Subdiv 3Alterations to a registered swimming pool or spa or related barrier

Subdivision 3—Alterations to a registered swimming pool or spa or related barrier Reg. 147ZA inserted by S.R. No. 116/2019 reg. 11. 147ZA Application of this Subdivision This Subdivision applies to any building work that is carried out on a swimming pool barrier or spa barrier for which a building permit is required in relation to a registered swimming pool or registered spa. Reg. 147ZB inserted by S.R. No. 116/2019 reg. 11. 147ZB Issue of certificate of pool and spa barrier compliance by relevant building surveyor following completion of work (1) On the completion of the building work, the relevant building surveyor must— (a) inspect the barrier; and (b) determine if the barrier complies with the applicable barrier standard. (2) If, following an inspection under subregulation (1), the relevant building surveyor determines that the barrier complies with the applicable barrier standard, the relevant building surveyor must issue a certificate of pool and spa barrier compliance in the form of Form 23 and give the certificate to the owner of the land on which the swimming pool or spa is located. Reg. 147ZC inserted by S.R. No. 116/2019 reg. 11. 147ZC Owner must lodge certificate of pool and spa barrier compliance with relevant council following certain work An owner given a certificate of pool and spa barrier compliance under regulation 147ZB(2) must lodge the certificate with the relevant council within 14 days after receiving the certificate. Reg. 147ZD inserted by S.R. No. 116/2019 reg. 11. 147ZD Relevant council must update applicable barrier standard in register If a certificate of pool and spa barrier compliance is lodged by an owner under regulation 147ZC and the relevant building surveyor has certified that the barrier complies with the applicable barrier standard in the certificate which differs from the applicable barrier standard specified in the register, the relevant council must update the applicable barrier standard on the register to include the applicable barrier standard referred to in the certificate. Reg. 147ZE inserted by S.R. No. 116/2019 reg. 11. 147ZE Relevant council must confirm receipt of certificate of pool and spa barrier compliance Following lodgement of a certificate of pool and spa barrier compliance under regulation 147ZC, the relevant council must give a notice in writing to the owner as soon as practicable of— (a) the lodgement of the certificate of pool and spa barrier compliance; and (b) the date by which the next certificate of pool and spa barrier compliance is required to be lodged with the relevant council; and (c) if the applicable barrier standard has been updated in accordance with regulation 147ZD— (i) that the applicable barrier standard for the pool or spa has been updated; and (ii) details of the applicable barrier standard that now applies to the swimming pool or spa barrier. Division 6—Issuing of certificates of pool and spa barrier non-compliance and related matters Reg. 147ZF inserted by S.R. No. 116/2019 reg. 11. 147ZF Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued If following the inspection of a swimming pool or spa barrier, a swimming pool and spa inspector is of the opinion that any of the following circumstances exist, the inspector must immediately issue a certificate of pool and spa barrier non-compliance to the owner of the land on which the pool or spa is located— (a) within 60 days of the inspection— (i) the barrier is not capable of being made compliant with the applicable barrier standard; or (ii) the owner is unlikely to bring the barrier into compliance with the applicable barrier standard; (b) the non-compliance of the barrier with the applicable barrier standard poses a significant and immediate risk to life or safety; (c) the barrier does not comply with the applicable barrier standard in any of the following ways— (i) a door or gate forming part of the barrier, when in the closed position, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate; (ii) a door or gate forming part of the barrier is unable to be completely closed; (iii) any part of the barrier is less than 1 metre in height measured above ground level from the approach side. Reg. 147ZG inserted by S.R. No. 116/2019 reg. 11. 147ZG Procedure if a barrier does not meet the applicable barrier standard (1) If a swimming pool and spa inspector, inspects a barrier of a swimming pool or spa and determines that the barrier does not meet the applicable barrier standard, and regulation 147ZF does not apply, the inspector must give the owner of the land on which the swimming pool or spa is located a notice in writing in accordance with subregulation (3). (2) The swimming pool and spa inspector must give the notice under subregulation (1) to the owner as soon as practicable after the inspection of the barrier. (3) A notice under subregulation (1) must— (a) state that the barrier must be brought into compliance with the applicable barrier standard; and (b) specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and (c) specify the date, being not more than 60 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and (d) specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies with the applicable barrier standard. (4) Following the reinspection of the barrier— (a) if the swimming pool and spa inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner; or (b) if the swimming pool and spa inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must— (i) issue a certificate of pool and spa barrier non-compliance; or (ii) give the owner a notice under regulation 147ZH(1). (5) The swimming pool and spa inspector must issue a certificate of pool and spa barrier non-compliance if the inspector is prevented by the owner from undertaking a reinspection of the barrier and the date specified under subregulation (3)(c) in the notice under subregulation (1) has passed. Reg. 147ZH inserted by S.R. No. 116/2019 reg. 11. 