QLDIn ForceAct
Building Act 1975
sec.231BWhat is a regulated pool
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### sec.231B What is a regulated pool
A regulated pool —
is a swimming pool situated on regulated land; and
includes the barriers for the pool.
The barriers for the pool include any of the following—
the fencing for the pool;
the walls of a building enclosing the pool;
another form of barrier mentioned or provided for in the pool safety standard.
Under QDC, part MP3.4, a canal, lake, river, creek, stream, pond, ocean or dam may, in particular circumstances, form part of a barrier.
Despite subsection (1) , other than in part 2A a regulated pool does not include a swimming pool situated on either of the following if an approved pool safety management plan is in force for the pool—
common property in a class 3 building, including a class 3 building that is to be constructed;
land adjacent to land on which a class 3 building is, or is to be, constructed and that is—
in the same ownership as the building; or
used in association with the building.
Also, a regulated pool does not include a public pool.
In this section—
public pool means a swimming pool open to the public, whether or not on payment of money, and operated by a local government or other statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
s 231B ins 2010 No. 21 s 9
amd 2010 No. 35 s 13 ; 2011 No. 1 s 143 ; 2011 No. 27 s 215
(sec.231B-ssec.1) A regulated pool — is a swimming pool situated on regulated land; and includes the barriers for the pool.
(sec.231B-ssec.2) The barriers for the pool include any of the following— the fencing for the pool; the walls of a building enclosing the pool; another form of barrier mentioned or provided for in the pool safety standard. Under QDC, part MP3.4, a canal, lake, river, creek, stream, pond, ocean or dam may, in particular circumstances, form part of a barrier.
(sec.231B-ssec.3) Despite subsection (1) , other than in part 2A a regulated pool does not include a swimming pool situated on either of the following if an approved pool safety management plan is in force for the pool— common property in a class 3 building, including a class 3 building that is to be constructed; land adjacent to land on which a class 3 building is, or is to be, constructed and that is— in the same ownership as the building; or used in association with the building.
(sec.231B-ssec.4) Also, a regulated pool does not include a public pool.
(sec.231B-ssec.5) In this section— public pool means a swimming pool open to the public, whether or not on payment of money, and operated by a local government or other statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
- (a) is a swimming pool situated on regulated land; and
- (b) includes the barriers for the pool.
- (a) the fencing for the pool;
- (b) the walls of a building enclosing the pool;
- (c) another form of barrier mentioned or provided for in the pool safety standard. Example— Under QDC, part MP3.4, a canal, lake, river, creek, stream, pond, ocean or dam may, in particular circumstances, form part of a barrier.
- (a) common property in a class 3 building, including a class 3 building that is to be constructed;
- (b) land adjacent to land on which a class 3 building is, or is to be, constructed and that is— (i) in the same ownership as the building; or (ii) used in association with the building.
- (i) in the same ownership as the building; or
- (ii) used in association with the building.
- (i) in the same ownership as the building; or
- (ii) used in association with the building.