Information
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Council Reference No.
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Location
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Conducted on
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Prepared by
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Others present:
Barrier Exemptions under Sections 8,9 and 10 of the Act.
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Exemptions from the requirement to install a barrier to separate the swimming pool from any residential building on the premises may apply to certain properties so long as the means of access to the swimming pool from the building (doors and windows) have always been restricted and maintained in accordance with the standards prescribed by the regulations.
Construction or installation must have commenced before 1 July 2010 and ONLY applies to:
* Small properties(less than 230m2) OR
* Large properties (2 hectares or more) OR
* Waterfront properties
*** NOTE: Exemption ceases to apply if a barrier is erected at any time between the residential building and the swimming pool -
Is an exemption being applied to the property?
Doors
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Each door giving access to the swimming pool is fitted with self-closing and self-latching mechanism and the latch release height is at least 1500mm above the floor?
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Door/s self-close and latch from a stationary start in any position from fully open to resting on latch?
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There are no footholds wider than 10mm on the door or its frame between the floor and any 1000mm above the floor
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There are no pet doors or openings to the pool area greater than 100mm
Windows
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Windows located within a pool area must comply with one of the following:
a) be at least 1800mm above finished ground level (FGL) in the pool area, OR
b) be totally covered by bars or mesh screen that is fixed to the building with fasteners that can only be removed by the use of a tool, e.g, a screwdriver or spanner, OR
c) be restricted to an opening no greater than 100mm using fasteners that can only be removed by the use of a tool, e.g, a screwdriver or spanner
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Are there any windows located within the swimming pool area with a sill height less than 1800mm from FGL?
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Do the windows comply with one of the following? <br> <br> a) be totally covered by bars or a mesh screen? <br> OR <br> b) restricted to a maximum opening of 100mm?
Barrier - General
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Note: Residential building is defined by the Act:
"residential building means a building (such as a dwelling-house, residential flat building or boarding-house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to any such building, but does not include:
(a) a building that merely forms part of a complex of buildings (such as a school or recreational centre) that is principally used for non-residential purposes, or
(b) a moveable dwelling, or
(b1) tourist and visitor accommodation, or
(c) a shed that is ancillary to a swimming pool and the primary purpose of which is to store equipment that is used in connection with the swimming pool (but not a shed of a kind prescribed by the regulations), or
(d) a building or structure of a kind prescribed by the regulations." -
Has a barrier been installed to separate the pool from any residential building or place adjoining the premises?
Barrier - Measurements
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The pool fence must be at least 1200mm high all the way around measured from the outside of the pool?
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Is the barrier a permanent structure?
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Is finished ground level a permanent stable surface?
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All structures or objects (such as garages, carport, shed, clothesline or the like) that are not associated with the use of the pool are located outside the pool area?
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The pool fence must be well maintained and in good state of repair (eg no holes, broken rails or palings)
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The gap between the bottom of the fence and the ground is no more than 100mm
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The gap between all vertical or near vertical rails on the fence and gate must be less than 100mm
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There are no potential hand holds or foot holds within 900mm of the top of the pool fence in any direction
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The outside of the pool fence must be clear of any objects such as BBQs, trees, rocks, shrubs and deck chairs that could help a small child climb over the fence
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There must be a 900mm x 300mm rectangular clearance from the barrier inside the pool area
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If a wall forms part of the barrier, there are no openings greater than 100mm
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If perforated or mesh fencing is used, the holes must be 13mm or less
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Strength & rigidity of openings - (clause 3.2 AS1926-1986)
The conical end of the test object (cone) shall be placed into the opening under test and a force of 150N be steadily applied in an attempt to force the body of the cone through the opening.
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At the time of inspection is it the Council Officers opinion that the vertical openings within the barrier would pass strength and rigidity testing?
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Test device used and cone did not pass through any opening when a force of 150N was applied?
Gates
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Is the gate kept securely closed?
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The gate must open outwards, away from the pool
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Does gate swing freely through its entire arc of operation? (i.e. cannot be wedged open)
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Full arc of operation clear of any building or doorway?
Gate closure
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Self-closing device closes the gate from any position, with a stationary start and without the application of a manual force and operates the latch
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Does gate self-close from a stationary start in any position, including while resting on latch?
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Does gate self-close from resting on latch position?
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Does gate self-close from partially open position?
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Does gate self-close from fully open position?
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The gate latch must be working so that the gate is secure and, once closed, can't be pulled open
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The release for the gate latch must be 1500mm above ground level,<br><br>OR<br><br>The release for the gate latch must be located on the inside of the fence and be surrounded by a 450mm shield so that it must be accessed by reaching over the fence or through a latch access point that is 1200mm above ground level. The gate latch itself must be at least 150mm below the top of the fence or latch shield access point
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Are you aware that it is dangerous and against the law to prop the gate open
Boundary Fence
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Does a boundary fence form any part of the pool barrier?
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Is the barrier at least 1800mm in height, measured from inside the pool area?
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NCZ5 diagram
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NCZ is a quadrant of 900mm radius, measured down from the top of the INSIDE of the boundary pool barrier.<br>No handholds or footholds, or objects or plants that will facilitate climbing in NCZ?
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Where internal pool barrier intersects into NCZ, the top of internal barrier must: <br><br>- be less than 50mm and intersect at angle between 45 and 130 degrees,<br><br>OR<br><br>- continue at >1800mm for at least 900mm.
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Is finished ground level a permanent stable surface?
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Is the barrier a permanent structure?
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The pool fence must be well maintained and in good state of repair (eg no holes, broken rails or palings)
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The gap between the bottom of the boundary fence and the ground is no more than 100mm?
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Is the width of all vertical gaps <100mm ?
CPR Chart
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Is there a warning notice (CPR Chart) erected?
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Does the sign contain the required information and diagrams?
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Is the sign in a prominent position in the immediate vicinity of the swimming pool?
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Is the sign clearly legible from a distance of 3m?
Overview
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I have taken photographs of any non-compliance in the relevant sections.
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Take photographs showing the entire barrier and pool area here
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Additional Comments
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If Council considers that the safety of a person is at risk if the requirements of a direction were not carried out as soon as possible, it may serve the direction without notice. See section 23(6) of the Act.
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Is the safety of a person at risk?
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What is the nature of the risk?
Recommendation
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Show Cause
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Draft Direction
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Compliance Certificate
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Emergency Direction
