Swimming pools must be separated from a residential dwelling by a child resistant barrier.
What is a Swimming Pool?
Swimming pool means an excavation, structure or vessel:
(a) that is capable of being filled with water to a depth greater than 300 millimetres, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath. Anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purpose of the Act.
Australian Standards for Pool Fences
For swimming pools constructed or completed before 1st September 2008, the barrier must comply with Australian Standard 1926~1986 'Fences and gates for private swimming pools'.
Swimming pools that commenced construction from 1st September 2008, must have a barrier that complies with Australian Standard 1926.1~2007 'Part 1: Safety barriers for swimming pools'.
Hard copies of the Australian Standard AS1926-1986 "Fences and gates for private swimming pools" and AS1926.1-2007 "Swimming pool safety, Part 1: Safety barriers for swimming pools" are available for viewing at Council's Customer Service centres and Libraries. Please note due to copyright restrictions, copies of the documents are unable to be made.
Swimming pools located on properties which are waterfront, on land over 2 hectares or on very small properties (230m2 or less)
From 1st July 2010, swimming pools located on properties which are waterfront, on land over 2 hectares or on very small properties (230m2 or less) can no longer use the automatic exemptions from the Swimming Pools Act 1992 (Act).
Previously, pools located on the above mentioned properties could use the dwelling as part of the swimming pool barrier. This required all doors and windows from the dwelling to be made child resistant in accordance with the Australian Standard. Existing exempt properties may continue to use the exemption but only if the barrier is continuously kept compliant with the Standard that applied. If the barrier is found to be non-compliant, then the exemption will cease to apply, as per the Act.
The Act requires the owner of premises on which a swimming pool is located to ensure that the pool is at all times surrounded by an approved child resistant barrier.
It is the responsibility of the occupier to maintain the barrier in a state of good repair, and to ensure that all gates or doors providing access to the swimming pool are kept securely closed and latched at all times when not in actual use. The Act also requires the occupier to display a warning notice in the immediate vicinity of the swimming pool, detailing resuscitation techniques together with a supervision warning.
Provisions exist under the Act for on-the-spot fines to be issued without warning by Council, particularly if the required child resistant barrier is not properly maintained in accordance with the Act and Regulations and a warning notice is not displayed.
Did You Know?
- Pool covers are not a child resistant barrier
- Warning notices are compulsory for all swimming pools and spas. They can be purchased from your nearest swimming pool supply centre.
- Above ground swimming pools constructed since 1st September 2008, must be surrounded by a child resistant barrier.
- Pool gates must open outwards, away from the swimming pool
- A dividing fence can be used as part of the barrier.
- Swimming Pool Compliance Certificates can be issued by Council for compliant swimming pool barriers