MUNICIPAL POOL &
SPA SAFETY PLAN
GUIDELINE
for
Council’s Administration and Enforcement
of
Building Regulations 5.13 & 5.13A
August 2003
CONTENTS
PREFACE ..................................................................................................................................................... 3
THE ADMINISTRATION AND ENFORCEMENT OF REGULATION 5.13 OF THE BUILDING
REGULATIONS 1994.................................................................................................................................. 4
PURPOSE ..................................................................................................................................................... 4
BACKGROUND ............................................................................................................................................. 4
RECOMMENDATIONS ................................................................................................................................... 6
POLICY OPTIONS...................................................................................................................................... 7
A REACTIVE POLICY ................................................................................................................................... 7
A PROACTIVE POLICY ................................................................................................................................. 7
AN EDUCATION POLICY .............................................................................................................................. 8
THE REACTIVE POLICY ......................................................................................................................... 9
BACKGROUND ............................................................................................................................................. 9
PROCEDURE................................................................................................................................................. 9
THE PROACTIVE POLICY .....................................................................................................................12
BACKGROUND ............................................................................................................................................12
PROCEDURE................................................................................................................................................12
THE EDUCATION POLICY .....................................................................................................................14
BACKGROUND ............................................................................................................................................14
PROCEDURE................................................................................................................................................14
ASSOCIATED DOCUMENTS ..................................................................................................................16
REACTIVE LETTER TO OWNER (L1) ............................................................................................................16
LETTER RE FIRST INSPECTION TO OWNER (L2) ............................................................................................18
LETTER REGARDING CHANGE OF INSPECTION DATE (L3) ............................................................................20
LETTER WITH BUILDING ORDER (L4) .........................................................................................................21
ENFORCEMENT PROCESS (L4-1) .................................................................................................................22
BUILDING ORDER MINOR WORK (O1) .......................................................................................................24
EMERGENCY ORDER (O2) ..........................................................................................................................26
LETTER RE 2ND INSPECTION (L5) ...............................................................................................................28
LETTER RE FAILURE TO COMPLY WITH ORDER (L6) ....................................................................................29
REFERRAL TO SOLICITOR (L7) ...................................................................................................................30
FURTHER IDEAS FOR PUBLIC AWARENESS ...................................................................................31
FLOWCHART FOR ADMINISTRATION AND ENFORCEMENT PROCESS FOR SWIMMING
POOLS AND SPAS (INFO 1).....................................................................................................................32
GENERAL INFORMATION SHEET (INFO 2) ......................................................................................33
GUIDE FOR POOL & SPA BARRIERS BUILDING REGULATION 5.13 (INFO 3) ........................35
MAINTENANCE OF SWIMMING POOL & SPA BARRIERS (REG5.13A) (INFO 4) .....................40
IMPORTANT INFORMATION FOR SWIMMING POOL & SPA OWNERS (INFO 5) ..................41
FLOWCHART FOR MBS FOR ADMINISTRATION & ENFORCEMENT ......................................42
2
PREFACE
The Municipal Pool and Spa Safety Plan Guideline has been
produced through the co-operation of the Victorian Swimming
Pool and Spa Safety Working Party and the Victorian Municipal
Building Surveyors Group Inc (VMBSG Inc).
The Guideline has been produced by John Hoey of Hoeys
Lawyers with input from municipal building surveyors from
throughout Victoria in addition to input from the Victorian
Swimming Pool and Spa Safety Working Party, a sub
committee of the VMBSG Inc and Mike Smith of CTL P/L.
The Guideline is believed to be suitable for use as a basis for
the creation of more detailed policies by Councils as well as
providing municipal building surveyors with a simplified and
uniform procedure for the administration and enforcement of
regulation 5.13 & 5.13A of the Building Regulations 1994.
The Guideline does not purport to encompass or be suitable
for all situations. The individual discretions of Council
remain.
The determination of the individual policies to be adopted is
a matter for individual Councils. This Guideline provides the
starting point for Councils to establish effective policies
according to their needs and resourcing abilities.
Individual Councils may choose to amend the ‘proforma’
letters and orders to suit their individual requirements but
should seek advice when doing so.
3
THE ADMINISTRATION AND ENFORCEMENT OF REGULATION
5.13 OF THE BUILDING REGULATIONS 1994
Purpose
To inform Council of its responsibilities under the Building Act 1993 (“the Act”) and in
particular regulation 5.13 of the Building Regulations 1994 which requires the erection of
barriers around swimming pools and spas constructed prior to April 1991 and to assist
Council in creating a policy with regard to the administration and enforcement of that
regulation that is consistent with other regulatory agencies including councils throughout
Victoria.
The use of policies by Councils has long been recognised by the courts as a means of
Councils determining how (due to the many responsibilities held) limited resources are to
be allocated. By having an appropriate policy in place Council will both reduce its
exposure to risk and provide guidance to Council officers on how the regulation is to be
administered.
Background
Council is required by section 212 of the Building Act 1993 (“the Act”) to administer and
enforce specified parts of that Act and the whole of the Building Regulations 1994 (“the
Regulations”) within its municipal boundaries. As with many other responsibilities,
Council has the ability to determine how it will carry out these functions having regard to
competing obligations and limited resources.
Regulation 5.13 of the Regulations deals with the erection of swimming pool/spa barriers
in respect of pools/spas constructed prior to 1991. Pools/spas constructed after that date
