Whittlesea Building Services

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Swimming Pools

Drowning is the most common case of preventable death for children under five years of age.

Swimming pools are an artificial basin for recreational or competitive swimming and other aquatic activities such as wading, paddling, and water sports. Swimming Pool Fencing is a childproof enclosure for private swimming pools required by legislation. Pool and spa owners in Victoria are now required to comply with government standards and regulations, including installing and maintaining pool fences, self-closing and self-latching gates and other safety measures covering the entire pool enclosure area - no matter when they were built or installed.

Local councils play an important role in policing pool safety and can issue on-the-spot fines of $200 for breaches of the regulations. In addition, penalties, of up to $10,000 are prescribed under the Building Act 1993 for failure to adhere to the building regulations.

Required by legislation, safety barriers refer to a fence, wall, gate or screen, and includes doors, gates, windows, locks, latches, hinges and self-closing devices attached to them. Safety barriers are required for in-ground swimming pools, spas, bathing and wading pools and hot tubs. A building permit is required for the swimming pool or spa and the fence or safety barrier. The permit must include details of the type and location of the barriers, fences, gates, doors, windows, latches, catches, self-closing devices and flyscreens and the location of the pool or spa. If the value of the work is to exceed $5,000 (including labour and materials) the builder/installer must be registered as a building practitioner with the Building Practitioners Board.

Please note: an inflatable swimming pool, which is capable of containing a depth of water greater then 300mm, requires a safety barrier.

Government Standards & Regulations require:

• All swimming pools and spas capable of containing 300mm (30cm) of water must have suitable child resistant safety barriers.
• A building permit is required for the construction of all pools (including those above ground) and spas that are capable of containing 300 mm of water.
• A building permit is required for installing or altering all swimming pool and spa safety fences and barriers including windows, doors and gates that provide access to pool or spa area.
• Suitable child restraint safety barriers must be completed within six months of building work or prior to the pool or spa being filled with water.
• Any swimming pool or spa fence, barrier, gate or door must be maintained in good working order.
• All gates and doors providing access to a swimming pool or a spa must have self-closing and self-latching devices regardless of when they were built.
• It is an offence to prop open any gate or door providing access to a swimming pool or spa.

Ongoing care and maintenance:

• Maintain gates and fences regularly.
• Fit correct safety measures to gates, doors and windows such as self-closers, latches, fly screens, catches and bolts.
• Ensure no tree branches, pot plants, or other items that could be used to climb the barrier to access the swimming pool or spa are located within a 1.2m radius of the safety barrier.
• Check that any chairs, boxes, pool pumps, or other items that could be used to climb the barrier to access the swimming pool are removed within a 1.2m radius of the safety barrier.
• Ensure all gates and doors that provide access to the swimming pool or spa are closed at all times, except when entering or leaving the area.

If you are purchasing a house with a swimming pool or spa that does not comply with the regulations please be aware that as the new owner you are responsible for ensuring that the safety barrier is provided. If you own, or are purchasing a home with a swimming pool or spa, and are not sure that the swimming pool or spa fence or barrier complies, contact our office to arrange for an inspection.

Example of a pool area