Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245XK

245XK Urgent fencing work

(1) This section applies if all or part of a dividing fence forming part of a pool barrier is damaged or destroyed and, in the circumstances, urgent fencing work is required.

(2) If it is impracticable to give a notice under section 245XM , an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.

Note—

Contribution from an owner to the cost of the urgent fencing work may be obtained after giving a notice to the owner under section 245XN .

(3) The cause of the damage or destruction does not affect the operation of this section.

(4) However, if the dividing fence is damaged or destroyed in a way that renders a regulated pool, that uses the fence to form part of its pool barrier, noncompliant with the pool safety standard—

(a) urgent fencing work is taken to be required; and

(b) it is taken to be impracticable to give notice under section 245XM .