were required, as part of the building permit, to include as part of the construction,
barriers in accordance with the relevant Australian Standard. Prior to 1991 there was no
such requirement.
As a result of increasing public concern regarding the number of drownings of young
children in swimming pools, the state government initiated the Victorian Swimming Pool
and Spa Working Party. The purpose of the Working Party was to develop strategies to
4
reduce the incidence of toddler drowning and achieve an improved safety record for
domestic pools and spas. A number of strategies were identified by the Working Party
including the development of a statewide database on the location of pools and spas and a
number of regulatory amendments. The Working Party recognised that there needs to be
greater public awareness and a more consistent approach between regulatory agencies in
the delivery of pool safety messages.
The underlying obligations contained in regulation 5.13 (to provide suitable pool/spa
barriers) have been in force for a number of years. The State Government and some
Councils have advertised the requirements of regulation 5.13 on many occasions. Despite
this advertising, anecdotal evidence suggests that only a relatively small number of
swimming pools/spas have the requisite barriers in place. Further anecdotal evidence is
that compliance does not occur until Council actively enforces the regulation. One outer
metropolitan Council has reported 100% compliance in respect of every pool for which
enforcement action has been taken.
The administration and enforcement of the Regulation has generally been on an ad hoc
basis in most Councils and the degree of administration and enforcement has varied
greatly between municipal districts. Few councils have a policy in place that deals with
how the administration and enforcement is to take place.
A recent study in New Zealand into the effectiveness of the swimming pool fencing
requirements of that country (which is also enforced through Local Government),
revealed two major factors limiting the effectiveness of the relevant pool fencing
legislation:
(1) Inconsistencies between authorities in their enforcement; and
(2) Some authorities making little attempt to locate pools or monitor compliance.
By introducing standardised procedures combined with policies on the use of those
procedures it is anticipated that a greater level of community compliance will be
achieved, thus reducing the risk of death (or injury) in private swimming pools/spas. At
5
the same time, Councils will be able to document their compliance with section 212 of
the Building Act and know that the responsibility given by that Act is being administered
in a responsible manner.
Recommendations
1. That Council adopt a [ insert type of policy] Policy as set out herein.
2. That Council adopt an Education Policy as set out herein.
3. That this Policy be administered by the Municipal Building Surveyor and the
Building Department.
4. That the Council resource the Building Department such that the Policies can be
properly administered.
6
POLICY OPTIONS
There are three principal policy options available to council to administer and enforce
regulation 5.13. These options are not mutually exclusive but all may be adopted in part :
A Reactive Policy
A reactive policy is one where Council only enforces the regulatory requirements when it
becomes aware of a specific (or potential) non-compliance. The Court has determined in
numerous cases (including the well known case of Pyrenees Shire Council v Day) that in
circumstances where a Council becomes aware of a danger to persons or property and
Council has the statutory ability to cause the danger to be abated, the community expects
Councils to take such action. A failure to take action in those circumstances could result
in a finding of negligence against the Council.
All Councils should, as part of their risk management process, have in place a policy that
identifies the processes to be followed upon becoming aware of a non-compliant (or
potentially non-compliant) swimming pool/spa barrier.
A Proactive Policy
A proactive policy is one where Council actively seeks out non-compliances and takes
appropriate enforcement action. The degree of ‘proactiveness’ may vary. To be proactive
it is necessary to :
(a) Identify the location of swimming pools/spas in the municipality
(b) Have a programme of inspections of those swimming pools/spas
(c) Publicise that Council has a proactive policy and will be conducting inspections
(d) Determine whether those inspections are to be selective or be systematic
(e) Have a subsequent follow up programme
(f) Have suitable staff to conduct those inspections
7
An Education Policy
An education policy is one where Council makes available to the community sufficient
information for persons to understand the legal requirements and the reasons for those
requirements. An education policy may be passive or active. A passive education policy
is one where material is made available as handouts etc at Council offices whereas an
active education policy will use the media and other resources to educate as many
members of the community as possible. An education policy however must be used in
combination with either a reactive or proactive enforcement policy.
8
THE REACTIVE POLICY
Background
Council and its Municipal Building Surveyor have responsibility for ensuring that known
breaches of the Building Regulations 1994 (‘the Building Regulations”) that may cause a
danger or be a risk to persons or property in the municipal district are treated so that the
danger or risk is as far as possible, minimized or removed.
Regulation 5.13 of the Regulations requires domestic swimming pools/spas that were
installed or approved to be installed, prior to 8 April 1991, to have barriers to restrict the
access to the part of the allotment containing the swimming pool or spa, by young
children. Swimming pools and spas constructed after that date ought to have erected
fencing as part of construction.
Council recognises and accepts that a swimming pool or spa that does not have the
barriers required by Regulation 5.13 represents a danger to young children. Council
recognises and accepts therefore that Council is required to take necessary action to
remove or abate that danger.
Council officers, upon becoming aware of any domestic swimming pool or spa within the
municipal district that does not have the required barriers, will utilise the procedure set
out below to bring about compliance.
Procedure
1) Upon becoming aware of a potential non compliant barrier the designated Council
Officer will write to the property owner advising of that there is concern that the
pool/spa at the property may not comply with the Building Regulations and that an
inspection will take place on a set date. A copy of relevant information sheets will be
9
sent with that letter. This will take place within [
] days of being notified of the
potential non compliance.
2) The designated Council Officer will inspect the subject property within [ insert ]
days.
3) Upon inspection, in the event there is no barrier or the barrier in place does not
comply with regulation 5.13, a Building Order for Minor Work [on the basis that the
municipal building surveyor is of the opinion that the barrier is minor work] will be
issued pursuant to section 113 of the Building Act. The building order will be in the
form as set out in the appendix attached hereto and will (generally) allow the owner
30 days in which to erect a compliant barrier.
4) In the event as determined by the municipal building surveyor, the individual
circumstances warrant the erection of a barrier in a period of time less than 30 days,
an Emergency Order under section 102 of the Building Act will be issued.
5) Any order issued will be accompanied by a copy of regulation 5.13 and associated
educational handouts providing information on how to comply with the order and
advising as to when the next inspection will take place.
6) The time for compliance under the order may be extended provided proper grounds
for doing so are provided.
