NCC 2019 requirements for access to and into swimming pools associated with Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings

by Paul Eltringham Stonehenge Consulting Pty Ltd.

The following NCC technical advice has been prepared by Paul Eltringham, Stonehenge Consulting Pty Ltd.

Misinterpretation of the NCC is a constant topic of conversation in the construction industry which is generally due to the way it is written. There certainly are some grey areas which could be interpreted in different ways. As such, I recommend getting advice from more than one qualified Building Surveyor/Certifier in order to get a reliable interpretation. The Guide to the NCC (freely downloaded from the ABCB website) should be the first port of call when unsure about how to interpret a clause from the NCC. If still unsure about an interpretation, you can email the technical department of the relevant Building Authority in your state ie the VBA in Victoria, the Australian Building Codes Board (ABCB) or the Australian Institute of Building Surveyors (AIBS).

The advice in this article is based strictly on the minimum level of NCC compliance required which is all that a Building Surveyor/Certifier can legally require in order to issue a Building Permit. Of course Architects and designers may design above the minimum NCC requirements and are encouraged to do so. Access Consultants should also advise their clients of the NCC requirements yet can provide additional value by offering recommendations for a higher level of accessibility. At the end of the day though, the client needs to know what level of compliance is mandatory to comply with the NCC and not what an Access Consultant or Building Surveyor feels is fair and reasonable based on their gut feeling or personal belief. Therefore, understanding the NCC requirements is essential.

Table D3.1 BCA (Volume 1) determines the requirements for access for people with a disability based on the class of building. When a provision in the BCA is applicable to a specific class or classes of building, that reference to a building may be a reference to the whole building or part of the building. For example, Table D3.1 references Class 10b swimming pools when associated with other classifications.

For Class 1b, 2, 3, 9b and 9c buildings, Table D3.1 states that access is required to and within various common areas and one of the common areas listed is a room or space that contains a swimming pool. Table D3.1 also states that Class 5, 6, 7 and 8 buildings must be provided with access to and within all areas normally used by the occupants. Slightly different wording but essentially means the same.

When Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings are listed as a class of building, the table requires access to and within the room or space where the swimming pool is located. The BCA requirement for access into the actual swimming pool is determined in accordance with Clause D3.10 BCA. For any word in the BCA highlighted blue in italics, one can refer to the Definitions which are located in Schedule 3 BCA. Mouse clicking on the word will also take you to the definition.

A ‘swimming pool’ means any excavation or structure containing water and principally used for swimming, wading, paddling or the like including a bathing or wading pool or spa.

As a side note, swimming pools are also called up in Part G1.1 BCA Volume 1 which states that swimming pools that are capable of being filled with more than 300 mm of water must be protected with a child proof barrier in accordance with AS 1926.1.

All states in Australia have their own special and specific levels of adoption of this Australian Standard yet for new swimming pools associated with Class 1b, 2, 3, 9b or 9c buildings, a barrier at least 1200 mm high with at least one self closing and self latching swinging gate or door (always swinging away from the swimming pool) with a latch or handle generally located at a height of 1500 mm minimum unless the latch is on the inside of the swimming pool barrier and is shielded by a radius of 450 mm (typically a glass pool gate scenario). Clause 13.5.3 – AS 1428.1 states that the height of door or gate latching devices or controls to swimming pools must comply with the relevant Australian Standard since life safety takes precedence over access for people with a disability. Clause D3.10 (d) BCA also clarifies this issue.

Table D3.1 states that only swimming pools with a perimeter greater than 40m that are associated with Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings need to be accessible in accordance with one of the methods listed in Clause D3.10. (unless the swimming pool is for exclusive use of a particular SOU).

Therefore, to comply with the access requirements of the NCC, access into a swimming pool is only mandatory if the pool perimeter is more than 40m.

It is therefore not deemed an offence under the Premises Standards or the DDA to not provide access INTO a swimming pool if the NCC does not make it a mandatory requirement. Disabled access in accordance with AS 1428.1 (2009) however should be provided to the common area around the swimming pool in accordance to comply with the Deemed to Satisfy provisions of the BCA. However, as we know a Performance Solution to not provide wheelchair access to the swimming pool room or space may be a possibility if it can be supported by a qualified and experienced Access Consultant and also accepted by the Building Surveyor although this carries considerable risk of a DDA complaint.

Clause D3.10 (c) also states that when a swimming pool has a perimeter more than 70m when associated with a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building, then at least one accessible water entry/ exit to the swimming pool must be in accordance with D3.10 (b) excluding a sling-style swimming pool lift option.

The key point that can be confusing and is sometimes misunderstood with Table D3.1, is that when disabled access is required to the common areas of Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings, this requires disabled access only to the room or space where the swimming pool is located. Access into the Class 10b swimming pool, when associated with those other classifications required by the Table D3.1, is only required when the total perimeter of that swimming pool exceeds 40m, as replicated here:

To and into swimming pools with a total perimeter greater than 40 m, associated with a Class 1b, 2, 3, 5, 6, 7, 8 or 9 building that is required to be accessible, but not swimming pools for the exclusive use of occupants of a Class 1b building or a sole-occupancy unit in a Class 2 or Class 3 building.

The various access options into swimming pools with more than 40m perimeter are listed in D3.10 BCA, as summarised below:

• a fixed or movable ramp and an aquatic wheelchair; or

• a zero depth entry at a maximum gradient of 1:14 and an aquatic wheelchair; or

• a platform swimming pool lift and an aquatic wheelchair; or

• a sling-style swimming pool lift.

The NCC is published in 2 Volumes –

Volume 1 for Class 2 to 9 buildings (including Class 1b and 10b swimming pools when associated with Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings), and;

Volume 2 for Class 1a and 10 buildings and structures (apart from swimming pools associated with Class 1b, 2, 3, 5, 6, 7, 8 or 9 buildings).

Access for persons with disabilities to Class 10b swimming pools associated with Class 1a dwellings (or to and within Class 1a dwellings) is not required by the NCC.

In reality, most swimming pools associated with a residential development (Class 2 apartments or 3 hotels) with a perimeter more than 40m but less than 70m have a zero depth entry or a ramp which enables persons using wheelchairs to be self sufficient and not rely on external assistance to use a lift.

However, you would be surprised how many swimming pools associated with Class 2 or 3 buildings particularly have been designed with a perimeter marginally under 40m in order to not trigger the requirement to provide disabled access into the pool in accordance with one of the D3.10 methods.