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These Regulations may be cited as the Swimming Pool Safety
Regulations 2004.
These Regulations come into operation on the commencement of the
Swimming Pool Safety Act 2004.
In these Regulations:
adjoining premises, in relation to a dividing barrier, means the premises separated by the dividing barrier from the premises at which a swimming pool is to be constructed or is situated.
Australian Standards means Australian Standard
AS 1926.1‑1993 "Swimming pool safety Part 1:
Fencing for swimming pools" and Australian Standard
AS 1926.2–1995 "Swimming pool safety Part 2: Location of fencing for private swimming pools".
certificate means an interim compliance certificate, compliance certificate or provisional compliance certificate.
dividing barrier notice means the notice referred to in regulation 7.
Guidelines means the Community Safety Standard
Guidelines referred to in regulation 6.
For section 6(2)(d) of the Act, a structure having the characteristics described in section 6(1) of the Act is exempt from the application of the Act if the structure is situated at any of the following premises:
premises at which there is a hotel or motel;
(b) premises (other than a house) at which accommodation is provided for a fee, or under a short term lease, for holiday accommodation;
(c) premises at which there is a house in which the owner of the premises does not normally reside and at which accommodation is provided for a fee, or under a short term lease, for holiday accommodation;
(d) premises at which there is a complex of buildings that are principally used for non-residential purposes.
(1) The standards referred to in section 10(1)(a)(iii) of the Act are the Australian Standards as modified by this regulation.
(2) The Australian Standards are modified by omitting Clause 2.3.2 of AS 1926.1–1993 and substituting the following:
"2.3.2 Chainmesh A fence that uses chainmesh with apertures not greater than 13 mm must include a strainer wire or a rail at the top and the bottom of the fence and must have an effective fencing height of not less than 1.2 m.
A fence that uses chainmesh with apertures greater than 13 mm but less than 100 mm must include a strainer wire or a rail at the top and the bottom of the fence and must have an effective fencing height of not less than 1.7 m.".
(3) A provision of the Australian Standards that refers to a measurement on the outside of a swimming pool barrier is modified, when applied to a dividing barrier, so that it refers to a measurement on the inside of the dividing barrier.
(4) The Australian Standards are modified to the extent necessary to provide that no action is required to be taken on adjoining premises by any person to ensure a dividing barrier complies with the modified Australian Standard.
(5) If there is an inconsistency between the Australian Standards and the Act or these Regulations, the Australian Standards are modified to the extent necessary to achieve consistency.
In subregulation (3):
inside means the side facing the pool area.
The guidelines referred to in section 11(3) of the Act are the
Community Safety Standard Guidelines specified in Schedule 2.
A dividing barrier notice under section 10(1)(b), 11(1)(b) or 12(1)(b)(iii) of the Act must include the following information:
the name and address of the owner of the premises on which the swimming pool is to be constructed or is situated;
the address of the premises at which the swimming pool is to be constructed or is situated;
there is to be a swimming pool constructed at those premises or there is a swimming pool situated at those premises;
the owner of those premises intends to apply to the Authority for a an interim compliance certificate, compliance certificate or acknowledgment notice (as applicable) in respect of the swimming pool;
the dividing barrier will be used or is being used as a swimming pool barrier for the swimming pool;
there may be a risk to a child if an object is placed against or close to the dividing barrier on the adjoining premises that might assist a child to climb over the barrier;
if the owner is not the occupier of the adjoining premises, the owner should notify the occupier about the information in the dividing barrier notice;
the owner or occupier of the adjoining premises may request the advice of a pool safety adviser in relation to the dividing barrier notice.
The dividing barrier notice must be given to the owner of the adjoining premises in accordance with section 52(2) of the Act.
An application for an interim compliance certificate must contain the following information:
the name and address of the owner of the small premises at which the swimming pool is to be constructed;
the address of the premises at which the swimming pool is to be constructed;
whether the swimming pool will comply with the modified
Australian Standard or non-standard safety provision;
if the swimming pool is to be constructed in accordance with the non-standard safety provision – all particulars of the proposed enclosure of the swimming pool;
if there is to be a dividing barrier – confirmation that the owner of the small premises has given a dividing barrier notice to the owner of the adjoining premises;
whether the owner of the small premises has received the advice of a pool safety adviser.
An application under section 16 of the Act for a compliance certificate must contain the following information:
(a) the identification number of the interim compliance certificate in force in respect of the swimming pool;
(b) the date of completion of construction of the swimming pool and swimming pool barrier;
any further information the Authority considers necessary.
An application under section 17 of the Act for a compliance certificate must contain the following information:
the name and address of the owner of the premises at which the swimming pool is situated;
the address of the premises at which the swimming pool is situated;
whether those premises are small premises or large premises and whether the swimming pool is a new swimming pool or an existing swimming pool;
whether the swimming pool complies with the modified Australian
Standard or non-standard safety provision;
if the swimming pool complies with the non-standard safety provision – all particulars of the enclosure of the swimming pool;
if there is a dividing barrier – confirmation that the owner of the premises at which the swimming pool is situated has given a dividing barrier notice to the owner of the adjoining premises;
whether the owner of the premises at which the swimming pool is situated has received the advice of a pool safety adviser.
An application for a provisional compliance certificate must contain the following information:
the name and address of the purchaser of the small premises;
the address of the small premises being purchased;
the proposed date of completion of the contract of sale;
(d) there is at those premises an existing swimming pool that is not certified or notified and the purchaser proposes to upgrade the swimming pool;
(e) whether the purchaser proposes to upgrade the swimming pool to comply with the modified Australian Standard or non-standard safety provision;
(f) the measures the purchaser proposes to take to ensure compliance with the applicable safety standard;
(g) the estimated time, not exceeding 3 months after the purchase of the premises, in which the upgrade of the swimming pool will be completed;
(h) whether the purchaser has received the advice of a pool safety adviser.
(1) The holder of a certificate must apply to the Authority for a variation of the certificate if the following circumstances apply:
(a) the name of the holder specified in the certificate is to change due to the sale of the premises specified in the certificate;
(b) there is change to any other particular specified in the certificate;
(c) the holder wishes the Authority to vary any condition specified in the certificate.
(2) The holder of a certificate must apply to the Authority in the approved form for the revocation of the certificate if the swimming pool to which the certificate relates is no longer being constructed or is no longer situated at the premises specified in the certificate.
(3) A application for the variation or revocation of a certificate must contain the following information:
the name and address of the holder of the certificate;
the address of the premises specified in the certificate;
(c) whether the application is for a variation or revocation of the certificate and the reasons for making the application;
any other information the Authority considers necessary.