7) At the end of the time for compliance, the swimming pool will again be inspected. If
no genuine action has been taken by the homeowner to comply with the order, the
matter will be referred to Council’s solicitor for prosecution (for breaches of
regulation 5.13 and section 118 of the Building Act) and enforcement through section
253 of the Building Act, being an order of the court requiring compliance. A letter in
the form as set out in the appendix will be sent to the owner advising of the referral to
Council’s solicitor and providing a final opportunity to comply.
10
8) If at the time of that inspection the homeowner has attempted to comply with the
building order but there are minor matters still outstanding, the homeowner will be
advised of a time at which a further inspection will be carried out and that if there is
still non compliance at that time enforcement action may be taken.
9) If a further inspection is required as a result of the barrier not being fully compliant,
following that further inspection, the relevant Council officer may determine to refer
the matter at that time to Council’s solicitor for enforcement action.
11
THE PROACTIVE POLICY
Background
Council and its municipal building surveyor recognise and accept that the obligations
placed upon Council by section 212 of the Building Act, being to administer and enforce
the Building Regulations, requires more of Council than responding to complaints
regarding non compliant swimming pool/spa fences.
Council therefore determines that in addition to the introduction of a reactive policy in
respect of regulation 5.13, it will adopt a proactive policy of administration and
enforcement in respect of that regulation. This policy is aimed at ensuring that eventually
all swimming pools and spas in the municipality are compliant with the regulation.
Procedure
1) Council officers will create a database of all swimming pools and spas in the
municipality. The database can be created by analysing existing records and/or by the
use of aerial photography. It is acknowledged that aerial photography may not
identify all pools and spas and existing records will also not include all existing pools
and spas. The database, even if not complete, is essential for:
a) Determining the number of pools and spas in the municipality, which is required
so as to enable the level of risk to be assessed
b) Determining the level of resources required
c) Identifying swimming pools and spas constructed both before and after 1991 so as
to enable if necessary an enforcement program with respect to regulation 5.13 and
5.13A
d) Identifying addresses for ‘direct mailing’ campaigns
e) Determining the effectiveness of relevant policies.
2) The database will be complete by [ insert ]
12
3) A review of the database will be carried out to determine an appropriate program of
inspections including the numbers to be inspected per week (the inspection target)
and the resources to be allocated for that work. The review will also determine the
objective criteria on which the properties to be inspected are determined (for example
it may be determined to inspect every known pool in particular streets or alternately
in particular areas or by the age of the pool).
4) Upon inspecting a property and identifying a non compliant barrier the procedure set
out in the “Reactive Policy” will be utilised to bring about compliance.
5) Reports will be prepared every [ insert ] months identifying :
a) The number of pools/spas inspected
b) The number of pools/spas that at 1st inspection required no further action
c) The number of building orders issued
d) The number of building orders complied with in the specified period
e) The number of building orders referred for legal proceedings
f) The number of emergency orders issued
g) The number of emergency orders referred for legal proceedings
h) The number of matters outstanding
It is anticipated that the introduction of a proactive policy may require additional staff.
13
THE EDUCATION POLICY
Background
Council recognises that in administering regulation 5.13, it is necessary to educate
homeowners on their legal responsibilities to comply with the regulation and the
underlying reason for the regulation itself. Council recognises that section 212 of the
Building Act places a significant responsibility on Council to ensure that the community
is fully informed.
Council adopts therefore a policy that is both passive and active in that appropriate
handouts etc can be obtained at council offices in addition to Council conducting direct
mail out campaigns and using media where possible. Council will seek to ensure the
maximum possible cover is being achieved.
Procedure
The following is not a detailed procedure in respect of educational steps. Rather the
following sets out a variety of measures that may be taken to increase community
awareness. Steps 1 to 4 however, identify some basic steps that Council will commence
with.
1) Council’s policies with respect of regulation 5.13 will be printed and made available
in pamphlet form to the public
2) A direct mail out campaign will take place following the establishment of a database
the mail out campaign to include the flow charts appended to this policy identifying
the options available to pool owners and the consequences of non compliance.
3) A series of articles on pool safety will be prepared for the local newspaper
4) Enforcement action will be publicised to create greater public awareness of the
consequences for non compliance.
14
5) Pool Shops, Childcare Centres, libraries and other public buildings to be asked to
distribute (via the counter) pamphlets and other public awareness material
6) Information to be sent out with rates notices
7) The use of telephone recordings to be investigated
8) A program of displays to be arranged
9) Advertisements in local newspapers
10) Information and appropriate links on Council’s website
11) A Report will be prepared on a yearly basis detailing all actions taken under this
policy
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ASSOCIATED DOCUMENTS
Reactive Letter to Owner (L1)
[COUNCIL LETTERHEAD]
[Date]
[Name]
[Address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert address]
Dear [Insert Name]
It has been brought to my attention that the swimming pool/spa at the above address may
not comply with the Building Regulations requirements for barriers to prevent access by
young children.
Swimming pools and spas such as yours, which Council records disclose as being
constructed (or approved for construction) prior to 8 April 1991, are required by
regulation 5.13 of the Building Regulations 1994 (‘the Regulations’) to have barriers in
place that restrict young children from accessing the pool/spa area of the allotment. Pools
and spas constructed after 8 April 1991 have had this requirement from the time of
construction.
[ Insert name of Council] is required by the Building Act 1993 (‘the Act’) to administer
and enforce the Regulations. Council has adopted a policy to assist in making the
municipality as safe as possible for young children. Council as part of that strategy is
inspecting all pools and spas where there is concern regarding non compliance. The
purpose of the inspection is to assist and ensure pool/spa owners achieve compliance.
In accordance with that program it is intended that an authorised person of Council will
call at your home on [ Insert day and date ] between the hours of [ insert time frame
for attendance]. Please ensure that access is available at that time.
At the inspection, the authorised officer will determine whether or not your current
barriers are compliant with the requirements of the Regulations. In the event that the
existing barriers are not satisfactory, a building order for minor work will be issued
giving you up to 30 days to erect, repair or alter the barriers to conform with the
requirements of regulation 5.13.
16
Council will reinspect your property at the end of the period in the building order to
ensure that the barriers are now compliant.
Although it is an offence for you not to have had a compliant barrier in place in respect of
