NSW – HENDRY building certifiers advise that the NSW Department of Planning issued a Building Regulations Advisory Note BS 10 005 on AS 1926 to advise practitioners and the industry of an inconsistency between the NSW variations to Building Code of Australia (BCA) 2010 and the NSW Swimming Pools Act 1992 and its Regulations in lieu of directly adopting the child resistant barrier requirements of AS 1926 Set – 2010 Swimming Pool Safety Standards.

BCA 2010 adopted the 2007 version of AS 1926 which includes two new provisions being:

  • Excluding the use of child resistant doorsets in barriers to outdoor swimming pools; and
  • Requiring a door opening to an indoor swimming pool to swing away from the pool area.

For Volume 1 of the BCA, the NSW variation adopts the Swimming Pools Act 1992 and the above 2 new provisions of the AS 1926.

However, for Volume 2 (residential dwellings) of the BCA, the NSW variations do not adopt these 2 new provisions of AS 1926.  This creates an inconsistency between residential and commercial swimming pools in NSW when using AS 1926.

Until this inconsistency is corrected with BCA 2011 in May 2011, an amendment to the Swimming Pools Regulation 2008 is proposed as an interim measure to require a door to an indoor swimming pool to swing away from the pool (the Regulations already exclude the use of child resistant doorsets for outdoor swimming pools).

Building Legislation Table

Refer to our Building Legislation table for further information on the building control process.