Western Australian Current Regulations

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HEALTH (AQUATIC FACILITIES) REGULATIONS 2007 - REG 4

4 .         Terms used in these regulations

        (1)         In these regulations, unless the contrary intention appears —

        alter , an aquatic facility, means to do work on the facility other than work associated with maintenance or repair of the facility or replacement of plant, equipment or systems that are part of the facility with plant, equipment or systems that have substantially the same function and performance;

        approved form has the meaning given to that term in regulation 30;

        aquatic facility has the meaning given to that term in regulation 5;

        class , in relation to an aquatic facility or water body that is a part of a facility, means the class, determined in accordance with the classification in the Code, of aquatic facility that the facility or water body may be, or is being, operated as (that is, as a Class 1, 2, 3 or 4 facility);

        Code means the “Code of practice for the design, construction, operation, management and maintenance of aquatic facilities”, published by the Chief Health Officer under the Act on 1 June 2007 as amended by the Chief Health Officer from time to time, and any code of practice under the Act that replaces the Code;

        dwelling unit means a room or suite of rooms, and any associated parts of a building, constituting a single dwelling for the exclusive occupation of the occupant;

        improvement order means an order given under regulation 22;

        operational requirement means a requirement of the Code concerning the ongoing operation of aquatic facilities as compared to a requirement concerning the design and construction of aquatic facilities;

        operator , of an aquatic facility, means —

            (a)         the occupier of the land or premises on or in which the facility is located; and

            (b)         any other person concerned with the operation of the facility other than as an employee;

        residential lot means a lot used, or intended to be used, as a place of residence, but does not include a lot used, or intended to be used, in the course of carrying on a business of providing holiday or temporary accommodation for persons away from their normal place of residence;

        water body means a spa pool, swimming pool, swimming bath, water slide, wave pool, and any other aquatic amenity or facility that is controlled or used by or in connection with any club, school, business, association or body corporate.

        (2)         A standard, guide or other document that is adopted, applied or referred to by the Code but is not adopted, applied or referred to as at a particular time, is the version of the standard, guide or document as in force at the time these regulations first came into operation.

        [Regulation 4 amended: Gazette 8 Dec 2009 p. 4998-9; 10 Jan 2017 p. 258 and 259.]



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