your pool/spa, Council will not take action against you in that regard, providing you
comply with any building order directed to you within the period nominated. In the event
a building order is issued to you requiring the barrier to be brought into compliance and it
is not complied with within the required period, Council will refer the matter to its
solicitor for immediate action.
A separate flow chart detailing the steps involved is enclosed for your assistance.
Also enclosed are Information Sheets produced by Council describing what is required
and providing you with a copy of Regulation 5.13.
If you have any questions regarding this inspection or Council’s policy please do not
hesitate to contact Council’s Building Department on [insert phone]
Yours faithfully,
[Name]
Municipal Building Surveyor
17
Letter re first inspection to owner (L2)
[COUNCIL LETTERHEAD]
[Date]
[Insert name]
[Insert address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert Address]
Dear [Insert name],
Council records disclose that you have on your property a swimming pool/ spa that was
constructed (or approved for construction) prior to 8 April 1991.
Swimming pools and spas such as yours, are required by regulation 5.13 of the Building
Regulations 1994 (‘the Regulations’) to have barriers in place that restrict young children
from accessing the pool/spa area of the allotment. Pools and spas constructed after 8
April 1991 have had this requirement from the time of construction.
[ Insert name of Council] is required by the Building Act 1993 (‘the Act’) to administer
and enforce the Regulations. Council has adopted a proactive policy to assist in making
the municipality as safe as possible for young children. Council as part of that strategy is
inspecting all such pools and spas in order to assist and ensure pool/spa owners achieve
compliance.
In accordance with that program it is intended that an authorised person of Council will
call at your home on [ Insert day and date ] between the hours of [ insert time frame
for attendance]. Please ensure that access is available at that time.
At the inspection, the authorised officer will determine whether or not your current
barriers are compliant with the requirements of the Regulations. In the event that the
existing barriers are not satisfactory, a building order for minor work will be issued
giving you up to 30 days to erect, repair or alter the barriers to conform with the
requirements of regulation 5.13.
Council will reinspect your property at the end of the period in the building order to
ensure that the barriers are now satisfactory.
Although it is an offence for you not to have had a compliant barrier in place in respect of
your pool/spa, Council will not take action against you in that regard providing you
18
comply with any building order directed to you within the period nominated. In the event
a building order is issued to you requiring the barrier to be brought into compliance and it
is not complied with within the required period, Council will refer the matter to its
solicitor for immediate action.
A separate flow chart detailing the steps involved is enclosed for your assistance.
Also enclosed are Information Sheets produced by Council describing what is required
and providing you with a copy of Regulation 5.13.
If you have any questions regarding this inspection or Council’s policy please do not
hesitate to contact Council’s Building Department on [insert phone]
Yours faithfully,
[Name]
Municipal Building Surveyor
19
Letter regarding change of inspection date (L3)
[COUNCIL LETTERHEAD]
[Date]
[Name]
[Address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert address]
Dear [Insert Name]
I refer to my previous letter advising that your property was to be inspected on [insert
day and date].
You have advised that this date is unsuitable for you and have requested that the
inspection be conducted at another time.
I confirm that an authorised officer of Council will now attend your premises on [insert
day and date] between the hours of [insert times]
If you have any questions regarding this inspection please contact Council’s Building
department on [insert phone]
Yours faithfully,
[Name]
Municipal Building Surveyor
20
Letter with Building Order (L4)
[COUNCIL LETTERHEAD]
[Date]
[Insert name]
[Insert address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert Address]
Dear [Insert name],
I refer to the inspection of your property on [insert date] which was carried out as part of
Council’s swimming pool and spa safety program.
The inspection disclosed that the barriers at your property did not comply with
Regulation 5.13 of the Building Regulations 1994.
A failure to have a barrier in conformity with regulation 5.13 is an offence for which you
could be prosecuted in the Magistrates Court.
In accordance with Council’s policy on pool and spa barriers, I enclose Building Order
for Minor Work issued to you pursuant to section 113 of the Building Act 1993 (‘the
Act’). The Building Order requires you to construct a barrier in compliance with
Regulation 5.13 within 30 days.
IF YOU COMPLY WITH THE BUILDING ORDER WITHIN THE TIME
STIPULATED NO FURTHER ACTION WILL BE TAKEN.
At the end of the 30-day period an inspection will again be undertaken by an authorised
officer of Council. Providing the building order has been complied with, no further action
will be taken. In the event however that the building order has not been complied with,
the matter will be referred to Council’s solicitor for the commencement of enforcement
proceedings.
A separate information sheet is enclosed detailing the enforcement process for your
information. I also enclose Council’s Information sheets in respect of the requirements of
Regulation 5.13 for your assistance.
I trust that the above adequately explains to you what is required of you as a pool /spa
owner.
Yours faithfully,
[Name]
Municipal Building Surveyor
21
Enforcement Process (L4-1)
[COUNCIL’S LETTERHEAD]
THE ENFORCEMENT PROCESS
Whilst Council has no wish to commence proceedings against pool and spa owners the
failure to install compliant pool/spa barriers by some such owners represents a significant
risk to the community. As such Council, in accordance with its obligations under section
212 of the Building Act 1993, is committed to bringing about compliance and if
necessary prosecuting offenders for breaching Regulation 5.13.
If prosecuted for breaching Regulation 5.13, pool and spa owners who have failed to
comply with a Building Order for Minor Work, will also be prosecuted for that failure
under section 118 of the Building Act 1993. These are criminal prosecutions which may
result in the imposition by the Court of a conviction and substantial fines. The fines may
be up to $15,000.00 for a natural person and $55,000.00 for a company.
Council’s legal costs in conducting the enforcement process will also be sought from any
offenders found guilty by the Court. Such legal costs could be many thousands of dollars.
In addition to any prosecution, orders will also be sought from the Court requiring the
installation of the compliant barriers. A failure to comply with any such Court orders
could result in further fines or even imprisonment.
The failure to comply with the requirements for pool/spa barriers could therefore be more
expensive than the installation of the barriers themselves.
IT IS CLEARLY IN YOUR INTERESTS AS A POOL / SPA OWNER TO
ENSURE YOU HAVE BARRIERS IN PLACE THAT COMPLY WITH
REGULATION 5.13.
22
If you require any further information on Council’s enforcement policy or on the
requirements of Regulation 5.13 please contact the Building Department on [insert
phone]
23
Building Order Minor Work (O1)
[COUNCIL LETTERHEAD]
BUILDING ACT 1993
BUILDING REGULATIONS 1994
BUILDING ORDER FOR MINOR WORK PURSUANT TO SECTION 113
OF THE BUILDING ACT 1993
TO THE OWNER:
name
address
OF THE BUILDING (SWIMMING POOL) LOCATED AT: Property address
WHEREAS:
1.
I am the Municipal Building Surveyor of [ insert name of Council
]and I am
authorised to make a building order under section 113 of the Building Act 1993
