Backyard pool safety
Requirements for home swimming pools and outdoor pools
A short guide for residents on the requirements and your obligations as an owner, occupier or tenant of a property which has a pool or a spa.
Moreland City Council hopes that residents with a home swimming pool or indoor or outdoor spa never experience the trauma of an accidental drowning. Use this page as a preliminary guide to ensure that your home has a safe swimming pool or paddling pool or spa. If you plan to install a new pool or spa, Victorian Regulations specify the construction and maintenance and safe use of that pool or spa.
A positive step in lessening the inherent dangers of a pool or spa on your property is understanding that:
- Regulations exist for pools and spas built before May 2010, and
- Regulations also exist for construction and use of pools and spas built after May 2010.
- It is your responsibility as the owner, occupier or tenant of property with a pool or spa to ensure it is safe at all times.
The history of legislation for pools and spas
In Victoria, drowning is the most common cause of preventable death for children under five. Pool fencing significantly reduces the risk of accidental drowning. While pool fencing is one effective deterrent to drowning, parents or other adults should always supervise young children in a swimming pool or spa. It is because of the many traumatic and accidental child drownings that these strict rules exist. Sadly, the number of children and older adults drowning is increasing, so please be aware of the dangers and remain alert if you have a pool or spa on your property.
Pools and Spas built before 1 May 2010
For pools or spas constructed before 1 May 2010, the following applies:
- Swimming pool or spa safety fencing must be designed and constructed so that young children cannot climb on or over the fence.
- Gates must swing outwards from the pool or spa area and must have a self latching device.
- The latching device must return to the closed position and engage the latch automatically, preventing the gate from re-opening accidently.
- The latch must be located at least 1.5 metres above the ground, must not be modified to remain locked in the ‘open’ position.
- The barrier fence must stand to 1.2 metres above ground level.
- Safety clearance of 1.2 metres is required around the safety barrier.
- Safety barriers and components must be regularly checked and maintained.
- Walls of a building can be used as a barrier, as long as they are fitted with doors and windows compliant with the safety regulations.
- Ensure there are no chairs, tree branches, pool pumps, pot plants or other items that would enable a child to climb over the barrier.
- Access gates and doors must be closed at all times, except when entering or leaving the area.
- Ensure the neighbouring properties adjoining your swimming pool or spa area have no potential hazards or climbable objects that would allow a child access to your pool.
- A boundary fence which constitutes part of the safety barrier, may require inspection to determine its suitability and compliance.
Installing a new swimming pool or outdoor spa after May 2010
As of 1 May 2010, in Victoria, all new swimming pools and indoor or outdoor spas, require a four-sided pool fencing as specified in the Building Code of Australia 2010. Heavy penalties apply for non-compliance; so please understand your many obligations.
- Install a safety barrier for all swimming pools and outdoor spas with a depth greater than 30cm (300mm).
- Obtain a Council building permit for the construction of the pool and barrier fence.
- Complete the safety barrier within six months of building work commencing on the swimming pool or spa.
- Gates must swing outwards from the pool or spa area and must have a self latching device.
- The latching device must return to the closed position and engage the latch automatically, preventing the gate from re-opening. The latch must be shielded.
- The latch must be located at least 1.5 metres above the ground, must not be modified to remain locked in the ‘open’ position.
- The barrier fence must stand to 1.2 metres above ground level and comply with rigidity and strength provisions contained within the Standard.
- Engage a registered building practitioner for all work if the value of the pool or spa construction exceeds $5,000 (including labour and materials) as the requirements for a new pool are substantial.
- Maintain the barrier and any self-closing and self-latching gates in good working order. (All gates must have a self-closing, self-latching device - regardless of when the pool was built).
- Never prop open any gate providing access to the swimming pool or spa. Never!
- Non-compliance with the Regulations risks lives, and pool owners may incur fines in excess of $5,000.
- Access from dwellings is not permitted directly into the pool area via external doors. Windows opening onto the pool must comply with child resistant provisions.
- Self-closing, self-latching doors that swing-out from the pool area are a requirement for all indoor swimming pools and spas.
"Safety barrier" refers to a fence, wall, gate or screen and includes gates, windows, locks, latches, hinges and self-closing devices attached to them.
“Safety barriers” are required for in-ground swimming pools, jacuzzis, indoor swimming pools, above-ground swimming pools and spas. This includes inflatable and portable units that are capable of holding water greater than 30cm (300mm) in depth. The responsibility of swimming pool and spa owners to maintain and use safety barriers can help save lives.
Remember when children are near water, adult supervision is essential.
Safety barriers exemptions
- Structures not used principally for swimming, paddling or wading including bird baths, fish ponds, fountains, dams and water supply/storage tanks
- Swimming pools or outdoor spas not capable of containing a depth of water greater than 300 mm
- Inflatable swimming pools (typically toddler or wading pools) not capable of containing a depth of water greater than 300mm
- Spas inside a building that are used for personal hygiene such as a spa bath in a bathroom.
Maintaining gates and fences
- Test and ensure all gates providing access to a pool or a spa are self-closing and have self-latching devices that work.
- Ensure no tree branches, pool pumps, pot plants or other items which could allow a child to climb over the barrier are within a 900mm radius of the gate or fence
- Ensure all fences (especially boundary timber paling fences) are still in good repair and non-climbable from either your side or the neighbour's side.
- Ensure all access gates to the swimming pool or outdoor spa area are closed and will self close at all times.
Compliance and enforcement
- A new pool and the associated safety barriers are initially the responsibility of the Relevant Building Surveyor overseeing the building work.
- Ongoing maintenance and up-keep of pool and outdoor spa safety barriers is the responsibility of the owner and occupier of the property. This includes the tenant.
Further information
For further information on swimming pool and spa requirements visit the Building Commission website.
Building Regulations 2006 – Part 7. Existing Swimming Pools and Spas; Regs. 701-705
Building Regulations 2006 – Part 12. Swimming Pool Maintenance and Operation Regs. 1219-1220
Australian Standard ‘Swimming Pool Safety’, AS 1926.1 – 2007, Part 1 and Part 2 and visit Standards Australia.
Swimming Pool and Spa Association of Victoria. Visit Spas Victoria.
For further information on safety around water
Royal Life Saving Society Australia, Keep Watch: Prevent your children from drowning. Visit Keep Watch.
Victorian Water Safety Guide – Sink or Swim. Visit Water Safety.
Disclaimer
This page should be used only as a guide for owners, occupiers or tenants where a pool or spa either exists or is being planned. It is not designed to cover all legal obligations and aspects of building and maintaining a pool, or spa in your home or rented premises.
