Department of Infrastructure Changes to Queensland’s building laws Building Codes Queensland
Session 1 - 9.00am to 11.00am Queensland Government’s two staged swimming pool safety improvement strategy, including the adoption of the new Queensland Development Code (QDC), Mandatory Part (MP) 3.4 Swimming Pool Barriers other miscellaneous building matters transport noise corridors. Session 2 - 11.30am to 12.30pm new mandatory sustainability declarations during the marketing of homes and units for sale ‘Ban the banners’ policy to prevent covenants and body corporate rules from prohibiting or restricting the use of specified sustainable features
December 2008 - The Queensland Government announced a review of Queensland’s swimming pool safety laws. April 2009 - An independent Swimming Pool Safety Review Committee provided a report with 23 improvement ideas for Queensland’s swimming pool safety laws and underwent a 6 week public consultation until 5 June 2009. September 2009 - The Queensland Government approved a two stage swimming pool safety improvement strategy, taking effect for: - new pools 1 December 2009 (stage 1) - mostly existing pools 1 December 2010 (stage 2)
Swimming pool safety improvement strategy Stage one for new pools took effect on 1 December 2009. It includes: • simplification of Queensland’s swimming pool fencing laws (application of the new QDC MP 3.4, Swimming Pool Barriers) • provisions to allow compliant temporary pool fencing • ensuring new swimming pools undergo final inspections • mandatory display of CPR signage that meets current best practice • more than tripling the spending on the Government’s summer pool safety campaign
Simplify Queensland’s swimming pool fencing laws The QDC, MP 3.4 is prescribed in the Building Regulation 2006 as the pool fencing standard for new outdoor swimming pools constructed after 1 December 2009. The QDC references Australian Standard (AS)1926.1 & 2 – 2007 Swimming pool safety with modifications. QDC MP3.4 is performance based. If an alternative solution is used, it will need to be documented and must meet the performance requirement and not compromise safety aspects of the barrier to the pool for young children.
Major changes to the pool fencing laws – Stage one • Non-climbable zone (NCZ) & additional clear area • Climbable objects and vegetation • Fencing materials and barrier intersections • Buildings within/adjacent to the pool area • Permanent bodies of water and retaining walls • Above ground swimming pools (including spas) • Balconies • Technical definitions • Mandatory follow-up inspections • Temporary fencing • CPR signage
Non-climbable zone (NCZ) and additional clear area (1200 mm min. high barrier) QDC figures 1 and 2: • for a 1200 mm minimum high barrier the NCZ must be on the outside • NCZ is now a minimum 900 mm arc but the zone extends above the barrier • additional clear area required to ensure minimum height of the fence is maintained • 300 mm clear area also required on inside of the barrier if gaps in barrier are more than 10mm apart.
Non-climbable zone (NCZ) & additional clear area (1800mm min high barrier) QDC figures 12 and 14: • for a 1800 mm min high barrier the NCZ can be on either side of the barrier • NCZ is now a minimum 900 mm arc but the zone extends above the barrier when the NCZ is located on the outside • additional clear area required to ensure minimum height of the fence is maintained when the NCZ is located on the outside • when NCZ is on the inside any intersection fence can only have 50 mm top rail (same as current requirement).
Climbable objects and vegetation QDC figures 7 and 9: • a non-climbable object (e.g. plant/shrub/hedge/bare trunk tree) can be within the NCZ • climbable objects are permitted within the upper 900 mm quadrant of the NCZ provided it is not reasonably possible for a young child to gain access to those climbable objects and bridge across to the fence • climbable rails may be within the additional clear area but not within the NCZ.