("Act").
2.
The swimming pool was inspected on [ insert date ];
3.
This Order may be made without first serving a building notice.
4.
Pursuant to section 113 of the Act, I am of the opinion that the work required to
be carried out under this Order is of a minor nature.
5.
The reason why this Order was issued is that:
5.1
The pool barrier provided at the above property does not comply with
the requirements of regulation 5.13 of the Building Regulations 1994.
NOW THEREFORE TAKE NOTICE THAT:
6.
You are required to carry out the following building work required by the
Building Regulations 1994:
6.1
Provide a pool/spa barrier in accordance with regulation 5.13 of the
Building Regulations 1994.
7.
The above work is to be carried out within 30 days of the service of this Order.
8.
A building permit is/is not required for the above work
DATE :
[ insert date ]
[ Name ]
Municipal Building Surveyor
Con’t
NOTES:
1.
Duration of Order
A building order remains in force, and if amended remains in
force as amended, until it is complied with or it is cancelled by the
Municipal Building Surveyor or the Building Appeals Board
(section 117 of the Act).
2.
Amendment or Cancellation of Order
If there is a change in circumstances after the service of a
building order, the owner may request the Municipal Building
Surveyor to amend or cancel the order pursuant to section 116 of
the Act.
3.
Penalty for failure to comply
A person to whom a building order is directed must comply with
that order [penalty: 100 penalty units in the case of a natural
person and 500 penalty units in the case of a body corporate
(section 118(1)).
25
Emergency Order (O2)
[COUNCIL LETTERHEAD]
BUILDING ACT 1993
BUILDING REGULATIONS 1994
EMERGENCY ORDER PURSUANT TO SECTION 102
OF THE BUILDING ACT 1993
TO THE OWNER:
name
address
OF THE BUILDING (SWIMMING POOL/SPA) LOCATED AT: Property address
WHEREAS:
1.
I am the Municipal Building Surveyor of [ insert name of Council
]and I am
authorised to make an Emergency Order under section 102 of the Building Act
1993 ("Act").
2.
The swimming pool was inspected on [ insert date ];
3.
Pursuant to section 102 of the Act, I am of the opinion that this order is
necessary because of a danger to life arising out of the condition of the
swimming pool/spa.
6.
The reason why this Order was issued is that:
5.1
No swimming pool/spa barrier is in place to prevent access to the
swimming pool /spa by young children / The swimming pool/spa barrier
provided at the above property is not adequate to prevent access to
the swimming pool /spa by young children [ insert as appropriate].
NOW THEREFORE TAKE NOTICE THAT:
6.
You are required to carry out the following work to make the swimming
pool/spa safe:
6.1
7.
Provide a swimming pool/spa barrier that complies with the
requirements of the Australian Standard AS1926.1
The above work is to be carried out within [ Insert ] days of the service of this
Order.
DATE :
[ insert date ]
[ Name ]
Municipal Building Surveyor
Con’t
26
NOTES:
1.
Duration of Order
A building order remains in force, and if amended remains in
force as amended, until it is complied with or it is cancelled by the
Municipal Building Surveyor or the Building Appeals Board
(section 117 of the Act).
2.
Amendment or Cancellation of Order
If there is a change in circumstances after the service of a
building order, the owner may request the Municipal Building
Surveyor to amend or cancel the order pursuant to section 116 of
the Act.
3.
Penalty for failure to comply
A person to whom a building order is directed must comply with
that order [penalty: 100 penalty units in the case of a natural
person and 500 penalty units in the case of a body corporate
(section 118(1)).
27
Letter re 2nd inspection (L5)
[COUNCIL LETTERHEAD]
[Date]
[ Insert name]
[Insert address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert Address]
Dear [Insert name],
I refer to the Building Order for Minor Work issued to you on [insert date of order].
That Order required you to construct a swimming pool /spa barrier in compliance with
Regulation 5.13 of the Building Regulations 1994 within 30 days.
In accordance with previous advice to you it is necessary to inspect your property again
to determine if the building order has been complied with. An authorised officer of
Council will call at your home on [insert day and date] between the hours of [insert
times]. Please ensure that access is available at that time.
Yours faithfully,
[Name]
Municipal Building Surveyor
28
Letter re failure to comply with order (L6)
[COUNCIL LETTERHEAD]
[Date]
[ Insert name]
[Insert address]
Re: Swimming Pool / Spa Safety Program
Address: [Insert Address]
Dear [Insert name],
I refer to the inspection of your property on [ insert date ].
That inspection was carried out to determine if you had as complied with the Building
Order for Minor work issued to you on [insert date]. That Building Order required you
to erect swimming pool /spa barriers in accordance with Regulation 5.13 within 30 days
of the date of that order.
The inspection of your property on [insert date] discloses that you have not complied
with the Building Order.
In accordance with Council’s enforcement policy regarding swimming pool / spa barriers,
this matter has now been referred to Council’s solicitor to commence proceedings against
you in the Magistrates Court. A document outlining Council’s enforcement process is
enclosed for your information.
In the event that you have now complied with the Building Order, please advise
Council’s Building Department within 7 days of the date of this letter. If no such advice
is received from you the legal proceedings will automatically proceed.
Yours faithfully,
[Name]
Municipal Building Surveyor
29
Referral to Solicitor (L7)
[COUNCIL LETTERHEAD]
[Date]
[Solicitors details]
Re:
Swimming Pool / Spa Safety Program
[Name]
[Address]
Dear [Name],
Please find enclosed brief of evidence consisting of:
(a) Copies of all correspondence to pool/spa owner
(b) Copies of all correspondence from pool/spa owner
(c) Copy of file notes
(d) Copy of Building Order for Minor Work
(e) Copy of photographs (if any)
(f) Copy of details by which the construction date of the pool/spa was determined.
(g) Copy of Council rate records showing [insert name] as owner of the property.
In accordance with Council’s Swimming Pool / Spa Safety Program you are requested to
initiate prosecution proceedings against [insert name] for breaching regulation 5.13 of the
Building Regulations and for breaching section 118 of the Building Act 1993.
In addition to that prosecution you are requested to apply for an order pursuant to section
253 of the Building Act, requiring the defendant to construct the pool/spa barrier within
30 days.
Yours faithfully,
[Name]
Municipal Building Surveyor
30
FURTHER IDEAS FOR PUBLIC AWARENESS
EDUCATION
Some further ideas for the dissemination (and sources) of Public Awareness
material
1) Brochures & letters to pool / spa owners
2) A New Owners Kit (maintenance)
3) Media: paper, radio & local TV
4) PABX messages
5) Real Estate agents
6) Pool supply shops
7) Travelling displays
8) Libraries
9) Public buildings
10) Building Commission publications
11) Use of Council’s website with links
31
FLOWCHART FOR ADMINISTRATION AND ENFORCEMENT
PROCESS FOR SWIMMING POOLS AND SPAS (Info 1)
1st LETTER/ADVISORY
MATERIAL
1st INSPECTION
NON COMPLIANCE
ACCEPTED
BUILDING ORDER
/EMERGENCY ORDER
NO FURTHER
ACTION
FURTHER LETTER
2nd INSPECTION
ACCEPTED
NO FURTHER
ACTION
NON COMPLIANCE
CONSIDER EXTENSION
OF TIME
ADVISED TO
COMPLY
LETTER RE SOLICITOR
3rd INSPECTION
ACCEPTED
NON COMPLIANCE
NO FURTHER
ACTION
NO RESPONSE
REFER TO SOLICITOR
PROSECUTE
s253 ORDERS
COSTS
COURT ENFORCED
COMPLIANCE
32
GENERAL INFORMATION SHEET (Info 2)
Swimming Pool and Spa Safety Barriers
Background
The Building Regulations 1994 introduced a requirement that all swimming pools and
spas installed before April 1991 must be provided with suitable barriers to prevent
unsupervised small children entering the pool area. This was to be undertaken before July
1997.
From 21 December 2001, the Regulations were amended to:

