(1) A
"regulated pool" —(a) is a swimming pool situated on regulated land; and(b) includes the barriers for the pool.
(2) The barriers for the pool include any of the following—(a) the fencing for the pool;(b) the walls of a building enclosing the pool;(c) another form of barrier mentioned or provided for in the pool safety standard.Example—Under QDC, part MP3.4, a canal, lake, river, creek, stream, pond, ocean or dam may, in particular circumstances, form part of a barrier.
(3) Despite subsection (1) , other than in part 2A a
"regulated pool" does not include a swimming pool situated on either of the following if an approved pool safety management plan is in force for the pool—(a) common property in a class 3 building, including a class 3 building that is to be constructed;(b) land adjacent to land on which a class 3 building is, or is to be, constructed and that is—(i) in the same ownership as the building; or(ii) used in association with the building.
(4) Also, a
"regulated pool" does not include a public pool.
(5) In this section—
"public pool" means a swimming pool open to the public, whether or not on payment of money, and operated by a local government or other statutory body under the Statutory Bodies Financial Arrangements Act 1982 .