The current Australian Standard AS1926-2012 (the standard) is in place as the standard in NSW, Victoria, South Australia, Tasmania, Western Australia and the ACT. In these jurisdictions, the standard is called up by the Building Code of Australia (BCA) and in many cases, there are local variations effected under legislation. Northern Territory operates under AS1926.1 – 1993.
Queensland has its own standard in place which is a modified version of AS 1926-2007 combined with a state standard QDC MP 3.4.
All jurisdictions other than Queensland have in place multiple Standards in the sense that as new standards have been adopted existing pools conforming to the then current Standard have been allowed to maintain conformity with that standard. Pool owners may continue to comply with the Standard that their pool was constructed. under on the provision that there have not been any substantial changes to the barrier. If substantial changes have been made then the pool owner is required to comply with the most up to date Standard.
Exemptions from the standard
There are two categories of exemptions to the national Standard:
Those that are effected through the BCA as a variation to the standard as it applies in a particular jurisdiction
Legislative exemptions to the application of the legislation.
In NSW, there are two cases of the first category of variation:
NSW spas are provided with an alternative to pool fencing and may have a lockable lid that is capable of being operated by one person and must be locked when the spa is not in use.
NSW does not permit an out of ground wall of a pool to be used as a pool barrier.
These NSW variations do not apply in other jurisdictions where fencing is required for spa pools, and out of ground wall of a pool can be used as a barrier if they meet the requirements of the Standard.
There are also exemptions applying to particular types of properties with pools in a number of jurisdictions. These apply in NSW (historic exemptions for small, large and waterfront properties), Tasmania (pools built before 1 November 1994), the ACT (pools built before 1970) and the Northern Territory (pools built prior to 1 January 2003 and pools on small and large properties).
Local councils have the power in NSW, Queensland and Western Australia to approve alternate barriers that can be demonstrated to provide the same safety as an AS1926.1 barrier.
Definition of a Swimming Pool
The Standard defines a swimming pool as: Any structure containing water to a depth greater than 300 mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa pool.
Pool Fence – Height
Australian Standard AS 1926.1 - 2012 stipulates that a pool fence shall be not less than 1.2m high all the way around.
Note: If the pool barrier 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 Climbable Zone (NCZ)
Australian Standard AS 1926.1- 2012 stipulates that a fence must have a Non Climbable Zone (NCZ) of 900mm on the outside of the pool fence all the way around.
Note: 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.
The following NCZs shall be present on all barriers with a height less than 1800 mm:
NCZ 1 is a 900 mm vertical plane on the outside face of a barrier. This NCZ may be located anywhere within the perpendicular height of a barrier or, where present, anywhere between horizontal components or handholds and footholds on a barrier
NCZ 2 is a quadrant on the outside of a barrier created by a 900 mm radius down from the top of NCZ 1 above
NCZ 3 is a quadrant on the outside of a barrier created by a 900 mm radius up from the top of the barrier. When the top of NCZ 1 is below the top of a barrier then NCZ 3 shall extend vertically down to the top of NCZ 1 (see Figures 2.1 and 2.11). NCZ 3 is applicable only to the space created by the quadrant and does not apply to any item or component on, or that is part of, the barrier
NCZ 4 is required on all barriers with vertical openings 10–100 mm in width and is a 900 mm high by 300 mm deep rectangular space on the inside of the barrier and shall align with NCZ 1
Note: NCZ 2 is always immediately adjacent to NCZ 1 on all barriers.
Boundary Fence used as part of Pool Fence
Australian Standard 1926.1 - 2012 stipulates 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: Climbable objects or surfaces should not encroach on the 900mm non climbable zone on the inside of Boundary Fences (1.8m).
If a Horizontal Surface is located within the NCZ then a fillet is an acceptable solution which would rectify the problem.
Pool Fence - Vertical Gaps
Australian Standard AS 1926.1 - 2012 stipulates that gaps between vertical members of the fence shall not be greater than 100mm,
Vertical Gaps in the fence must not be more than 100mm.
Note: If the Vertical Gaps in the fence are greater than 100mm 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 - Gap at Bottom
Australian Standard AS 1926.1 - 2012 stipulates that the Gap at the bottom of the fence must be a maximum of 100mm.