require compulsory self-closers to gates and doors in barriers to pre-1991 pools and
spas to take effect from 1/7/02

introduce obligations for maintenance and responsibility

require building permits for new pool fencing and new pools with a depth of water of
more than 300mm – regardless of the volume of water

increase maximum court fines for non-compliance from $1000 to $5000.
Requirements
Application
Regulation 5.13 of the Building Regulations applies to swimming pools and spas capable
of containing a depth of water of more than 300mm and constructed or approved before 8
April 1991.
The definition of swimming pool includes any excavation or structure containing water
and used primarily for swimming, wading, paddling or the like, including a bathing or
wading pool or spa. This will include in-ground and above-ground pools, spas, hot tubs,
jacuzzis, and indoor pools. Bird baths, fish ponds, fountains and dams or the like would
not be included.
Barriers
All pools should now have barriers. If you are the owner of a property with a pool or spa
with no barrier or inadequate barriers you are responsible to immediately meet the
standards of the Regulations (refer last sheet). A building permit is required for new pool
fencing and may be required for alterations to existing fencing and gates.
33
In addition, from 1st July 2002 any door or gate opening to the area containing a pre1991 pool or spa must be fitted with a self-closing device:
“(i) that is located not less than 1·5m above the ground, or the internal floor,
level (as the case may be), measured from the approach side; and
(ii) that returns the door or gate to its closed position(A) from any position in the range of positions from fully open to resting on
the lock or latch; and
(B) from a stationary start from any position within that range without the
application of manual force.".
The above applies regardless of the level of compliance before the amendment – even
where Council or another adviser has agreed that barriers complied.
Maintenance
The Regulations require that all pool barriers (old and new pools) must be maintained to
operate effectively at all times. This means that:
 all existing components of the barrier (eg hinges, self-closers etc) must function as
intended
 no objects (including plants) must be located near a barrier which could take away
from its effectiveness – even if on an adjoining allotment
 no doors or gates to the pool area are to be left open.
Penalties For Non-Compliance
Failure to comply may result in an on-the-spot fine of $200 or up to $5000 through the
courts. In the event a building order is served requiring the installation of barriers a
failure to comply with such an order may result in fines of up to $50,000. In addition to
the land owner, tenants and even visitors to a pool are now responsible to meet
requirements.
If you have any further queries in relation to the above matters please contact Council’s
Building Department on [insert phone]
34
GUIDE FOR POOL & SPA BARRIERS BUILDING REGULATION
5.13 (Info 3)
CONSTRUCTED OR WHERE A BUILDING APPROVAL WAS GRANTED
BEFORE 8 APRIL 1991
DEFINITIONS:
“Swimming pool” means any excavation or structure containing water and used principally for swimming,
wading, paddling, or the like, including a bathing or wading, or spa.
EXTRACT OF 5.13 SAFETY OF EXISTING SWIMMING POOLS AND SPAS
(1) This regulation applies to a swimming pool or spa(a)
on an allotment containing a Class 1 or 10 building; and
(b)
capable of containing a depth of water exceeding 300mm; and
(c)
constructed, or for which building approval was granted, before 8 April 1991.
(2) The owner of the swimming pool or spa must ensure that one or more of the following barriers are in
place to restrict access to the part of the allotment or building containing the swimming pool or spa(a)
a wall of a building, but only if-(i)
any door or gate in the wall complies with sub-regulation (3); and
(ii)
any openable part of any window in the wall-(A) is not less than 2·4m above the ground or paving immediately external to the window; or
(B) is not less than 1·5m above the floor of the room containing the window; or
(C) has a catch, bolt or lock located not less than 1·5m above that floor level; or
(D) has a securely fitted fly screen;
(b)
a fence and gate complying with AS 1926.1-1993 Fencing for swimming pools;
(c)
a paling, or imperforate fence if-(i)
it is at least 1·5m in height measured above the ground level on the approach side; and
(ii)
any door or gate in the fence complies with sub-regulation (3).
Penalty: 50 penalty units
(3) With respect to any door or gate providing access to the part of the allotment or building containing
the swimming pool or spa, the owner of the swimming pool or spa must ensure-(a)
that there is a lock or latch that prevents the door or gate, if the door or gate is in its closed
position, from being opened by a person unable to reach the opening mechanism for the door or
gate; and
(b)
that the opening mechanism is located not less than 1·5m above the ground, or the internal
floor, level (as the case may be), measured from the approach side; and
(c)
that the door or gate is fitted with a self locking or self latching device that is located not less
than 1·5m above the ground, or the internal floor, level (as the case may be), measured from the
approach side.
Penalty: 50 penalty units.
(4) In this regulation, "owner" in relation to a swimming pool or spa means-(a)
in the case of a swimming pool or spa on an allotment being purchased under a terms contract
(as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become
entitled to possession or to the receipt of the rents and profits, the purchaser of that allotment;
and
(b)
in the case of a swimming pool or spa on any other allotment, the owner of that allotment.
35
IMPORTANT NOTES
(1) As of 1 July 2002 a door or gate referred to in the above Regulation 5.13 (2) (c) must be
fitted with a device(i)
that is located not less than 1.5m above the ground, or the internal floor,
level (as the case may be), measured from the approach side; and
(ii)
that returns the door or gate to its closed position-(A) from any position in the range of positions from fully open to resting on the
lock or latch; and
(B) from a stationary start from any position within that range without the
application of manual force.
(2) Any part of a barrier to be installed or altered that restricts access to the part of the
allotment containing the swimming pool or spa requires a building permit. This
includes swimming pool and spa safety fences and any other fence that forms the
barrier e.g. paling boundary fence. Failure to gain a building permit can result in
substantial penalties.
FENCES AND GATES COMPLYING WITH AS 1926.1--1993 FENCING FOR
SWIMMING POOLS
FENCE HEIGHTS

Fence height must be at least 1.2 metres.

