.2—1995, Swimming pool safety part 2: Location of fencing for private swimming pools, other than clause 1.4.4 of the standard. ‘61 Resuscitation sign requirements and display—Act, s 15 ‘ (1) This section prescribes, for section 15(2) of the Act— (a) the way a resuscitation sign for an outdoor swimming pool on residential land must be displayed; and (b) the requirements for the sign. ‘ (2) The sign must— (a) be attached to the fencing for the pool, or displayed near the pool, so that the sign is conspicuous and easily visible to a person near the pool; and (b) be at least 300 mm x 300 mm in size; and (c) be made of durable and weatherproof material; and (d) include a statement that is prominent on the sign, explaining to a person reading the sign how to act in an emergency, including, for example, telephoning for an ambulance, staying with the injured person, calling for help and providing first aid; and Example — In an emergency phone 000 and ask for ambulance. Stay with injured person, call for help and resuscitate. (e) at a minimum, show enough information about the procedures for providing first aid to enable a person reading the sign to perform expired air resuscitation or cardiopulmonary resuscitation on an infant or young child. ‘ (3) Each diagram or letter on the sign must be durable, legible and clearly visible.

s4 4 s4 Standard Building Amendment Regulation (No. 1) 2003 No. 233, 2003 ‘62 Warning sign requirements and display—Act, s 16A ‘ (1) This section prescribes, for section 16A(2)(a) of the Act— (a) the way a warning sign must be displayed on residential land before the construction of an outdoor swimming pool on the land; and (b) the requirements for the sign. ‘ (2) The sign must— (a) warn members of the public in the vicinity of the land that— (i) a swimming pool is under construction on the land; and (ii) there is a potential danger to young children accessing the land; and Example of what sign must state — ‘Danger. Swimming pool under construction. Keep children out.’ (b) subject to subsection (4), be placed on, or within 1.5 m of, the road frontage for the land; and (c) be mounted so that the bottom of the sign is at least 300 mm above ground level; and (d) be positioned so that it is visible from the road; and (e) be made of weatherproof material. ‘ (3) Any lettering on the sign that relates to the warning mentioned in subsection (2)(a) must be at least 50 mm in height and in a bold style. ‘ (4) If the land has more than 1 road frontage, a sign is not required to be placed on more than 1 road frontage for the land. ‘ (5) The sign may include a reference to a matter other than the warning mentioned in subsection (2)(a). ‘ (6) In this section— “road frontage” , for land, means— (a) if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access; or (b) if paragraph (a) does not apply—the boundary between the land and any road adjoining the land.

s5 5 s5 Standard Building Amendment Regulation (No. 1) 2003 No. 233, 2003 ‘63 Applications to private certifiers ‘ (1) This section applies if— (a) a development application for building work for a swimming pool constructed, or to be constructed, on residential land is made to a private certifier; and (b) the application does not provide for the construction of fencing complying with the fencing standards prescribed under section 60; and (c) the applicant is seeking exemption under section 16C 3 of the Act for the purposes of the non-compliance under paragraph (b). ‘ (2) The private certifier may approve the application only if— (a) the local government grants the exemption; and (b) the application complies with the exemption and any conditions on the exemption. ‘64 Local government to keep register of exemptions ‘The local government must— (a) keep a register of exemptions under part 3 of the Act; and (b) make the register available for inspection.’. 5 Insertion of new pt 14 After part 13— insert— 3 Section 16C (Application for exemption from fencing) of the Act

s5 6 s5 Standard Building Amendment Regulation (No. 1) 2003 No. 233, 2003 ‘PART 14—TRANSITIONAL PROVISIONS ‘131 Applications to private certifiers before commencement ‘Section 67, 4 as in force immediately before the commencement of this section, continues to apply to a development application made to a private certifier before the commencement as if the section had not been repealed. ‘132 Record of exemptions ‘Section 68, 5 as in force immediately before the commencement of this section, continues to apply, as if it had not been repealed, to any record of exemption that, immediately before the commencement, was required to be kept under the section.’. ENDNOTES 1. Made by the Governor in Council on 25 September 2003. 2. Notified in the gazette on 26 September 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 2003 4 Section 67 (Applications to private certifiers) 5 Section 68 (Local government to keep record of exemptions)