As an owner or you are considering installing a swimming pool and/or spa please be advised your responsibilities include:
- Owners to obtain a building permit for the construction/installation of a swimming pool and/or spa
- Owners must register their swimming pool and/or spa with Council
- Owners must organise an inspection of their safety barrier by a registered swimming pool inspector
- Owners must ensure they are maintaining their safety barriers in accordance with the Building Regulations 2018
- Owners must submit a Certificate of Pool and Spa Barrier Compliance (Form 23) with Council by due date
It is a requirement of the Victorian Building Regulations that any swimming pool or spa capable of containing more than a depth of 300mm of water must have compliant safety barriers.
It is the owner’s responsibility to ensure that compliant safety barriers are in place.
A Building Permit must be obtained prior to the construction of a swimming pool, spa and for their associated safety barriers.
During construction
During construction it is common for temporary fencing to be erected under the Building Permit to allow completion of the pool construction. Ensure you read the contract and discuss the details with your builder to understand what is included and what isn’t.
The design and location of permanent fencing should be finalised during the design stage, prior to obtaining a building permit. Engage a registered Building Practitioner to advise on compliance issues for your barrier design.
Temporary fencing
Temporary fencing is not acceptable as an ongoing or long-term barrier system for swimming pools and spas.
Compliant and permanent safety barriers must be completed within 6 months of the commencement of pool or spa works.
Prior to filling your pool for the first time you must have a compliant safety barrier in place that has been inspected and approved by the relevant Building Surveyor.
Compliance
Your Building Surveyor will require detailed documentation relating to the pool or spa structure as well as fencing details to demonstrate how compliance will be achieved in accordance with the Australian Standard and the Building Regulations.
Your Building Surveyor will issue you with a Certificate of Final Inspection as evidence that the pool or spa and associated safety barriers comply with the Building Permit documentation & applicable barrier standard.
Maintenance
Once completed and approved, maintenance of the pool and safety barriers is the responsibility of the property owner. Safety barriers must be maintained in compliant working order at all times.
Once pool safety barriers have been installed in compliance with Australian Standard AS 1926.1, it is imperative that property owners with swimming pools be aware of their obligations.
Pool owners are obligated under Part 9 Division 2 of the Building Regulations 2018 to ensure the swimming pool safety barriers are maintained to restrict access.
Buying/selling a home
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 a Private Building Surveyor or Inspector to arrange for an inspection.
Why barriers are important
Children under the age of 5 are at highest risk for both fatal and non-fatal drownings (including mild to severe brain or other organ damage due to lack of oxygen) with swimming pools recording the largest number of non-fatal drownings.
Between June 2007 and July 2018, 14 children under the age of 5 have died and 37 children have had non-fatal injuries from home swimming pools in Victoria (Department of Justice).
To protect young children, active supervision of young children in and around swimming pools and spas is required at all times.