If the Gap at the bottom of the fence is greater than 100mm 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 - Horizontal Climable Members
Australian Standard AS 1926.1 - 2012 stipulates that Horizontal Members shall not be within the 900mm Non Climbable Zone (NCZ) (on the outside of the pool fence).
If a pool fence does have Horizontal Members on the pool fence then they must be Non Climbable.
Note: If the Horizontal Members which form part of the fence are in the Non Climable Zone (NCZ) 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 Gates - Self Closing & Latching Devices
Australian Standard AS 1926.1 - 2012 stipulates that Gates shall be hung so that they ONLY swing outwards. i.e. away from the pool area. The gate must be able to swing freely through its arc of operation.
All gates must be fitted with a Self-Closing Device that will return the gate to a closed position from any position without the use of manual force.
All Gates must be fitted with a Latching Device that will automatically operate on the closing of the gate and prevent the gate from being reopened without being manually released
Note: A Pool Gate that is not Self Closing or does not have a Latching Device should be permanently secured until such time as the device/s can be installed. Self-Closing and Latching Devices can be purchased from most pool shops and hardware shops and are relatively easy to install.
Pool Fence - Latching Device Location
Australian Standard AS 1926.1 - 2012 stipulates Latching Device Locations. Acceptable basic Latching Device Locations are:
Where a latching device is located less than 1500mm then the following applies:
Note: A Pool Gate which has its Latching Device at the incorrect location can easily be relocated with the use of some very basic tools to the correct location. If in doubt, consumers should be encouraged to seek the advice and/or services of a Licensed Builder, Pool Technician or Fencing Contractor.
Overview
The Swimming Pools Act 1992 and its regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools. These documents have been updated a number of times and, as a result, apply differently at different points in time.
The legislation can be found here:
The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. Your local council should have a copy of the Standard available for viewing. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.
A swimming pool is defined as a structure that is capable of being filled with 300mm of water or more and is used for swimming and other water activities. This includes: concrete pools, fibreglass pools, inflatable pools, temporary or wading Pools, above ground pools and spas.
According to the Swimming Pools Act 1992, swimming pools must be surrounded by a Child- Resistant Barrier. It is the pool owner’s responsibility to ensure your swimming pool barrier is in good repair and good working condition.
The Swimming Pool Act 1992 and Swimming Pools Regulation 2018 apply to all swimming pools on premises where there is a residential building, a movable dwelling (eg caravan), a hotel or a motel.
Safety Compliance Laws
The NSW government has introduced new pool safety compliance laws. As a pool owner, you are responsible for ensuring your pool is enclosed and access to it by children is restricted at all times. You are also responsible for ensuring that it complies with relevant Australian Standards and laws.
Registering your swimming pool and/or spa
It is compulsory for all residential pools and spas to be registered.
You can self-register your pool online at the NSW Pool Register. You can also access the site's self assessment checklists to assist with safety questions at the time of registration.
Selling or leasing a property with a pool and/or spa
From 29 April 2016, properties sold with a pool must have one of: a ‘relevant occupation certificate’; a ‘certificate of compliance’; or a ‘certificate of non-compliance’, issued from the NSW Swimming Pool Register.
This means that from 29 April 2016:
Vendors are now able to transfer the obligation of obtaining a ‘certificate of compliance’ to the purchaser. A ‘certificate of non-compliance’ can now be attached to the contract of sale.
The buyer of a property with a non-compliant swimming pool has 90 days from the date of settlement to address any issues of pool barrier non-compliance and obtain a certificate of compliance.
Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease, as they are already regulated through mandatory three (3)-yearly council inspections.
The owner of a property with two (2) or fewer dwellings and a pool must have a certificate of compliance before entering into a lease.
A relevant occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.
Allowing the transfer of obligation for swimming pool barrier compliance provides greater flexibility to the sales process, while ensuring that incidents of non-compliance are addressed. However, this flexibility does not extend to the leasing of properties. Landlords are to ensure that the tenant is provided a copy of a valid ‘certificate of compliance’ at the time the lease is entered into because landlords have a responsibility to provide a safe environment for their tenants.
