Victorian Repealed Regulations

This legislation has been repealed.

Building Regulations 1994 - SECT 5.13.

Safety of existing swimming pools and spas

5.13. Safety of existing swimming pools and spas



(1) This regulation applies to a swimming pool or spaž

   (a)  on an allotment containing a Class 1 or 10 building; and

   (b)  capable of containing a depth of water exceeding 300mm; and

   (c)  constructed, or for which building approval was granted, before 8
        April 1991.

(2) The owner of the swimming pool or spa must ensure that one or more of the
following barriers are in place to restrict access to the part of the
allotment or building containing the swimming pool or spa-

   (a)  a wall of a building, but only if-

   (i)  any door or gate in the wall complies with sub-regulation (3); and

   (ii) any openable part of any window in the wall-

                (A)  is not less than 2×4m above the ground or paving
                     immediately external to the window; or

                (B)  is not less than 1×5m above the floor of the room
                     containing the window; or

                (C)  has a catch, bolt or lock located not less than 1×5m
                     above that floor level; or

                (D)  has a securely fitted fly screen;

   (b)  a fence and gate complying with AS 1926.1-1993 Fencing for swimming
        pools;

   (c)  a paling, or imperforate fence if-

   (i)  it is at least 1×5m in height measured above the ground level on the
        approach side; and

   (ii) any door or gate in the fence complies with sub-regulation (3).
        Penalty: 50 penalty units.

(3) With respect to any door or gate providing access to the part of the
allotment or building containing the swimming pool or spa, the owner of the
swimming pool or spa must ensure-

   (a)  that there is a self-locking or self-latching device that prevents the
        door or gate, if the door or gate is in its closed position, from
        being opened by a person unable to reach the opening mechanism for the
        door or gate; and

   (b)  that the opening mechanism is located not less than 1×5m above the
        ground, or the internal floor, level (as the case may be), measured
        from the approach side; and

   (c)  that the door or gate is fitted with a device that returns the door or
        gate to its closed positionž

   (i)  from any position in the range of positions from fully open to resting
        on the lock or latch; and

   (ii) from a stationary start from any position within that range without
        the application of manual force. Penalty: 50 penalty units.

(4) In this regulation, "owner" in relation to a swimming pool or spa means-

   (a)  in the case of a swimming pool or spa on an allotment being purchased
        under a terms contract (as defined in section 2 of the
        Sale of Land Act 1962) under which the purchaser has become entitled
        to possession or to the receipt of the rents and profits, the
        purchaser of that allotment; and

   (b)  in the case of a swimming pool or spa on any other allotment, the
        owner of that allotment.