NSW Fair Trading have released updated information relation to pool barriers which members are asked to observe.
NATIONAL CONSTRUCTION CODE 2022: Variation for NSW swimming pools
In November 2021, Standards Australia published a Ruling that clarified that Clause 2.3.1 within AS1926.1-2012 does not apply to the Boundary Barrier.
The following Nominating Organisations were represented on Committee CS-034 that was responsible for the Ruling:
Aquatic Recreation Network Australia
Australian Building Codes Board
Australian Glass and Window Association-Glass/Glazing
Australian Industry Group
Australian Institute of Building Surveyors
Australian Institute of Landscape Architects
Australian Institute of Landscape Designer & Managers
Bureau of Steel Manufacturers of Australia
Housing Industry Association
Kidsafe Australia
Master Builders Australia
Royal Life Saving Society Australia
Swimming Pool and Spa Association of Australia
Not withstanding the published Australian Standard Ruling clarifying that Clause 2.3.1 does not apply to the boundary barrier, NSW Fair Trading have now introduced a state specific variation to the National Construction Code (NCC) 2022 on swimming pools which comes into effect from 1 May 2023 advising that Clause 2.3.1 applies to the boundary barrier in NSW. Fair Trading advise this newly introduced NCC NSW variation confirms their already existing position.
Accordingly, members and the broader industry in NSW must respect and observe this newly mandated NCC NSW variation which specifies that clause 2.3.1 of Australian Standard 1926.1 will apply to swimming pool barriers that also function as property boundary barriers in NSW.
It should be noted that despite repeated requests to NSW Fair Trading to support their unilateral stance regarding the application of Clause 2.3.1, SPASA has yet to receive a coherent response as to the legal or other basis for their position.
OTHER REGIONS: As per the Standards Australia Ruling, the application of Clause 2.3.1 does not apply to the boundary barrier in every other region in Australia that uses the 2012 version of AS1926.1.
For more information on the NSW’s position, visit the NSW Fair Trading website.