Key points
All properties with a swimming pool or spa pool being sold or leased on or after 29 April 2016 will need a valid certificate of compliance, certificate of non-compliance or a relevant occupation certificate.
A ‘certificate of non-compliance’ will enable the seller to transfer the responsibility to obtain a certificate of compliance to the buyer.
This transfer will be realised through the attachment of a certificate of noncompliance to the contract for sale.
The buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
How do I get a swimming Pool certificate of compliance?
Your local council or an accredited E1 certifier registered with the Building Professionals Board (BPB) can conduct an inspection and issue a certificate if the pool meets all the safety requirements.
SPASA has a number of E1 Certifier members that you can access here in the “Find a Member” section of our website.
Note:
A swimming pool and/or spa pool certificate of compliance cannot be issued to an unregistered pool/spa.
A swimming pool and/or spa Certificate of Compliance is valid for a period of three years from the date of issue, so long as the fencing remains compliant in that time.
How can I check if a pool has a certificate of compliance?
You can check if a property with a swimming pool has a current certificate of compliance by accessing the NSW Swimming Pool Register online at www.swimmingpoolregister.nsw.gov.au and selecting “Lookup pool”.
Enter the street number, street name (do not type in road, street, lane etc.) and the suburb.
Select “Find property” and the address will appear if the property has a valid certificate of compliance.
What happens if a pool doesn’t comply at the time of inspection?
If a pool and/or spa is inspected and the barrier is found to be non-compliant with the pool safety requirements, the council inspector or private certifier will provide the owner with written details of any non-compliances found as well as what is required to achieve compliance.
NOTE: Home owners should never rely on verbal advice or directions provided by a Council inspector or Private Certifier in relation to alleged non-compliances.
Home owners should demand that any advice be in writing and that the advice properly articulates any non-compliance as well as identifies and lists the relevant clauses within the legislation, Standard and Building Code of Australia they are asking the home owner to comply with.
What are the penalties for non-compliance?
The owner of the pool and/or spa may be liable for a penalty of up to $5,500 for non-compliance with the pool safety requirements. On-the-spot fines of $550 can also apply.
Enforcement action is taken by local councils, and may be triggered by a complaint or concern raised by a neighbour, or during a routine inspection of the swimming pool as part of the council’s pool safety inspection program.
Swimming Pools (Amendment) Act 2012
Overview
The Swimming Pools Act 1992 and its regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools. These documents have been updated a number of times and, as a result, apply differently at different points in time.
The legislation can be found here:
The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. Your local council should have a copy of the Standard available for viewing. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.
A swimming pool is defined as a structure that is capable of being filled with 300mm of water or more and is used for swimming and other water activities. This includes: concrete pools, fibreglass pools, inflatable pools, temporary or wading Pools, above ground pools and spas.
According to the Swimming Pools Act 1992, swimming pools must be surrounded by a Child- Resistant Barrier. It is the pool owner’s responsibility to ensure your swimming pool barrier is in good repair and good working condition.
The Swimming Pool Act 1992 and Swimming Pools Regulation 2018 apply to all swimming pools on premises where there is a residential building, a movable dwelling (eg caravan), a hotel or a motel.
Safety Compliance Laws
The NSW government has introduced new pool safety compliance laws. As a pool owner, you are responsible for ensuring your pool is enclosed and access to it by children is restricted at all times. You are also responsible for ensuring that it complies with relevant Australian Standards and laws.
Registering your swimming pool and/or spa
It is compulsory for all residential pools and spas to be registered.
You can self-register your pool online at the NSW Pool Register. You can also access the site's self assessment checklists to assist with safety questions at the time of registration.
Selling or leasing a property with a pool and/or spa
From 29 April 2016, properties sold with a pool must have one of: a ‘relevant occupation certificate’; a ‘certificate of compliance’; or a ‘certificate of non-compliance’, issued from the NSW Swimming Pool Register.
This means that from 29 April 2016:
Vendors are now able to transfer the obligation of obtaining a ‘certificate of compliance’ to the purchaser. A ‘certificate of non-compliance’ can now be attached to the contract of sale.
The buyer of a property with a non-compliant swimming pool has 90 days from the date of settlement to address any issues of pool barrier non-compliance and obtain a certificate of compliance.
Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease, as they are already regulated through mandatory three (3)-yearly council inspections.
The owner of a property with two (2) or fewer dwellings and a pool must have a certificate of compliance before entering into a lease.
A relevant occupation certificate means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.
Allowing the transfer of obligation for swimming pool barrier compliance provides greater flexibility to the sales process, while ensuring that incidents of non-compliance are addressed. However, this flexibility does not extend to the leasing of properties. Landlords are to ensure that the tenant is provided a copy of a valid ‘certificate of compliance’ at the time the lease is entered into because landlords have a responsibility to provide a safe environment for their tenants.
Key points
All properties with a swimming pool or spa pool being sold or leased on or after 29 April 2016 will need a valid certificate of compliance, certificate of non-compliance or a relevant occupation certificate.
A ‘certificate of non-compliance’ will enable the seller to transfer the responsibility to obtain a certificate of compliance to the buyer.
This transfer will be realised through the attachment of a certificate of noncompliance to the contract for sale.
The buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
How do I get a swimming Pool certificate of compliance?
Your local council or an accredited E1 certifier registered with the Building Professionals Board (BPB) can conduct an inspection and issue a certificate if the pool meets all the safety requirements.
SPASA has a number of E1 Certifier members that you can access here in the “Find a Member” section of our website.
Note:
A swimming pool and/or spa pool certificate of compliance cannot be issued to an unregistered pool/spa.
A swimming pool and/or spa Certificate of Compliance is valid for a period of three years from the date of issue, so long as the fencing remains compliant in that time.
How can I check if a pool has a certificate of compliance?
You can check if a property with a swimming pool has a current certificate of compliance by accessing the NSW Swimming Pool Register online at www.swimmingpoolregister.nsw.gov.au and selecting “Lookup pool”.
Enter the street number, street name (do not type in road, street, lane etc.) and the suburb.
Select “Find property” and the address will appear if the property has a valid certificate of compliance.
What happens if a pool doesn’t comply at the time of inspection?
If a pool and/or spa is inspected and the barrier is found to be non-compliant with the pool safety requirements, the council inspector or private certifier will provide the owner with written details of any non-compliances found as well as what is required to achieve compliance.
NOTE: Home owners should never rely on verbal advice or directions provided by a Council inspector or Private Certifier in relation to alleged non-compliances.
Home owners should demand that any advice be in writing and that the advice properly articulates any non-compliance as well as identifies and lists the relevant clauses within the legislation, Standard and Building Code of Australia they are asking the home owner to comply with.
What are the penalties for non-compliance?
The owner of the pool and/or spa may be liable for a penalty of up to $5,500 for non-compliance with the pool safety requirements. On-the-spot fines of $550 can also apply.
Enforcement action is taken by local councils, and may be triggered by a complaint or concern raised by a neighbour, or during a routine inspection of the swimming pool as part of the council’s pool safety inspection program.
Swimming Pools (Amendment) Act 2012
The Queensland Building and Construction Commission (QBCC) is responsible for pool safety inspector licensing, compliance and disciplinary functions.
Pool safety register
All pools (and spas) in Queensland must be fenced and registered on the pool safety register.
The pool safety register includes a record of pools in Queensland, pool safety certificates issued and a list of all licensed pool safety inspectors.
If your pool isn’t registered you can be fined up to $2,356.
Register your pool or spa online, or by phoning the Queensland Building and Construction Commission on 139 333.
Check the register to see if your pool is already registered.
Find out more about registering your pool or spa.
Pool fences and safety barriers
Pool fences and safety barriers must be maintained to prevent young children from drowning or being seriously injured.
If you are a pool owner you must ensure:
your pool is fenced
pool fences or barriers are well maintained
any damage to fences or barriers is fixed immediately.
Pool safety laws
Queensland's pool safety laws were introduced in 2009 and apply to all pools—new and existing.
The key feature of the approach in Queensland of relevance to this review is the establishment of a Queensland pool safety standard, which is designated Queensland Development Code Mandatory Practice 3.4 (MP 3.4). In effect this standard is AS 1926-2007 as modified by the Queensland Development Code (QDC) which makes it in effect broadly equivalent to AS 1926-2012.
