{"id":"planning-development-and-infrastructure-swimming-pool-safety-regulations-2019","name":"Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019","slug":"planning-development-and-infrastructure-swimming-pool-safety-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236250,"registerId":"sa-planning-development-and-infrastructure-swimming-pool-safety-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019","content":"South Australia\nPlanning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019\nunder the Planning, Development and Infrastructure Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Swimming pools—designated safety requirements\n4\tSwimming pool safety features\n5\tPrescribed event\n6\tRequirements for designated safety features for swimming pools\n7\tDesignated safety requirements—construction of designated safety features\n8\tExpiation of offences\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019.\n3—Interpretation\nIn these regulations—\nAct means the Planning, Development and Infrastructure Act 2016.\nPart 2—Swimming pools—designated safety requirements\n4—Swimming pool safety features\n\t(1)\tFor the purposes of the definition of swimming pool safety features in section 3(1) of the Act, the following features are prescribed (insofar as they are relevant to the particular circumstances taking into account the provisions of the Building Code):\n\t(a)\tfences;\n\t(b)\tbarriers;\n\t(c)\twater recirculation systems;\n\t(d)\tsecondary outlets from a swimming pool;\n\t(e)\twarning notices.\n\t(2)\tFor the purposes of these regulations, in relation to a swimming pool constructed after the commencement of this subregulation, temporary fencing will not be regarded as a designated safety feature installed and maintained in accordance with the relevant requirements applying under these regulations (except as provided in subregulation (3)) after the period of 2 months has elapsed from the completion of construction of the swimming pool.\n\t(3)\tThe designated owner of a swimming pool will not, while a swimming pool fence is being maintained or repaired, be regarded as having installed and maintained designated safety features in accordance with the relevant requirements applying under these regulations, unless the designated owner ensures that temporary fencing is installed and maintained such that those requirements are satisfied in respect of the swimming pool during the period of maintenance or repair.\nNote—\nIn order for temporary fencing to be regarded as having been installed and maintained in accordance with the relevant requirements applying under these regulations, the temporary fencing would need to satisfy the relevant requirements applying, such as requirements relating to the minimum height of the fencing, the maximum distance between vertical bars or posts, the securing of openings by child proof locks (or other effective locking mechanisms) and the absence of foot or handholds.\n5—Prescribed event\n\t(1)\tFor the purposes of the definition of prescribed event in section 156(1) of the Act, the transfer of title to land where a swimming pool is situated is prescribed as constituting a prescribed event.\n\t(2)\tFor the purposes of subregulation (1)—\n\t(a)\tif a formal settlement forms part of the processes associated with a transfer of title to land, the title will be taken to be transferred at the time of settlement; and\n\t(b)\tthe transfer of the interest of—\n\t(i)\ta unit holder of a unit under the Strata Titles Act 1988; or\n\t(ii)\tan owner of a community lot under the Community Titles Act 1996; or\n\t(iii)\tan occupant of a unit in a building unit scheme,\nwill be taken to be a transfer of title of land; and\n\t(c)\tland will be taken to include a unit under the Strata Titles Act 1988, a community lot under the Community Titles Act 1996 and a unit in a building unit scheme.\n6—Requirements for designated safety features for swimming pools\n\t(1)\tFor the purposes of section 156(2) of the Act, the following requirements are prescribed:\n\t(a)\tin relation to a swimming pool approved, constructed or installed before 1 July 1993—the requirements set out in a Ministerial building standard published for the purposes of this regulation;\n\t(b)\tin relation to any other swimming pool—the requirements relating to the construction and safety of swimming pools under the Building Code, as it applied at the time the application for a relevant consent or approval was made (being an application that related to the construction of the swimming pool or to some other form of building work where designated safety features are relevant).