147ZH Further inspection of a non-compliant barrier (1) On reinspection of a barrier under regulation 147ZG, the swimming pool and spa inspector, if satisfied that progress has been made in bringing the barrier into compliance with the applicable barrier standard, may give a notice in writing to the owner of the land on which the swimming pool or spa is located in accordance with subregulation (2). (2) Notice under subregulation (1) must— (a) state that the barrier must be brought into compliance with the applicable barrier standard; and (b) specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and (c) specify the date, being not more than 7 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and (d) specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies with the applicable barrier standard. (3) The swimming pool and spa inspector must give the notice under subregulation (1) to the owner as soon as practicable after the reinspection of the barrier under regulation 147ZG. (4) Following the further reinspection of the barrier— (a) if the swimming pool and spa inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner; or (b) if the swimming pool and spa inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier non-compliance. (5) The swimming pool and spa inspector must issue a certificate of pool and spa barrier non-compliance if the inspector is prevented by the owner from undertaking a further reinspection of the barrier and the date specified under subregulation (2)(c) in the notice under subregulation (1) has passed. Reg. 147ZI inserted by S.R. No. 116/2019 reg. 11. 147ZI Issuing a certificate of pool and spa barrier non‑compliance under this Division (1) A certificate of pool and spa barrier non‑compliance issued under this Division must be in the form of Form 24. (2) If a swimming pool and spa inspector issues a certificate of pool and spa barrier non‑compliance under this Division, the inspector— (a) must lodge that certificate as soon as practicable with the relevant council; and (b) must give a copy of the certificate to the owner. Reg. 147ZJ inserted by S.R. No. 116/2019 reg. 11. 147ZJ Fees for lodging a certificate of pool and spa barrier non-compliance with a relevant council (1) A fee, determined by the relevant council in accordance with the **Local Government Act 1989**, is payable to the relevant council by the owner of land on which a swimming pool or spa is located for the lodgement of a certificate of pool and spa barrier non-compliance, which relates to the swimming pool or spa barrier, with the relevant council under regulation 147ZI(2)(a). (2) The maximum fee that a relevant council may determine under subregulation (1) is 26 fee units. (3) If a certificate of pool and spa barrier non‑compliance is lodged with the relevant council under regulation 147ZI(2)(a), the relevant council must give a notice in writing to the owner of the land on which the swimming pool or spa relating to the barrier is located that states— (a) the fee determined by the relevant council under subregulation (1); and (b) that the fee must be paid by the owner within a period of not less than 28 days after the date the notice is received by the owner. (4) An owner must pay the fee determined under subregulation (1) within the period specified in the notice given under subregulation (3). Reg. 147ZK inserted by S.R. No. 116/2019 reg. 11. 147ZK Municipal building surveyor may serve a barrier improvement notice on owner (1) If a certificate of pool and spa barrier non‑compliance for a swimming pool or spa barrier is lodged with a relevant council, the municipal building surveyor may serve a barrier improvement notice in accordance with subregulation (2) on the owner of the land on which the swimming pool or spa is located requiring the owner— (a) to bring the non-compliant matters listed in the certificate of non-compliance into compliance with the applicable barrier standard; and (b) to lodge with the relevant council a certificate of pool and spa barrier compliance by a date specified in the notice that is not less than 14 days after the owner receives the notice. (2) A barrier improvement notice served on an owner under subregulation (1) must be in the form of Form 25. (3) A municipal building surveyor must not serve a barrier improvement notice on an owner for a swimming pool or spa barrier under this regulation— (a) if the municipal building surveyor has issued a notice or order under Part 8 of the Act in relation to the barrier; or (b) if a person has applied for an injunction under Part 13 of the Act in relation to the barrier; or (c) if a prosecution has commenced against a person in relation to the barrier under Part 13 of the Act. Division 7—General Reg. 147ZL inserted by S.R. No. 116/2019 reg. 11. 147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa (1) On receipt of a notice of acquisition under the **Local Government Act 1989** that relates to land on which a registered swimming pool or registered spa is located, the relevant council must update the register with details of the name of the new owner of the land as soon as practicable. (2) The relevant council must give a notice in writing to the new owner of the land of the following matters— (a) confirmation that their name has been recorded on the register; (b) the applicable barrier standard that applies to the swimming pool or spa barrier located on the land; (c) the date by which the next certificate of pool and spa barrier compliance is required to be provided to the relevant council by the new owner. Reg. 147ZM inserted by S.R. No. 116/2019 reg. 11. 147ZM Relevant council to provide information from register to the Authority For the purposes of section 216D(5) of the Act, on request from the Authority a relevant council must submit the requested information to the Authority in the form approved by the Authority.