Victorian Consolidated Regulations

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BUILDING REGULATIONS 2018 - REG 147ZG

Procedure if a barrier does not meet the applicable barrier standard

    (1)     If a swimming pool and spa inspector, inspects a barrier of a swimming pool or spa and determines that the barrier does not meet the applicable barrier standard, and regulation 147ZF does not apply, the inspector must give the owner of the land on which the swimming pool or spa is located a notice in writing in accordance with subregulation (3).

    (2)     The swimming pool and spa inspector must give the notice under subregulation (1) to the owner as soon as practicable after the inspection of the barrier.

    (3)     A notice under subregulation (1) must—

        (a)     state that the barrier must be brought into compliance with the applicable barrier standard; and

        (b)     specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and

        (c)     specify the date, being not more than 60 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and

        (d)     specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies with the applicable barrier standard.

    (4)     Following the reinspection of the barrier—

        (a)     if the swimming pool and spa inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner; or

        (b)     if the swimming pool and spa inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must—

              (i)     issue a certificate of pool and spa barrier non-compliance; or

              (ii)     give the owner a notice under regulation 147ZH(1).

    (5)     The swimming pool and spa inspector must issue a certificate of pool and spa barrier non-compliance if the inspector is prevented by the owner from undertaking a reinspection of the barrier and the date specified under subregulation (3)(c) in the notice under subregulation (1) has passed.

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



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