Victorian Consolidated Regulations

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BUILDING REGULATIONS 2018 - REG 147W

Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas

    (1)     A relevant council may exempt an owner from the requirement under regulation 147V(1)(a) to lodge a certificate of pool and spa barrier compliance with the relevant council for a barrier for a swimming pool or spa required to be registered under regulation 147L if—

        (a)     the owner lodges an occupancy permit or certificate of final inspection with the relevant council which—

Reg. 147W(1)(a)(i) amended by S.R. No. 42/2020 reg. 8.

              (i)     relates to a building permit issued in relation to the barrier before 1 November 2020; and

Reg. 147W(1)(a)(ii) amended by S.R. No. 42/2020 reg. 8.

              (ii)     was issued after an inspection of the barrier carried out on or after 1 November 2019; or

        (b)     the owner lodges a document with the relevant council that—

Reg. 147W(1)(b)(i) amended by S.R. No. 42/2020 reg. 8.

              (i)     is signed by a registered building surveyor or registered building inspector who inspected the barrier on or after 1 November 2017; and

              (ii)     is dated no more than 4 years before the date of the lodgement of the document; and

              (iii)     states that at the time of the inspection by the registered building surveyor or registered building inspector the barrier complied with the applicable barrier standard.

    (2)     If an owner is exempted under subregulation (1), the relevant council must give a notice in writing to the owner stating—

        (a)     that the owner is exempted from the requirement to lodge the next certificate of pool and spa barrier compliance by the applicable date under regulation 147V(1)(a) for the barrier; and

        (b)     the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council, which must be 4 years after the date of the inspection of the barrier relating to the occupancy permit, certificate of final inspection or the document.

Reg. 147X inserted by S.R. No. 116/2019 reg. 11.



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