If mesh/perforated materials must have apertures no more than 13 mm.

If mesh/perforated materials have apertures greater than 13 mm but less than 100 mm must
either:

Have a height of at least 2.4 metres, OR,

Have a height of at least 1.8 metres with a cranked top. Cranked top must be at least
450mm high, angled between 90 degrees and 135 degrees, and, have apertures less than
100 mm.

If mesh must have strainer wire, OR, rail at top and bottom of fence.

Quadrant of radius of 1.2 metres from the fence providing a clear span of 1.2 metres to the
finished ground level/projections from the ground/objects on the ground (except nonclimbable objects within the 1.2 metre radius).
RETAINING WALLS
High side of pool

Retaining walls must have a height of at least 2.4m. Projections from or indentations into the
outside surface of the fencing, or any combination of projections and indentations, shall not
form a substantially horizontal surface with a depth greater than 10 mm, unless they are
spaced not less than 900 mm apart and provided that the lower projections or indentations are
at least 1.1 m below the top of the fencing.

Retaining walls may slope up to 15 degrees to the vertical away from the pool.
Low side of pool

Retaining walls may slope up to 15 degrees to the vertical towards the pool, AND,

Have a height at least 1.2 metres / quadrant of radius of 1.2 metres from fence
providing a clear span of 1.2 metres to finished ground level/projections from the
ground/objects on the ground (except non-climbable objects within the 1.2 metre
radius) if the outside surface does not have projections from or indentations into
36
N.B.
surface with depth greater than 10 mm unless spaced at least 900 mm apart and
lowest projections/indentations at least 1.1 metres below top of fence, OR,

Have a height at least 2.4 metres if the outside surface has projections from or
indentations into surface with depth greater than 10 mm spaced up to 900 mm apart
and lowest projections/indentations less than 1.1 metres below top of fence.
Recommendation that fence/barrier be installed above retaining wall to prevent falls.
GROUND CLEARANCE

Clearance between the bottom of the fencing and the finished ground clearance must be
100mm or less.
HORIZONTAL CLIMBABLE MEMBERS

If horizontal members are on the outside of the fence, or, where vertical members are spaced
more than 10 mm apart:
Horizontal members shall be at least 900 mm from top to top.
N.B.
For sloping sites at least 900 mm perpendicular to the finished ground level,
AND, lowest horizontal member at least 1.1 metres below top of fence.
HORIZONTAL NON-CLIMBABLE MEMBERS

Horizontal members on the outside of fencing must have:
no projections from, or, indentations into the surface with a depth greater than 10 mm
unless spaced at least 900 mm apart and lowest projections/indentations at least 1.1
metres below top of fence, OR,
a 60 degree fillet fitted to the horizontal member to make them unclimbable, AND,
vertical members must be spaced no greater than 10 mm.
HORIZONTAL SURFACES INSIDE THE FENCING

If horizontal surfaces near the inside of the fence with spacing between vertical members is
greater than 10 mm, such surfaces shall be separated from the fencing by a distance of at least
300 mm.
VERTICAL MEMBERS

Vertical members shall not exceed 100 mm at any point.
GATES AND FITTINGS



Gates must swing outwards away from the pool area.
Gates fitted with self-closing device / self-latching.
When closed the latching mechanism shall not be able to be released by the insertion of any
implement between the 10 mm gap particularly from below the mechanism.
If the latch or the latch release device is located at a height less than 1.5 m above the finished
ground level, or. 1.4 m above the highest lower horizontal member the latch release device
shall:
not be on the outside of the fence, AND,
be in a position that, to release it from the outside, it will be necessary to reach over or
through the fencing at a height of at least 1.2 metres above the finished ground level or
not less than 1.1 m above the highest lower horizontal member, AND,
37

be at least 150 mm below the top of the gate if a hand-hole is not provided, or, at least
150 mm away from the edge of any hand-hole opening if a hand-hole is provided.
If the release to the latching device or the latch is located at a height less than 1.5 m above the
finished ground level or 1.4 m above the highest lower horizontal member and is capable of
being released at the mechanism, the latch and its release shall be so shielded that no opening
greater than 10 mm occurs within an area bounded by
an effective radius of 450 mm from the operating parts of the latch, AND,
the top of the fence if this intersects the area described above.

Where there is a hand-hole in a gate, the bottom of the opening shall be at least 1.2 metres
above the finished ground level or 1.1 metres above the highest lower horizontal member,
and the shielding shall be extended up to a horizontal line through the top of the hand-hole, or
150 mm above the top of the latch, whichever is the higher. The shield shall be free of sharp
edges and the edges of the adjacent parts of the shield on the gate and the fence shall be
rounded or chamfered to prevent a hazard when the gate closes.
WINDOWS

If the height of the sill of the lowest openable panel of window is less than 2.4 metres then:
1.)
Where height from sill of the lowest openable panel of window to the floor is not
greater than 900 mm –
the openable portion shall be totally covered by bars or a mesh screen, fixed to
the building with fasteners that can only be removed by a tool, compliant with
strength and rigidity tests for fence openings, and, strength tests for fence
components, OR,
windows shall be fixed in a way so as to only open sufficiently to comply with
strength and rigidity tests for fence openings.
2.)
Where height from sill of the lowest opening panel of a window to the floor is
more than 900 mm but not more than 1200mm the openable portion of the
window shall comply with the above, or, be fitted with a securely fixed flyscreen.
A window not complying with either of the above shall be located at such a
height that the distance from the floor to the sill of the lowest opening panel is
more than 1.2 metres.
DOORS

Doors must be fitted with a self-latching device (automatically operates on closing the door
and prevents the door from being re-opened without manually releasing the device), AND, a
self-closing device (returns the door to the closed position and operates the latching device
from any position with a stationary start without the application of a manual force).
38

The latch release on the building side of the door must be located at least 1.5 metres above
the floor. No footholds wider than 10 mm on the door/door frame in the area from the latch
release down to 100 mm above the floor.