If you own a residential property in the Northern Territory (NT) that is less than 1.8 hectares and has a pool or spa, you may need a pool fence or a pool safety barrier that meets certain safety standards.
This includes in ground, above ground, inflatable and portable pools and spas at houses, units, townhouses and caravans and mobile homes in a caravan park.
Different standards and certification requirements apply depending if your pool was installed before or after 1 January 2003 and if the property has previously been sold, transferred or leased.
These rules and standards do not apply to hotels, motels, serviced apartments or communal facilities at a caravan park.
If you are buying or selling property with a swimming pool or spa you have certain obligations.
You also have responsibilities if you own a rental property with a pool or spa.
The rules and standards are not compulsory for residential properties 1.8 hectares and larger but you can choose to get certification for a pool safety barrier. You should fence your pool or spa even if you choose not to get it certified.
For information about opting-in to pool barrier certification read about requirements for pool safety barriers for properties 1.8 hectares or larger.
The laws and regulations for pool safety barriers in the NT are in the Swimming Pool Safety Act. Read the law.
The pool safety barrier requirements are based on Australian Standards modified to accommodate NT conditions.
Pool safety barriers are just one strategy to protect children under the age of five years from the dangers of swimming pools. Supervision is also a key strategy along with teaching children to swim.
Read more about drowning and water safety.
Read about the water safety awareness program with Royal Lifesaving NT and Learn to Swim vouchers for your child.
What is a swimming pool
A swimming pool is an excavation, structure or vessel, including an outside spa bath or spa pool, that:
can be filled with water to a depth of 30cm or more at the deepest point
and is used or is designed, manufactured or adapted to be used for swimming, wading, paddling or other human water activities.
This includes in ground, above ground, inflatable and portable pools and spas.
What is a pool safety barrier
A pool safety barrier is a fence, wall or similar structure that is intended to form a barrier around a pool or spa to restrict a child under five years of age getting into the pool area.
The barrier can include a gate or door set into the fence, wall or structure.
It can also be a wall of a building that has a window, door or gate set into it or the lid of a spa pool.
A pool safety barrier can’t include a hedge or vegetation.
Specific compliance requirements are detailed in the relevant standards.
Types of standards
There are two pool safety barrier standards in the Northern Territory (NT):
Modified Australian Standard
Community Safety Standard.
The Modified Australian Standard is the higher standard.
There are also situations where compliance with the two standards may not be possible and Non-Standard Safety Provisions may be able to be applied.
Modified Australian Standard
The NT swimming pool safety laws and regulations reference the following Australian Standards:
AS 1926.1 - 1993 Swimming Pool Safety Part 1: Fencing for swimming pools
AS 1926.2 - 1995 Swimming Pool Safety Part 2: Location of fencing for private swimming pools.
The Modified Australian Standard is a modification of these standards.
The modifications relate to:
requirements if chain mesh fencing is used
and measuring the height of the fence from inside your property, instead of from your neighbour’s property, if a common fence is part of the pool safety barrier.
The Modified Australian Standard sets out detailed specifications and measurements about how pool safety barriers must be installed and maintained to restrict access to the pool area by unsupervised children under five years of age.
You can find out how to meet the Modified Australian Standard by:
reading the pool fencing notes (723.2 kb)
visiting a Pool Fencing Unit to read the Modified Australian Standard
reading the modification regulations - read the law - and purchasing a copy of the Australian Standards from the SAI Global InfoStore.
Community Safety Standards
The Community Safety Standard requires that a pool safety barrier must be designed, sited, installed and maintained so the barrier will prevent, to the extent practicable and reasonable in all the circumstances, an unsupervised child under the age of five years from getting into your pool area.
The Community Safety Standard can only be applied to some pools installed before 1 January 2003.
You can find out how to meet the Community Safety Standard by reading the Community Safety Standard guidelines (759.0 kb) or talking to a pool safety adviser at the Pool Fencing Unit.
Non-Standard Safety Provision
In some situations your pool safety barrier may not be able to meet the requirements of the Modified Australian Standard or Community Safety Standard and Non-Standard Safety Provisions may be able to be applied.
