Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019

These regulations may be cited as the

Planning, Development and

Regulations 2019.

In these regulations—

Act means the Planning, Development and Infrastructure

Act 2016.

For the purposes of the definition of swimming pool safety features in section 3(1) of the Act, the following features are prescribed (insofar as they are relevant to the particular circumstances taking into account the provisions of the Building Code):

fences;

barriers;

water recirculation systems;

secondary outlets from a swimming pool;

warning notices.

For the purposes of these regulations, in relation to a swimming pool constructed after the commencement of this subregulation, temporary fencing will not be regarded as a designated safety feature installed and maintained in accordance with the relevant requirements applying under these regulations (except as provided in subregulation (3)) after the period of 2 months has elapsed from the completion of construction of the swimming pool.

The designated owner of a swimming pool will not, while a swimming pool fence is being maintained or repaired, be regarded as having installed and maintained designated safety features in accordance with the relevant requirements applying under these regulations, unless the designated owner ensures that temporary fencing is installed and maintained such that those requirements are satisfied in respect of the swimming pool during the period of maintenance or repair.

[Note: NoteIn order for temporary fencing to be regarded as having been installed and maintained in accordance with the relevant requirements applying under these regulations, the temporary fencing would need to satisfy the relevant requirements applying, such as requirements relating to the minimum height of the fencing, the maximum distance between vertical bars or posts, the securing of openings by child proof locks (or other effective locking mechanisms) and the absence of foot or handholds.]

For the purposes of the definition of prescribed event in section 156(1) of the Act, the transfer of title to land where a swimming pool is situated is prescribed as constituting a prescribed event.

For the purposes of subregulation (1)—

if a formal settlement forms part of the processes associated with a transfer of title to land, the title will be taken to be transferred at the time of settlement; and

the transfer of the interest of—

a unit holder of a unit under the Strata Titles Act 1988;

or

an owner of a community lot under the

Community Titles

Act 1996; or

an occupant of a unit in a building unit scheme, will be taken to be a transfer of title of land; and

land will be taken to include a unit under the

Strata Titles

Act 1988, a community lot under the

Community Titles

Act 1996 and a unit in a building unit scheme.

For the purposes of section 156(2) of the Act, the following requirements are prescribed:

in relation to a swimming pool approved, constructed or installed before 1 July 1993—the requirements set out in a

Ministerial building standard published for the purposes of this regulation;

in relation to any other swimming pool—the requirements relating to the construction and safety of swimming pools under the Building

Code, as it applied at the time the application for a relevant consent or approval was made (being an application that related to the construction of the swimming pool or to some other form of building work where designated safety features are relevant).

For the purposes of section 156(3)(a) of the

Act—

the requirements under subregulation (1) are prescribed; and

the designated owner of a swimming pool must ensure that designated safety features are installed and maintained in accordance with the relevant requirements under subregulation (1).

For the purposes of section 156(3)(b)(i) of the Act, the designated owner of an existing swimming pool must ensure that designated safety features are installed in accordance with the relevant requirements under subregulation (1) before the occurrence of a prescribed event.

If building work that involves the construction of a swimming pool is being carried out within the area of a council, then—

a licensed building work contractor who is carrying out the work or who is in charge of carrying out the work; or

if there is no such licensed building work contractor, the designated owner of the swimming pool, must ensure that the construction of all relevant designated safety features is completed on or before the first of the following dates:

the date that falls 2 months after completion of the construction of the swimming pool;

the date on which the pool is filled with water.

For the purposes of Schedule 5 item 46 of the

Act—

an expiation fee of $750 is fixed in respect of an offence against section 156(4) of the Act; and

authorised officers under the Act, and authorised persons appointed under section 260 of the Local

Government Act 1999, are designated as persons who are authorised to give expiation notices with respect to an expiation of an offence against section 156(4) of the Act.