POOLSIDE BLOG
Pool & Spa Fences & Gates
Pool and spa fences and barriers are required by legislation for any swimming pool or spa in excess of 300mm (30cm) in depth and must be maintained for the life of the pool or spa, this includes keeping the area around the safety barrier free from climbable objects or plants that can be used to gain access to the pool area.
Update: 11 October 2021
New compliance certificate dates were deemed necessary to ensure that pool inspections can be done in an orderly and timely manner during the pandemic.
Compliance certificate must be lodged by:
1 June 2022 if pool/spa construction date = On or before 30 June 1994
1 June 2023 if pool/spa construction date = between 1 July 1994 until 30 April 2010
1 June 2024 if pool/spa construction date = between 1 May 2010 until 31 October 2020
Every pool & spa must have a barrier and every child must be supervised. It only takes a few minutes for pool owners to check that their pool fences and gates, including latches and hinges, are in good working order. This simple routine done regularly could save the life of a child.
Pool and spa fences and barriers are required by legislation for any swimming pool or spa in excess of 300mm (30cm) in depth and must be maintained for the life of the pool or spa, this includes keeping the area around the safety barrier, free from climbable objects or plants that can be used to gain access to the pool area.
The key elements of the relevant Australian Standards are designed to restrict access by unsupervised young children, especially those under 5 years of age, to the swimming pool area.
*IMPORTANT: This is general safety information, Please make sure you are compliant with your local council and State govt. regulations.
SAFETY BARRIERS
Essentially, a safety barrier can be made of any material that has a reasonable life span when exposed to the likely conditions of weather, pool chemicals, pollution, decay, insects, salt water spray, impacts, etc.
Safety barriers must have an effective perpendicular minimum height of 1.2 metres.
Existing boundary fences can be used as a safety barrier provided that they are well maintained, at least 1800mm high measured on the inside of the barrier to a solid finished surface and have no climbable elements within 900mm measured from the top of the inside of the fence.
GATES
These must open outward only (away from the pool area) and have an effective perpendicular minimum height of 1.2 metres.
They must return to the closed position and engage the latch automatically from any position and not re-open without using the manual release mechanism.
The latch release must be at least 1.5 metres above ground level unless it
(i) is inside the fence
(ii) can only be reached over or through a fence higher than 1.2 metres or
(iii) is 300mm below the fence top (no hand hole) or at least 150mm away from the edge of any hand hole opening.
Latch releases less than 1.5 metres above ground level must be shielded so that no opening greater than 10mm is closer than 450mm.
Any hand hole shall be at least 1.2 metres above ground level.
WALLS
External walls of a building can be used as swimming pool barriers so long as they do not contain any doors opening into the pool area and windows are treated to prevent access to the pool area.
DOORS & WINDOWS
Doors from a dwelling are prohibited from opening into a swimming pool area. The only exception is for doors opening directly to an indoor swimming pool or spa.
Acceptable window fixing treatments are as follows:
Those totally enclosed by screw fixed security screens that can only be removed by the use of a tool
Those that are fixed so the window cannot open more than 100mm max
Those with a lowest opening panel not less than 1.8 above the ground level to the pool area
Those that have firm fixed metal fly-wire installed that is fixed to the building with fasteners that can only be removed by the use of a tool
We have a number of contacts for pool safety inspections, professional licensed fence builders as well as many gate, hinge and latch spare parts. Please contact us if you’re unsure if your pool fences & gates are up to standard.
NEW VICTORIAN SWIMMING POOL & SPA SAFETY LAWS
On 1 December 2019, new laws to improve swimming pool and spa safety came into effect in Victoria. It is now mandatory for owners of land where a swimming pool or spa is located to register their pool or spa with the relevant council.
Owners are also required to have their safety barriers inspected and to lodge a certificate of barrier compliance with their council. If a safety barrier is not compliant, it is the owner’s responsibility to make the barrier compliant.
New Swimming Pool and Spa Safety laws in Victoria
As of 1 December 2019, it will be mandatory for owners of land where a swimming pool or spa is located, to register their pool or spa with their relevant council, have their safety barriers inspected and to lodge a certificate of barrier compliance with their local council.
