Victorian Consolidated Regulations

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BUILDING REGULATIONS 2018 - REG 147ZK

Municipal building surveyor may serve a barrier improvement notice on owner

    (1)     If a certificate of pool and spa barrier non‑compliance for a swimming pool or spa barrier is lodged with a relevant council, the municipal building surveyor may serve a barrier improvement notice in accordance with subregulation (2) on the owner of the land on which the swimming pool or spa is located requiring the owner—

        (a)     to bring the non-compliant matters listed in the certificate of non-compliance into compliance with the applicable barrier standard; and

        (b)     to lodge with the relevant council a certificate of pool and spa barrier compliance by a date specified in the notice that is not less than 14 days after the owner receives the notice.

    (2)     A barrier improvement notice served on an owner under subregulation (1) must be in the form of Form 25.

    (3)     A municipal building surveyor must not serve a barrier improvement notice on an owner for a swimming pool or spa barrier under this regulation—

        (a)     if the municipal building surveyor has issued a notice or order under Part 8 of the Act in relation to the barrier; or

        (b)     if a person has applied for an injunction under Part 13 of the Act in relation to the barrier; or

        (c)     if a prosecution has commenced against a person in relation to the barrier under Part 13 of the Act.

Division 7—General

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



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