The non-standard safety provisions still require the pool safety barrier to restrict access to the pool area for children under five years of age.
These provisions can only be used if the owner is aware of the risks posed to a child by the swimming pool.
The situations where the non-standard safety provisions can be applied are:
where the land or buildings or the design of the pool make it difficult and it would not be reasonable to require the pool safety barrier to comply with the standard requirement
on a small property with an area less than 300 square metres
on a property with water frontage like a beachfront, river or marina
a spa pool on the balcony of an apartment where self-closing and self-latching doors and windows restrict access
a spa pool with a lockable lid or cover.
Read more about spa pool lids and covers.
What standard you need to meet
There are different requirements for pools built on residential properties less than 1.8 hectares before and after 1 January 2003.
Pools and spas installed after 1 January 2003
If you own a residential property less than 1.8 hectares with a pool or spa installed after 1 January 2003 you must:
have a pool safety barrier that meets the Modified Australian Standard
have a compliance certificate issued in your name
comply with all the conditions on the compliance certificate.
You can get the pool fencing notes (723.2 kb) to find out how to meet the Modified Australian Standard.
You can also contact the Pool Fencing Unit to get a free advice inspection by a pool safety adviser.
You will be issued with a compliance certificate when your pool safety barrier has been inspected by a pool safety adviser and is confirmed to meet the Modified Australian Standard.
Read about how to apply for a compliance certificate.
Pool installed but no compliance certificate
If your pool was installed after 1 January 2003 and you do not have a compliance certificate you must apply for a compliance certificate immediately.
Pools and spas installed before 1 January 2003
If you own a residential property less than 1.8 hectares with a pool or spa installed before 1 January 2003, and the property has been sold or leased by any owner since 1 January 2003, you must have either:
a compliance certificate
or acknowledgement notice issued in your name.
You must maintain compliance with the standard already in place or upgrade the pool safety barrier from the community safety standard to the modified Australian Standard.
If the property has not had a compliance certificate or acknowledgment notice issued previously and you want to sell, transfer or lease the property, or you just want to get the pool safety barrier certified you can choose which standard you want your pool safety barrier to meet.
The pool safety barrier must meet either the:
Modified Australian Standard
or Community Safety Standard.
If your pool safety barrier has ever been certified as complying with the Modified Australian Standard (including a Non Standard Safety Provision) you can't choose the Community Safety Standard.
The Building Regulations 2012 (the Regulations) requires all private swimming and spa pools that contain water that is more than 300mm deep to have a compliant safety barrier installed that restricts access by young children to the pool and its immediate surrounds.
The requirements for safety barriers have changed over time. In Western Australia, there are two sets of safety barrier requirements depending on when the private swimming pool was installed or when plans for the installation of the pool were submitted to the permit authority for approval:
Post 1 May 2016; and
Pre 1 May 2016
Generally:
for new private swimming pools (that is post 1 May 2016) the safety barrier requirements are those of the Building Code of Australia (BCA) 2016. The BCA references AS 1926.1:2012 (Safety barriers for swimming pools) and AS 1926.2:2007 (Location of safety barriers for swimming pools) incorporating amendments 1 and 2; and
existing private swimming pools (that is pre 1 May 2016) can continue to comply with their existing requirements under the Regulations or alternatively comply with the new requirements (that is the BCA).
The Building Commission has produced the following publications to assist swimming pool and spa owners to understand the barrier requirements for swimming and spa pools:
Thinking of installing a swimming pool or spa? (options for obtaining building approval)
Industry Bulletin 64 – Changes to swimming pool barrier laws
Industry Bulletin 67 – Building Amendment Regulations (No. 2) 2016 (swimming pool barriers)
Industry Bulletin 72 – Notice of completion - inspections and tests
Pool and spa registration and inspection requirements
As a pool or spa owner you need to complete the following:
Register your pool with your local council:
Pools constructed on or before 30 June 1994 - 1 June 2022
Pools constructed from 1 July 1004 to 30 April 2010 - 1 June 2023
Pools constructed from 1 May to 31 October 2021 - 1 June 2024
Pools constructed from 1 November 2021 - Your first certificate of barrier compliance must be lodged within 30 days of the date of issue of the certificate. This certificate must accompany your application for registration.
