Recent changes to the Swimming Pools Regulation 2018 help clarify the ways in which pool barriers can comply with the Building Code of Australia (BCA).
Previously, the standard for swimming pool barriers was the relevant Australian Standard (or ‘deemed-to-satisfy’ solution) referenced in the BCA. It was unclear whether a performance solution could be used in place of the Australian Standards, meaning any barriers that did not comply with the Australian Standard required a section 22 exemption under the Swimming Pools Act 1992 (the Act).
From 1 September 2018, the performance requirements of the BCA for swimming pool barriers can be met using either a performance solution or a deemed-to-satisfy (DTS) solution.
Performance solution vs. deemed-to-satisfy solution
A DTS solution follows a set recipe of what, when and how to do something. In this case – swimming pool barriers. It uses the DTS solutions from the BCA, which include materials, components, design factors, and construction methods that, if used, are deemed to meet the performance requirements.
A performance solution on the other hand is unique for an individual situation. These solutions are often flexible in achieving the outcomes and encouraging innovative design and technology use. A performance solution directly addresses the performance requirements by using one or more of the assessment methods available within the BCA.
What this means for certifiers
A1 and A2 certifiers
A1 and A2 certifiers should continue to exercise the same functions for swimming pools that they always have. However, as of 1 September 2018, it will be clarified that they will be the only accredited certifiers with the ability to inspect and assess performance solutions for swimming pool barriers.
When undertaking a performance solution, it is important that certifiers and home owners communicate and understand the legislative responsibilities they have with regards to swimming pools. While the Regulation now allows for performance solutions, in circumstances where the solution is in direct conflict with the Act a Section 22(S22) exemption is still required.
For example, while A1 and A2 certifiers will be able to approve a pool wall being used as part of the child-resistant barrier under a performance solution, the pool owner is still required to obtain a S22 exemption in order to fulfil the requirements of the Act.
This is because it is considered that pool walls cannot simultaneously surround the pool and separate the pool from a residential building, whilst also being a part of the pool itself. As such, owners will be required to be exempted from their obligation within Section 7(1) of the Act, to at all times surround their pool with a barrier that separates it from any residential building on the premises.
A3 and E1 certifiers
Under the changes to the Regulation, it has been clarified that A3 and E1 certifiers are unable to inspect properties that have utilised a performance solution. It is important that certifiers communicate the limitations of their functions with regards to performance solutions pool barriers and discuss with home owners prior to undertaking an assessment or inspection.
What this means for home owners
While the changes to the Regulation provide pool owners with a greater range of options in meeting the performance requirements, each method(i.e. either DTS or performance solution) differently impacts the ongoing maintenance and compliance requirements of the pool.
A1 and A2 certifiers are the only accredited certifiers with the ability to inspect and assess performance solutions for child-resistant barriers. The table below shows that the certifier appropriate for assessing the compliance of your pool will depend on which method has been used:
DTS Solution | Performance Solution | |
|---|---|---|
Inspect the pool | A1, A2, A3, E1 certifiers | A1, A2 certifiers |
Issue a certificate of compliance | A1, A2, A3, E1 certifiers | A1, A2 certifiers |
Issue a certificate of non-compliance | A1, A2, A3, E1 certifiers | A1, A2 certifiers |
This means that over the life of a pool that has a barrier installed using a performance solution, it will always need to be inspected and assessed by an A1 or A2 certifier. As such, it is important that pool owners are aware of the method used to meet the performance requirements for their pool. This will involve keeping records of the initial construction, as well as records of assessments and documents issued by certifiers.
When undertaking either a DTS or performance solution, it is important that certifiers and home owner communicate and understand the legislative responsibilities they have. While the Regulation now allows for performance solutions, it still requires a Section 22(S22) exemption if the solution is in direct conflict with the Act. Pool owners should discuss with their pool builder or certifier as to whether their pool barrier requires a S22 exemption. If one is required pool owners should apply through their local council.