Fencing materials and barrier intersections QDC figures 16 and 17: • the NCZ continues in a spherical shape at the intersection of the pool barrier with the structure to the wall of the structure. If the barrier intersects with a perforated or mesh barrier or any barrier with climbable objects, the NCZ will need to take the form of a shield to restrict climbing by a young child. • if the barrier uprights are more than 10 mm apart, a 300 mm clear area needs to be maintained on the inside of the barrier. If this intersects with a perforated or mesh barrier a shield needs to be placed to restrict climbing by a young child
Fencing materials and barrier intersections QDC figures 16 and 17 cont. • barriers using perforated material or mesh with apertures greater than 13 mm but less than 100 mm can comply if they are 2400 mm minimum height with a strainer or rail at the top and bottom of the barrier. A NCZ or additional clear area is not required for this barrier • As an alternative, barriers using perforated material or mesh with apertures greater than 13 mm but less than 100 mm can comply if they are 1800 mm minimum height with a strainer or rail at the top and bottom of the barrier and a 450 mm cranked section at angle between 90 and 135 degrees at the top of the fence. A NCZ or additional clear area is not required for this barrier.
Buildings within/adjacent to the pool area QDC figures 24 and 27: • access from a Class 1 or 2 building within a pool area must be via a barrier complying with MP 3.4 (access through a gate) • if the building within the pool area is a patio, pergola, verandah, deck balcony or the like (of any class) having at least one side permanently open, it is not required to have a barrier • access cannot be provided to the pool area through a building (of any class). A door must not be used, even if it is child resistant • a barrier may permit access to the pool area from a patio, pergola, verandah, deck, balcony or the like (of any class) having at least one side permanently open.
Permanent bodies of water and retaining walls QDC figure 19: • a permanent body of water may only be used as a barrier if it is a canal, lake, river, creek, stream, pond, ocean, dam or the like with a minimum depth of 300 mm for a width of 1800 mm adjacent to the pool area • where the swimming pool barrier meets the water there are three options available to restrict a young child from climbing around the barrier. In options A, B and C the overhang or return fencing (900 mm minimum in length) must have a surface that does not provide any handhold or foothold
Permanent bodies of water/retaining walls QDC figure 19 cont. • access to the pool area either over a permanent body of water via a bridge, walkway, or pontoon or the like or under the water in a tunnel, pipe or service duct or the like is not allowed • where a pool barrier intersects a retaining wall on the lower side of the pool area, three same options as the intersection with a permanent body of water apply to restrict a young child from climbing around the barrier.
Above ground swimming pools • All outdoor swimming pools on residential land (including spas) and the required fencing now need a building development approval • for above ground pools, a designated access point must be provided, regardless of whether or not a permanent access ladder is installed • the access point must be enclosed by a barrier, including a gate, that complies with MP 3.4 • a lockable cover is not a suitable barrier.
Balconies QDC figures 22 and 23: • in most circumstances if the balcony floor is 1800 mm or more above the finished ground level of the pool area the balustrade need only comply with the Building Code of Australia requirements • if the balcony floor is 1800 mm or more above the finished ground level of the pool area but projects into the NCZ the balustrade must comply with the requirements of MP 3.4 • if the there are objects (trellis or the like) below the floor of the balcony which would facilitate climbing the balustrade must comply with the requirements of MP 3.4.
Technical definitions Swimming pool The definition of swimming pool in the QDC MP 3.4 is the same as in the Building Act 1975 Non climbable zone The non-climbable zone must be located, for a barrier, including a boundary fence: Less than 1800 mm in height – on the outside of the fence (i.e. the side facing away from the pool area); and 1800 mm or more in height – on either the outside or the inside of the barrier Gates Gates must not open towards the pool area. A sliding gate can be used.
Technical definitions Permanent body of water A permanent body of water must have a depth of not less than 300mm and have a width a minimum of 1800mm adjacent to the edge of the pool area Building Building The term class 1 or 2 building applies instead of building in the Australian Standards AS1926.1 & 2 – 2007 and figures in MP 3.4 Permanently open Permanently open Means in reference to the side of a patio, pergola, veranda, deck, balcony or the like, open space that is, apart from a swimming pool barrier, continuously open to the external environment and not fitted with blinds, insect screening, shade cloth or the like
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