The door must close and latch at any position from resting on the latching mechanism to fully
open under the natural weight of the door, OR, the application of 25 kg of mass 100mm from
the outer edge of the locking mechanism.
N.B. Sliding doors are not excluded however it may not be possible to fit self-closing and selflatching devices to all designs of sliding doors.
N.B. All doors within a single door opening require to have safety devices. Any fly screen
door shall also be protected with safety devices as per its associated door.
Note: Flyscreen door requires to comply with the loading requirements of Appendix D
ABOVE-GROUND POOLS

Walls of the pool are an effective barrier if they are at least 1.2 metres in height and comply
with requirements in relation to fencing heights, non-climbable members and climbable
members.
BALCONY PROJECTING INTO POOL AREA

Distance from balcony floor to the pool surround (at least 2.4 metres).

If distance from balcony floor to the pool surround less than 2.4 metres, and, where windows
and doors to the balcony do not comply with the Standard requirements the balcony shall
include a balustrade which complies with the requirements for a fence in the Standard.
GENERAL

Fencing is free of sharp edges, sharp projections and similar hazards.

Check for permanent damage to posts.

Check footings not loosened to impair effectiveness of barrier.

Flexible fencing material and components not break or tear, or, fixings loosen.

Barrier able to withstand force of 300 N and components not breaking/showing signs of
fracture/becoming permanently deformed by more than 10mm over length, OR, able to
withstand force of 250 N without any component becoming permanently deformed.

Latching tests from fully open to resting on latching mechanism.
39
MAINTENANCE OF SWIMMING POOL & SPA BARRIERS
(Reg5.13A) (Info 4)
Swimming pool and spa barriers are required by law to be maintained and serviceable.
Occupiers and users of domestic swimming pools and spas are responsible for ensuring
that the barriers are in fact maintained and are in use at all times.
Regulation 5.13A of the Building Regulations 1994 provides for significant penalties (up
to $5000.00) in the event a person is found guilty by the court of not maintaining a pool
or spa barrier or guilty of leaving a gate (or similar) open.
Regulation 5.13A (as at 1 August 2003) is set out below:
5.13A. Swimming pool safety maintenance and operation
(1) The occupier of an allotment containing a swimming pool or spa appurtenant
to a Class 1 or 10 building must take all reasonable steps to ensure that any fence
or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access
to the swimming pool or spa is maintained and operating effectively at all times.
Penalty: 50 penalty units.
(2) The occupier of an allotment described in sub-regulation (1) must take all
reasonable steps to ensure that any gate or door forming part of a swimming pool
barrier or fence that provides access to the swimming pool or spa is in the closed
position except when a person is in the act of entering or leaving the part of the
allotment containing the swimming pool or spa.
Penalty: 50 penalty units.
(3) A person who enters or leaves the part of a building or allotment containing a
swimming pool or spa must ensure that any gate or door forming part of a
swimming pool barrier or fence that provides access to the swimming pool or spa
is in the closed position at all times, except when that person or another person is
in the act of entering or leaving that part of the building or allotment.
Penalty: 50 penalty units.
(1 Penalty unit = $100.00)
40
IMPORTANT INFORMATION FOR SWIMMING POOL & SPA
OWNERS (Info 5)
ADULT SUPERVISION
The provision of suitable barriers to restrict access to a swimming pool/spa is no substitute for
the adult supervision of children who are playing in or around the area of the allotment
containing the swimming pool/spa.
The following is a number of simple steps to follow to ensure that young children are suitably
supervised in and around the swimming pool/spa area:

Supervision means constant visual contact and not just an occasional glance whilst inside
a home, reading, snoozing etc.

Supervision means taking children from a swimming pool/spa with you if you are
required to leave the area, if only for a moment.

Supervision includes ensuring that safety barriers such as gates and doors are not left open
by children, in poor maintenance, or, propped open in a permanent manner.
MAINTENANCE
Once suitable pool safety barriers have been installed it is imperative that building owners
ensure that an ongoing maintenance program is undertaken to ensure that the barriers fulfil
their intended purpose.
The following is a number of simple steps to follow to ensure that the safety barriers are
appropriately maintained:

Maintenance of safety barriers installed to gates, doors and windows to ensure that they
are still fitted correctly, and, still operating correctly.

Maintenance of fences to ensure that they are still in excellent condition and are nonclimbable.

Maintenance of landscaping to ensure that tree branches, pot plants etc. are not able to be
climbed by young children to gain access to the swimming pool/spa.

Maintenance of the general area surrounding safety barriers to ensure that chairs, boxes,
ropes, pool pumps, clothes lines, dog kennels, children’s play equipment etc. are not able
to be climbed by young children to gain access to the swimming pool/spa.

Consideration should also be given to an inspection of adjoining properties to ensure that,
over time, there has not developed potential hazards or climbable objects that may allow
access by young children to the swimming pool/spa.
OTHER SAFETY INITIATIVES
There are a number of other safety initiatives that can be initiated by building owners to
provide even greater protection for young children in and around the swimming pool/spa.
The following is a number of safety initiatives for you to consider:

Ensure that all persons using the swimming pool/spa do so in a safe manner.

Consider the potential dangers of the combination of alcohol and water.

Display a clearly visible resuscitation chart in an area adjacent to the swimming pool/spa.
Include a reference on the chart to the location of the nearest telephone in case of
emergencies.

Consider undertaking an approved first aid/resuscitation course.

Consider having young children take swimming lessons to familiarise themselves with
water, and, provide them with the necessary skills to cope should they get into difficulty
in the water.

Development of a water safety plan in the event of an accident or emergency.
41
FLOWCHART FOR MBS FOR ADMINISTRATION & ENFORCEMENT
1st LETTER (L1) (L2)
Information Sheets 1-5
1st INSPECTION
NON COMPLIANCE
ACCEPTED
BUILDING ORDER (O1)
EMERG. ORDER (O2)
NO FURTHER
ACTION
FURTHER LETTER
(L4) & (L4-1) & (L5)
2nd INSPECTION
NON COMPLIANCE
ACCEPTED
NO FURTHER
ACTION
ADVISED TO
COMPLY
3rd INSPECTION
ACCEPTED
NON COMPLIANCE
NO FURTHER
ACTION
CONSIDER EXTENSION
OF TIME
LETTER RE SOLICITOR
(L6)
NO RESPONSE
REFER TO SOLICITOR
(L7)
PROSECUTE
s253 ORDERS
COSTS
COURT ENFORCED
COMPLIANCE
42