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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 21 April 2019 at 16:16)
Part 2 Division 4
Division 4 Additional requirements for swimming pools
15   Child-resistant barrier must be in good repair
(1)  Despite any other provision of this Act, the occupier of any premises on which a child-resistant barrier:
(a)  is required by this Act to be installed in relation to a swimming pool, or
(b)  is, at the commencement of this Act or at any later time, installed in relation to a swimming pool, whether or not it is required by this Act to be installed,
must, so long as the swimming pool exists, maintain the barrier in existence and in a good state of repair as an effective and safe child-resistant barrier.
Maximum penalty: 50 penalty units.
(2)  The regulations may prescribe standards of maintenance for the purposes of this section.
(3)  A person who complies with the standards prescribed by the regulations is taken to have complied with this section.
16   Access to swimming pools must be kept securely closed
The occupier of any premises in or on which a swimming pool is situated must ensure that all doors and gates providing access to the swimming pool are kept securely closed at all times when they are not in actual use.
Maximum penalty: 50 penalty units.
17   Warning notices must be erected near swimming pools
(1)  The occupier of any premises in or on which a swimming pool is situated must ensure that there is at all times maintained, in a prominent position in the immediate vicinity of the swimming pool, a sign erected in accordance with the regulations and bearing the notice required by the regulations.
Maximum penalty: 5 penalty units.
(2)  The regulations may make provision for or with respect to the erection, display and maintenance of other signs, and the notices to be borne by those signs, by the occupier of any premises in or on which a swimming pool is situated.
(3)  Failure to comply with the requirements of this section or of a regulation which is expressed to be made for the purposes of this section does not give rise to any civil liability that would not exist apart from this section.
18   Owner may decide where required child-resistant barrier is to be located
The owner of any premises in or on which an outdoor swimming pool is situated may, subject to the other provisions of this Part, determine where any child-resistant barrier required by this Part is to be located.
19   House wall may be used as part of required child-resistant barrier
(1)  A child-resistant barrier that is formed by, or that includes, a wall of a residential building or a building used for the purposes of tourist and visitor accommodation is regarded, for the purposes of sections 7 and 12, as separating any outdoor swimming pool from the building so long as:
(a)  the wall contains no opening through which access may at any time be gained to the swimming pool, and
(b)  the wall is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations, and
(c)  the remainder of the barrier complies with section 7 or 12, as the case requires.
(2)  The regulations may prescribe circumstances in which an opening in a wall is or is not to be regarded as an opening through which access may at any time be gained to a swimming pool for the purposes of subsection (1) (a).
20   Exemption for spa pools
A spa pool is not required to be surrounded by a child-resistant barrier so long as access to the water contained in the spa pool is restricted, in accordance with the standards prescribed by the regulations, at all times when the spa pool is not in actual use.
21   Multiple swimming pools in close proximity
For the purposes of this Part, 2 or more swimming pools that are situated on the same premises and in close proximity to each other are taken to be one swimming pool.
22   Local authority may grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases
(1)  The local authority may, on application made by the owner of any premises in or on which a swimming pool is situated, or proposed to be constructed or installed, exempt the swimming pool from all or any of the requirements of this Part if it is satisfied, in the particular circumstances of the case:
(a)  that it is impracticable or unreasonable (because of the physical nature of the premises, because of the design or construction of the swimming pool or because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption) for the swimming pool to comply with those requirements, or
(b)  that alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool.
(2)  An exemption may be granted unconditionally or subject to such conditions as the local authority considers appropriate to ensure that effective provision is made for restricting access to the swimming pool concerned or the water contained in it.
(3)  A person is not guilty of an offence under this Part:
(a)  if the swimming pool concerned is the subject of an exemption under this section, and
(b)  if the conditions (if any) to which the exemption is subject are being complied with.
(4)  For the purposes only of any appeal proceedings arising in connection with an application under this section, the local authority is taken to have refused the application if it has not finally determined the application within 6 weeks after the application was made.