Swimming Pool Laws (Important Dates)
The requirements for child-resistant barriers on premises where there is a residential building vary according to when the pool was constructed. See the below important dates to determine what Legislative Requirements apply to each circumstance.
For pools built before 1 August 1990
The means of access from the residential building to the pool must be restricted at all times. The standard for restriction, eg, by complying windows and doors, is set out in the Regulation.
For pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a child-resistant barrier that separates the pool from any residential building situated on the premises and from any place adjoining the premises.
Automatic exemptions apply from the four-sided barrier for pools on very small properties (less than 230 square metres), large properties (2 hectares or over) and waterfront properties.
For pools built after 1 July 2010
The amended swimming Pools Act 1992 removes automatic exemptions from the four-sided barrier requirement for new pools on very small properties (less than 230 square metres), large properties (2 hectares or over) and waterfront properties.
All new pools must be separated by a complying barrier from the house and adjoining properties. The general requirement for child– resistant barriers on residential properties is for the pool to be separated by a complying barrier from the house, adjoining properties and public spaces at all times. Direct access from the house to the outdoor pool area is not permitted unless an exemption applies.
Local councils may grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases, eg, to provide access for people with disabilities.
Pool Fence & Gate – Maintenance
The owner of the premises on which a child-resistant barrier is situated must ensure that the swimming pool is at all times surrounded by a child-resistant barrier as well as keeping the child-resistant barrier maintained.
Maintenance of the Pool Barrier includes but is not limited to the following:
Consumers should be encouraged to seek the advice and/or services of a Licensed Pool Technician, Builder or Fencing Contractor.
Pool Fence – Location
The Swimming Pool Act 1992 stipulates that an owner may decide where the required child – resistance Barrier is to be located, however, the fencemust separate the pool from any residential building on the premises.
Before owners choose the location of their pool fence they should first check with their local Council to discuss their desired location with them in order to avoid conflicting legislation or additional Local Council Guidelines.
Pool Fence – Height
Australian Standard AS 1926.1 stipulates that a pool fence shall be not less than 1.2m highall the way around.
If the pool fence is not 1.2m high all the way around or only in some sections then the home owner should seek immediate advice from a Licensed Builder, Pool Technician or Fencing Contractor.
Pool Fence – Non Climable Zone (NCZ)
Australian Standard AS 1926.1 stipulates that a fence must have a Non Climbable Zone (NCZ) of 900mm on the outside of the pool fence all the way around.
Trim trees or shrubs near the pool fence and other objects such as BBQ, pot plants, toys, ladders and chairs should not encroach within the NCZ area.
Boundary Fence used as part of Pool Fence
|Australian Standard 1926.1stipulates that when a Boundary Fence (min 1.8m) is used as part of the chid-resistant barrier then the Non Climbable Zone (NCZ) of 900mm will be measured from the inside (pool side) of the fence. NOTE:
Any Climbable Horizontal surface on the inside of Boundary Fences (1.8m) shall not be within the Non Climbable Zone (NCZ).
If a Horizontal Surface is located within the NCZ then a fillet is an acceptable solution which would rectify the problem.