\n\t(1a)\tFor the purposes of section 156(3)(a) of the Act—\n\t(a)\tthe requirements under subregulation (1) are prescribed; and\n\t(b)\tthe designated owner of a swimming pool must ensure that designated safety features are installed and maintained in accordance with the relevant requirements under subregulation (1).\n\t(2)\tFor the purposes of section 156(3)(b)(i) of the Act, the designated owner of an existing swimming pool must ensure that designated safety features are installed in accordance with the relevant requirements under subregulation (1) before the occurrence of a prescribed event.\n7—Designated safety requirements—construction of designated safety features\nIf building work that involves the construction of a swimming pool is being carried out within the area of a council, then—\n\t(a)\ta licensed building work contractor who is carrying out the work or who is in charge of carrying out the work; or\n\t(b)\tif there is no such licensed building work contractor, the designated owner of the swimming pool,\nmust ensure that the construction of all relevant designated safety features is completed on or before the first of the following dates:\n\t(c)\tthe date that falls 2 months after completion of the construction of the swimming pool;\n\t(d)\tthe date on which the pool is filled with water.\n8—Expiation of offences\nFor the purposes of Schedule 5 item 46 of the Act—\n\t(a)\tan expiation fee of $750 is fixed in respect of an offence against section 156(4) of the Act; and\n\t(b)\tauthorised officers under the Act, and authorised persons appointed under section 260 of the Local Government Act 1999, are designated as persons who are authorised to give expiation notices with respect to an expiation of an offence against section 156(4) of the Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n175\nGazette 27.6.2019 p2553 \n1.7.2019: r 2\n2019\n225\nGazette 31.10.2019 p3620\n31.10.2019: r 2\n2020\n218\nGazette 18.6.2020 p3446\n18.6.2020: r 2\n2021\n25\nGazette 4.3.2021 p843\n4.3.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n31.10.2019\nPt 2\n\n\nr 4\n\n\nr 4(1)\nr 4 redesignated as r 4(1) by 25/2021 r 4\n4.3.2021\nr 4(2) and (3)\ninserted by 25/2021 r 4\n4.3.2021\nr 6\n\n\nr 6(1)\nvaried by 225/2019 r 4(1)\n31.10.2019\n\nvaried by 25/2021 r 5\n4.3.2021\nr 6(1a)\ninserted by 225/2019 r 4(2)\n31.10.2019\nr 7\nvaried by 218/2020 r 4\n18.6.2020\nHistorical versions\n31.10.2019\n\n18.6.2020\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. Based on the title alone, the regulation appears narrowly focused on swimming pool safety within the planning and development framework — consistent with its apparent original intent. No determination can be made about whether scope shifted through amendments or drafting."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its content","Complexity of the underlying regulation cannot be assessed without access to its provisions","Regulations of this type typically involve technical building standards which can add complexity, but this cannot be confirmed"],"plain_english_summary":"The Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019 (SA) are subordinate rules under the PDI Act setting safety requirements for swimming pools and spas in South Australia. They establish barrier, compliance and inspection standards that affect homeowners, property developers and builders installing or owning pools.\n\nThey matter because mandated physical barriers and compliance checks reduce the risk of child drownings by limiting unsupervised access to water."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations implement and specify the scope of swimming pool safety requirements under section 156 of the Planning, Development and Infrastructure Act 2016. They prescribe which features count as safety features (r 4), define the prescribed event as transfer of title (r 5), set required standards and timings for installation and maintenance (r 6–r 7), and fix enforcement mechanisms including an expiation fee (r 8). They do not, on their face, expand the statutory triggers in the Act but detail standards and procedures by reference to other instruments."},"complexity_factors":["Cross-references to the Act and external instruments (Planning, Development and Infrastructure Act 2016; Building Code; Ministerial building standard) create layered compliance obligations (regs 3, 6(1)).","Different technical standards apply depending on construction date (pre-1 July 1993 vs later), requiring historical checks (r 6(1)(a)–(b)).","Multiple timing triggers and deadlines: construction completion, pool fill date, 2‑month limit for temporary fencing, and prescribed event on title transfer (r 4(2)–(3); r 7(c)–(d); r 5(1)).","Divergent responsibilities during construction: licensed building work contractor duties versus designated owner duties if no contractor (r 7(a)–(b)).","Expanded definition of prescribed event to cover