Swimming pool safety

Amended Building Regulations Relating to Pool Safety

Property owners are responsible under building regulations for ensuring that there are barriers to isolate pool and spa areas and that these barriers are maintained and effective at all times. A swimming pool requiring child resistant safety barriers includes the following; in-ground pools, above ground pools, spas, hot tubs, jacuzzis, bathing/wading pools or spas and indoor pools.

Pool owners may face fines of up to $5000 if they fail to adhere to the building regulations
Owners of pools and spas constructed or approved before 8 April 1991 need to be aware of the amended regulations to which their pool and spa safety barriers may now not comply.

	Pool fences, fences, gates, doors and windows that form the barrier are fitted and operating correctly.
	Maintain landscaping and the general area to ensure that children can't climb tree branches, pot plants, boxes, play equipment, clothes lines or the like, to gain access to the swimming pool/spa.
	Consider inspecting adjoining properties to ensure there are no potential hazards or objects that may allow young children access to the swimming pool/spa.
	100 per cent supervision of children at all times. This means constant visual contact and taking children from a swimming pool/spa area if you leave the area, even if only for a moment.
	Supervision also includes ensuring that safety barriers such as gates and doors are not left open, poorly maintained, or propped open.
	This summer, don't risk increased fines, possible conviction, and at worst, a drowning.
	Make sure you and your pool are ready so that your backyard is a safe and enjoyable place.

Swimming pools or spas constructed on or after 8 April 1991

If the pool or spa was constructed on or after 8 April 1991, you must provide a safety barrier complying with the Australian Standard 1926, Fencing for Swimming Pools as follows.

The standard stipulates that swimming pool or spa safety fencing must be designed and constructed so as to be non-climbable by young children having regard to the height of the fence and any horizontal climbable members, openings, footholds in the fence and the operation of self-closing and self latching gates. The gates must swing outwards from the pool or spa area and the latching device must automatically operate on the closing of the gate and prevent the gate from being re-opened without manual release.

Fencing can be typical pool or spa fencing or existing boundary paling fences if the palings are on the non-pool or spa side. The fencing must be located in accordance with one of the options below and must ensure that the effective fencing height is not compromised by nearby objects or projections such as trees.

Walls can also be acceptable, subject to consideration of doors and windows as set out in Australian Standard 1926.


Frequently asked questions

Q. I have recently purchased a house where there was no fence around the pool or spa. Whose responsibility is it to install a fence?

A. As the new owner you are responsible for ensuring that the safety barrier is provided. The purchaser of a house with a pool or spa should expect a fence or other suitable barrier to be already installed.

Q. I have recently installed a pool cover over the pool/spa. Does it comply with the legislation?

A. The placing of a cover or lid over the pool or spa does not comply and it is not acceptable. You are still required to provide a safety barrier.

Q. I have recently purchased an inflatable pool. Does it require fencing?

A. An inflatable pool, which is deeper than 300mm and not emptied after each use, requires a safety barrier. This may be typical pool fencing, boundary fencing with additional consideration and/or treatment to gates, fences etc, the walls of the house with additional consideration and/or treatment to doors and windows etc, or any combination of these.

Q. How do I know if the barrier around my pool complies with the law?

A. You can contact the building department for written details of what is required for compliance. A site inspection and list of work required can usually be provided on a fee for service basis.