SPASA

ACT - Home Swimming Pool Safety Reforms

May 1st, 2024

Commenced 1 May 2024

The ACT Government has introduced reforms to home swimming pool safety, with a focus on swimming pool safety barriers.

The reforms commence today, with a four-year transition period for homeowners to make sure that their swimming pool or spa has a safety barrier compliant with the prescribed safety standards or obtain an exemption.

Commencement

The scheme will commence on 1 May 2024, with a four-year transition period for homeowners to make sure that their swimming pool or spa has a safety barrier compliant with the prescribed safety standards or obtain an exemption.

Application of the scheme

There forms will apply to all ACT home swimming pools and spas that are capable of containing water to a depth greater than 30cm and that are associated with a residential building such as a house, unit, townhouse or block of apartments. This includes in-ground and above-ground pools, temporary and permanent pools, wading pools, demountable pools, portable pools, kids’ pools and spas.

  • The reforms will not apply to swimming pools in tourist and visitor accommodation such as hotels, motels and caravan parks.

  • Specific exclusions will apply for inflatable pools, which are defined as a pool that can be deflated and inflated, filled with water to a depth greater than 30cm and does not have a filtration system.

Training

Compliance certificates will be able to be obtained from an authorised person.

SPASA is currently working with the ACT Government in determining what the requirements will deem an authorised person to inspect pool barriers and issue certificates.

Disclosure of swimming pools and spas on sale or lease of a property.

From 1 May 2024 until 30 April 2028, homeowners will be required to disclose prescribed information to perspective tenants and purchasers. Prescribed information includes details of the new requirements and their potential application to the pool or spa.

From 1 May 2028 (the end of the transition period), homeowners will be required to provide perspective tenants and purchasers of the property with prescribed information. Prescribed information includes a valid compliance certificate for their pool or spa.

Detailed information about the scheme is available on the Home Swimming Pool Safety Reforms webpage of the ACT Government planning website.

Promoting compliance and addressing safety around swimming pools

From commencement of the scheme on 1 May 2024, all pool owners will be required to maintain their swimming pool safety barriers, irrelevant of when the swimming pool or spa was approved, built or altered.

Additionally, occupiers of premises on which a swimming pool is situated, irrelevant of when the pool was approved, built or altered, will be required to ensure that all doors and gates providing access to the swimming pool or spa are kept securely closed at all times when they are not in actual use.

For more information
Spiros Dassakis
Chief Policy Officer
E: spiros@spasa.com.au
M: 0449 065 841

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