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Building Regulations 2018
147VObligation to lodge certificate of pool and spa barrier compliance
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147V Obligation to lodge certificate of pool and spa barrier compliance
(1) The owner of land on which a swimming pool or spa is located must lodge a certificate of pool and spa barrier compliance that complies with subregulation (2) with the relevant council before or on the date specified in the notice most recently given to or served on the owner (as the case requires) (the ***applicable date***) by the relevant council under—
(a) regulation 147R(1)(e); or
(b) regulation 147R(1)(f); or
(c) regulation 147R(1)(g); or
(d) subregulation (4)(b); or
(e) regulation 147W(2)(b); or
(f) regulation 147Z(3); or
(g) regulation 147ZE(b); or
(h) regulation 147ZK(1)(b); or
(i) regulation 147ZL(2)(c).
(2) A certificate of pool and spa barrier compliance lodged by an owner with a relevant council in accordance with subregulation (1) must be dated not more than 30 days before the date it is lodged.
(3) Subregulation (1) does not apply to an owner who has been exempted under regulation 147W(1) from lodging a certificate of pool and spa compliance in accordance with a notice under regulation 147R(1)(e).
(4) Following lodgement of a certificate of pool and spa barrier compliance with the relevant council by an owner in accordance with subregulation (1), the relevant council must give a notice in writing to the owner of—
(a) the date the certificate of pool and spa barrier compliance was lodged with the relevant council; and
(b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council which must be 4 years after the previous certificate was lodged with the relevant council.
Reg. 147W inserted by S.R. No. 116/2019 reg. 11.
147W Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas
(1) A relevant council may exempt an owner from the requirement under regulation 147V(1)(a) to lodge a certificate of pool and spa barrier compliance with the relevant council for a barrier for a swimming pool or spa required to be registered under regulation 147L if—
(a) the owner lodges an occupancy permit or certificate of final inspection with the relevant council which—
Reg. 147W(1)(a)(i) amended by S.R. No. 42/2020 reg. 8.
(i) relates to a building permit issued in relation to the barrier before 1 November 2020; and
Reg. 147W(1)(a)(ii) amended by S.R. No. 42/2020 reg. 8.
(ii) was issued after an inspection of the barrier carried out on or after 1 November 2019; or
(b) the owner lodges a document with the relevant council that—
Reg. 147W(1)(b)(i) amended by S.R. No. 42/2020 reg. 8.
(i) is signed by a registered building surveyor or registered building inspector who inspected the barrier on or after 1 November 2017; and
(ii) is dated no more than 4 years before the date of the lodgement of the document; and
(iii) states that at the time of the inspection by the registered building surveyor or registered building inspector the barrier complied with the applicable barrier standard.
(2) If an owner is exempted under subregulation (1), the relevant council must give a notice in writing to the owner stating—
(a) that the owner is exempted from the requirement to lodge the next certificate of pool and spa barrier compliance by the applicable date under regulation 147V(1)(a) for the barrier; and
(b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council, which must be 4 years after the date of the inspection of the barrier relating to the occupancy permit, certificate of final inspection or the document.
Reg. 147X inserted by S.R. No. 116/2019 reg. 11.