Update: 11 October 2021
New compliance certificate dates were deemed necessary to ensure that pool inspections can be done in an orderly and timely manner during the pandemic.
Compliance certificate must be lodged by:
1 June 2022 if pool/spa construction date = On or before 30 June 1994
1 June 2023 if pool/spa construction date = between 1 July 1994 until 30 April 2010
1 June 2024 if pool/spa construction date = between 1 May 2010 until 31 October 2020
Pool Barrier Compliance
As of 1 December 2019, it will be mandatory for owners of land where a swimming pool or spa is located, to register their pool or spa with their relevant council, have their safety barriers inspected and to lodge a certificate of barrier compliance with their local council.
Key points
New laws for the registration, inspection and compliance of pool barriers in effect as at 1 December 2019.
Pools & Spas must be registered with local councils by 1st November 2020.
Inspections & lodgement due by 1st June 2021 *pool age decides the due date.
Poolside Beaconsfield will assist with all compliance requirements.
Registration of Pools and Spas
Pool and spa owners now have until 1st November 2020 to register their pool or spa with their local council.
The total maximum fee that council can charge for pools constructed prior to 1 June 2020 is $79.08
Pools and spas constructed after 1 June 2020 must be registered within 30 days after issue of occupancy permit or certificate of final inspection.
If you do not register your pool by 1 November 2020, you will be subject to fines/penalties.
Local Councils for swimming pool and spa registrations
Casey Council - Click to Register your pool or spa online with Casey Council
Cardinia Council - Click to Register your pool or spa online with Cardinia
Knox Council - Click to Register your pool or spa online with Knox Council
Greater Dandenong - Click to Register your pool or spa with Greater Dandenong Council
Once your swimming pool or spa has been registered, you need to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard.
An inspection of your pool or spa barrier can only be carried out by:
a registered building surveyor
a registered building inspector
a municipal building surveyor
Pool safety barriers
All swimming pools and spas capable of containing water greater than 300mm (30cm) must have a compliant safety barrier to restrict access to the pool area by young children (under the age of five).
Barriers are required for:
in-ground pools and spas
above-ground pools and spas, including relocatable and inflatable pools that are capable of holding more than 300mm (30cm) of water and require assembly on site.
indoor pools and spas
bathing and wading pools capable of containing more than 300 mm (30cm) of water.
As a pool or spa owner, you have an obligation to maintain the operation of your swimming pool or spa barrier to prevent access to the pool or spa.
The following checklists will help you assess the safety of your barrier. The checklists are based on the relevant barrier standard associated with the date that the pool or spa was installed.
Checklist 1 (for pools and spas installed before 8 April 1991)
Checklist 2 (for pools and spas installed between 8 April 1991 and 30 April 2010)
Checklist 3 (for pools and spas installed from 1 May 2010)
If the inspector determines that your safety barrier complies with the applicable barrier standard, they will issue a certificate of barrier compliance. As the owner of the land with the pool or spa, you then need to lodge the certificate with your council. You must do this within 30 days of receiving the certificate. Pool owners will have 60 days to bring their pools into compliance if an inspector identifies any non-compliant safety concerns.
The fee for lodging a certificate of pool and spa barrier compliance will be up to a maximum of $20.50, with certificates of compliance being required to be lodged once every four years. Hefty fines will apply for pool and spa owners who do not register their pool or spa.
Inspection and lodgement of the certificate of barrier compliance for pools and spas:
For pools and spas constructed on or before 30 June 1994, a certificate of barrier compliance must be lodged by 1 June 2021
For pools and spas constructed between 1 July 1994 and 1 May 2010, a certificate of barrier compliance must be lodged by 1 June 2022
For pools and spas constructed between 1 May 2010 and 31 May 2020, a certificate of barrier compliance must be lodged by 1 June 2023
For pools and spas constructed on or after 1 June 2020, a certificate of barrier compliance is due within 30 days of occupancy permit or certificate of final inspection. This certificate must accompany an application for registration. The next certificate of compliance is due four years after registration.
Poolside Beaconsfield will be registering to have in-house, trained inspectors as soon as the Victorian Building Authority announces further information and training centre locations are announced.