strata, community lots and building unit schemes, which affects conveyancing and strata transactions (r 5(2)).","Enforcement and sanction design: fixed expiation amount and designated authorised persons to issue notices (r 8), requiring administrative processes for issuing and collecting fines.","Operational detail and evidentiary expectations for temporary fencing to qualify as compliant (r 4(3) and accompanying note) increase inspection and verification burdens.","Use of the term “designated owner” and its obligations under section 156 of the Act ties regulatory duties to property ownership status, requiring clear identification in practice (regs 6(1a), 6(2))."],"plain_english_summary":"These regulations set out what safety features a swimming pool in South Australia must have, when they must be installed or maintained, and who is responsible. They prescribe fences, barriers, recirculation systems, secondary outlets and warning notices; make the transfer of title a trigger for compliance; limit use of temporary fencing after construction to two months; and fix a $750 expiation for certain breaches. Designated owners (or licensed contractors during construction) must meet Building Code or Ministerial standards and authorised officers may issue expiation notices."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope focused on swimming pool safety features. The amendment history shows minor technical updates (redesignating subregulations, inserting new subsections on temporary fencing, varying timing requirements) rather than expansion into new policy areas. The core purpose — prescribing safety requirements for pool fences and barriers — remains consistent with the enabling Act's intent."},"complexity_factors":["Multiple cross-references to the parent Act (Planning, Development and Infrastructure Act 2016) and other legislation (Building Code, Strata Titles Act 1988, Community Titles Act 1996, Local Government Act 1999)","Date-based conditional requirements — different rules apply depending on whether the pool was built before or after 1 July 1993","Nested definitions and defined terms including \"designated owner\", \"prescribed event\", and \"designated safety features\"","Complex timing provisions with multiple triggering events (completion of construction, filling with water, 2-month grace periods, transfer of title)","Exception to exception structure in regulation 4 — temporary fencing is generally not allowed after 2 months, except during maintenance/repair, but only if it meets all other safety requirements","Incorporation of external documents by reference (Building Code, Ministerial building standards) without reproducing their content in the regulations"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the safety rules for swimming pools in South Australia. They specify what safety features (like fences, barriers, and warning signs) must be installed and maintained to prevent drownings, particularly of young children.\n\n**Who it affects:**\n\n- **Pool owners** (called \"designated owners\" in the law) — anyone who owns land with a swimming pool\n- **Builders and contractors** who construct swimming pools\n- **People buying or selling property** with a pool — the law treats the sale of a property as a \"prescribed event\" that triggers safety checks\n- **Unit and apartment owners** — special rules apply for strata and community title properties\n\n**Key requirements:**\n\n- **Fences and barriers** must meet standards from the Building Code (or older Ministerial standards for pools built before 1993)\n- **Temporary fencing** is only allowed for 2 months after construction finishes, or during repairs to permanent fencing\n- **Timing matters** — safety features must be finished before the pool is filled with water, or within 2 months of construction finishing (whichever comes first)\n- **Selling your property?** You must ensure safety features are up to standard before the title transfers\n\n**Why it matters:**\n\nDrowning is a leading cause of accidental death for young children in Australia. These regulations create legally enforceable standards to keep kids safe around backyard pools. Breaking the rules can result in a **$750 on-the-spot fine** (called an \"expiation fee\")."}},"importantCases":[],"_links":{"self":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019","history":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019/history","analysis":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019/analysis","conflicts":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019/conflicts","importantCases":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019/important-cases","documents":"/api/acts/planning-development-and-infrastructure-swimming-pool-safety-regulations-2019/documents"}}