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1044 - Local Government - SWIMMING POOLS


Primrose, Peter to the Minister for Roads, Maritime and Freight, and Vice-President of the Executive Council representing the Minister for Local Government
  1. In May 2013 was the Building Code of Australia amended to provide that, in New South Wales only, the external walls of swimming pools⁄out-of-ground pool walls could no longer be used as part of the swimming pool barrier, even if they were a minimum of 1200mm in height and fully compliant with all relevant Australian Standards?
    1. Which agency initiated this proposed changed?
    2. Was a Regulatory Impact Statement undertaken? If so, by which Agency?
  2. How many swimming pools are there in New South Wales with out-of-ground pool walls as part of the pool barrier?
    1. Were such pools ever legal in New South Wales, if their construction had been approved by a local government authority?
    2. Are they legal now?
    3. If not, what action is being taken to alert the owners of such pools that their pools are illegal?
Answer -

External walls of out of ground pool walls would not ordinarily satisfy the requirements of section 7 of the Swimming Pools Act 1992. This has been the law of NSW since the inception of the Act. Provisions introduced into the Building Code of Australia by AS1926.1-2012 preserve the law of NSW.

Under Section 22 of the Act a local authority may grant exemptions from barrier requirements that are impractical or unreasonable in particular cases. Recording such exemptions is a matter for the relevant local authority.

Question asked on 22 June 2016 (session 56-1) and published in Questions & Answers Paper No. 64
Answer received on 27 July 2016 and printed in Questions & Answers Paper No. 66