Swimming Pool Conditions

SWIMMING POOL BALUSTRADING COMPLIANCE

Ref: AS 1926.2 - 1995

NEW POOLS

(Constructed or installed after 1st August 1990)

New Pools

(A) The act requires the owners of premises on which a swimming pool is situated to ensure the swimming pool is surrounded by a child resistant barrier. The Barrier must separate the pool from any residential building (dwelling, garage, shed, etc) and from any adjoining property.

(B) The barrier must meet the requirement of AS 1926 of 1986. Perimeter (boundary) fencing is permitted.

Refer diagrams attached which illustrate the requirement.

EXEMPTIONS

There are exemptions for pools on very small properties (less than
230m² in area), large properties (greater than 2 hectares –
approximately 5 acres) and waterfront properties (see item D following
pages).

SPA POOLS

Spa pools are not required to be fenced so long as access is restricted by
a child resistant device.

EXISTING SWIMMING POOLS

(Constructed or installed before 1st August, 1990)

Swimming Pools Act 1992

For existing swimming pools situated on typical size residential allotments (ie. Not on properties over 2 hectares in area, not on properties less than 230m² in area, and not on waterfront allotments), two options have been provided to restrict access by children to existing pools:-

Option 1

The pool may be surrounded by child-resistant fencing complying with Australian Standard 1926 of 1986 – perimeter (boundary) fencing is permitted

Option 2

Child-resistant fencing may be used to separate the pool from any neighbouring properties. Instead of fencing between the house and the pool, child-safe windows and doors can be used to restrict access to the pool from inside any residential building on the property (diagram 3,4, or 5)

Definition of “Child-Safe”

(a) in the case of a door, being of substantial construction and (when the door is locked, latched, bolted, chained or otherwise secured) having no opening below 1.5 metres above finished floor level (either in the door or between the door and the doorway) through which it is possible to pass a standard test bar of 105 millimetres in diameter; and

(b) in the case of a window, being of substantial construction and being fixed (by means of a keyed locking device or other child-resistant device) that it has no opening through which it is possible to pass a standard test bar of 105 millimetres in diameter; and

(c) in the case of a wall, being of substantial construction, having vertical sides and having a height of at least 1.2 metres and (in case of a wall which has above its top a gap of 105 millimetres or more) having no footholds wider than 10 millimetres within 1.1 metres of the top of the wall’ and

(d) in any other case, being of substantial construction and having no opening through which it is possible to pass a standard test bar of 105 millimetres in diameter.

How is access to be restricted from a residential building (dwelling, garage, etc) to a swimming pool?

(1) In relation to each doorway giving access to the swimming pool:-

(a) The door (or, if there is a security door in addition to another door, either of those doors) must be a child-safe door and must be kept child-safe by means of a lock, latch, bolt, chain or other child-resistant device located at least 1.5 metres above finished floor level; and

(b) There must not, on the door or on the door frame, be any footholds wider than 10 mill

(2) A lock, latch, bolt, chain or other child-resistant device located less than 1.5 metres above finished floor level is taken not to be a foothold for the purposes of subclause (1)(b).

(3) In relation to each window giving access to the swimming pool:-

Swimming pools located on very small properties (less than 230m² in area), large properties (greater than 2 hectares in area – approximately 5 acres) and on waterfront properties, are exempt from providing child-resistant fencing provided that doors and windows from any residential building on the site are at all times restricted as referred to above. On large and on waterfront properties, a residential building does not include a reference to a garage or shed provided that the structure itself is not being used for residential purposes (refer to diagrams 6 and 7 to illustrate the barrier alternatives on large and on waterfront sites.

Indoor Swimming Pools

The means of access to an indoor pool is to be restricted as indicated in item “C” on the previous page.

Spa Pools

A spa pool is not required to be surrounded by a child-resistant barrier so long as access to the water contained in the spa pool is restricted as follows:-

The spa pool must be covered or secured by a child-safe structure )such as a door, lid, grille or mesh) that is fastened to the spa pool by a child-resistant device (lock, latch, bolt, chain, etc.)

General Provisions

(i) Upon application made by the owner, accompanied by a $50 feed, Council may grant an exemption from barrier requirements that are impracticable or unreasonable in particular cases.

(ii) Upon application made by the owner, accompanied by a $50 feed, Council must issue a certificate of compliance if the swimming pool complies with relevant parts of the Act.

(iii) Owners must comply with the new barrier requirements by 1st January, 1993.

Notes:

FACTORS TO BE CONSIDERED IN FENCING LOCATION

The distance of fencing from the pool should take into consideration a safety margin sufficient to discourage diving and jumping from the fencing into the Pool. The fencing should not be located so close to the pool that adults will be discouraged from making use of the area within the fencing while supervising children in the pool.

The possibility that the compliance of boundary fences used as pool safety fences may be compromised by actions taken by adjoining property owners should be taken into consideration.

Where possible, tool sheds, garages, barbecues and clothes lines should be located outside the pool area to reduce the like hood of self-closing gates being propped open in order to gain access.

Wherever a young child is inside a pool area, constant supervision is essential. Increasing the area and utilities inside the pool area may increase this responsibility.