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Contents (1992 - 49)
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Swimming Pools Act 1992 No 49
Current version for 31 October 2018 to date (accessed 19 April 2019 at 13:07)
Part 2 Division 1
Division 1 Outdoor swimming pools for dwelling-houses etc
6   To which swimming pools does this Division apply?
This Division applies to outdoor swimming pools that are situated, or proposed to be constructed or installed, on premises on which a residential building is located.
7   General requirements for outdoor swimming pools
(1)  The owner of the premises on which a swimming pool is situated must ensure that the swimming pool is at all times surrounded by a child-resistant barrier:
(a)  that separates the swimming pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises, and
(b)  that is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations.
Maximum penalty: 50 penalty units.
(2)  The diagrams in Part 1 of Schedule 1 illustrate the provisions of this section.
Note.
 Section 7 should be read in conjunction with the other provisions of this Part, in particular sections 8, 9, 10, 18, 19 and 22.
8   Exemption for swimming pools constructed before August 1990 and existing swimming pools on small properties
(1)  This section applies to the following swimming pools:
(a)  swimming pools the construction or installation of which commenced before 1 August 1990,
(b)  swimming pools the construction or installation of which commenced before 1 July 2010 and that are situated on premises having an area of less than 230 square metres.
Note.
 230 square metres is the smallest area on which a dwelling-house may currently be erected.
(2)  The child-resistant barrier surrounding the swimming pool is not required to separate the swimming pool from any residential building situated on the premises so long as the means of access to the swimming pool from the building are at all times restricted in accordance with the standards prescribed by the regulations.
(3)  The diagrams in Part 2 of Schedule 1 illustrate the provisions of this section.
(4)  This section ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.
9   Exemption for swimming pools on large properties
(1)  This section applies to swimming pools the construction or installation of which commenced before 1 July 2010.
(2)  A swimming pool that is situated on premises having an area of 2 hectares or more is not required to be surrounded by a child-resistant barrier so long as the means of access to the swimming pool from any residential building situated on the premises are at all times restricted in accordance with the standards prescribed by the regulations.
(3)  The diagram in Part 3 of Schedule 1 illustrates the provisions of this section.
(4)  A reference in this section to a residential building does not include a reference to a structure (such as a garage or shed) that is ancillary to the building if the structure is not itself used for residential purposes.
(5)  This section ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.
10   Exemption for swimming pools on waterfront properties
(1)  This section applies to swimming pools the construction or installation of which commenced before 1 July 2010.
(2)  A swimming pool that is situated on premises having frontage to any large body of water (such as a permanently flowing creek, a river, a canal, a pond, a lake, a reservoir, an estuary, the sea or any other body of water, whether natural or artificial) is not required to be surrounded by a child-resistant barrier so long as the means of access to the swimming pool from any residential building situated on the premises are at all times restricted in accordance with the standards prescribed by the regulations.
(3)  The diagram in Part 4 of Schedule 1 illustrates the provisions of this section.
(4)  A reference in this section to a residential building does not include a reference to a structure (such as a garage or shed) that is ancillary to the building if the structure is not itself used for residential purposes.
(5)  This section ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.