Organise an inspection of your pool barrier by a registered swimming pool inspector
Rectify any issues identified by your pool inspection
Submit a certificate of compliance to your council by the due date
Find out more about:
Checklists - If you already have a pool or spa
As a pool or spa owner, you have an obligation to maintain the operation of your swimming pool or spa barrier to prevent access to the pool or spa.
The following checklists will help you assess the safety of your barrier. The checklists are based on the relevant barrier standard associated with the date that the pool or spa was installed.
Checklist 1 (for pools and spas installed before 8 April 1991)
Checklist 2 (for pools and spas installed between 8 April 1991 and 30 April 2010)
If you are having any work done on an existing safety barrier, a permit may need to be issued to alter the barrier. Work to alter an existing barrier will need to comply with the current Regulations. Check with your local council or building surveyor for advice.
If you are planning to get a pool or spa
In Victoria, the design, construction and installation of swimming pools, spas and safety barriers are subject to strict requirements under the Regulations.
Swimming pools, spas and safety barriers must comply with several requirements, including:
being constructed by a domestic builder registered in the appropriate category or class, or an owner-builder who have an owner-builder certificate of consent
have self-latching and self-closing pool gates
safety barriers must comply with AS1926.1-2012.
Property owners and occupants are responsible for making sure pool barriers are maintained, repaired and kept in working order. A new outdoor pool or spa must not have direct access from any building.
For more information
visit www.vba.vic.gov.au/consumers/swimming-pools
All pools and spas must comply with Australian Standard 1926.1 & 2. This standard sets out design rules for fences, pool gates and child-resistant doors and windows.
These requirements are also set out in the Building Code of Australia Volume 2, part 3.9.3 'Swimming Pool Access'.
Pools and spas which must have a barrier
The requirement to install pool safety barriers applies to:
Pools which are:
in-ground
indoor (excluding bathroom spa-baths)
above ground
inflatable and relocatable
Wading pools holding 300mm (30cm) of water
Hot tubs/spas
Who can install pool safety barriers?
In Tasmania, installation of pool safety barriers must be:
performed by a licensed builder and
overseen by a licensed building surveyor
Pools and spas which don't require a barrier
Pools and spas (including inflatable) which hold less than 300mm (30cm) of water
Indoor spa-baths (bathroom spas which are emptied after each use)
Domestic baths emptied after each use
Birdbaths
Fountains
Water supply and storage tanks
Fish ponds
Dams
Inflatable and relocatable pools
Inflatable and relocatable pools which hold a depth of water of 300mm (30cm) or more must be enclosed by a compliant barrier. An owner may install the pool only after a safety barrier is installed and checked by a licensed building surveyor.
Who has to maintain a pool safety barrier?
Maintaining a pool safety barrier is the owner's responsibility. Owners should check:
gates are self-closing correctly and not propped open
latches on gates work correctly
items/furniture are not placed against the barrier to enable climbing (including on neighboring property)
landscaping does not allow climbing
openings in the barrier have not increased due to movement of the ground or barrier
the barrier remains structurally sound
Pools installed before 1994. Do they require a pool safety barrier?
It is recommended that owners of pools built before 1994 install and maintain a pool safety barrier to protect themselves and the community.
Related information
Staying safe around pools and spas - installing pool safety barrier
All swimming pools or spa pools must have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool.
If you are a property owner and are selling a property with a swimming pool or spa pool built before July 1993 you must make sure that the safety barrier meets today's standard for new pools. Fencing must be constructed in such a way to make sure that:
the fence is an effective barrier to young children
it is permanent
young children can't crawl under or climb over it by using foot and hand holds
it is at least 1.2 metres high
any boundary fences used as part of the child-safety barrier are at least 1.8 metres high on the side that faces the pool, with a 900 millimetres non-climbable zone at the top inside of the fence, a boundary barrier may be climbable on the neighbour's side.
Gates to the pool area must:
swing outward from the pool area
be self-closing from any position
be fitted with a latching device, out of reach of small children, at least 1.5 metres above ground level.
Hard covers on spas
Child-resistant hard covers cannot be used as safety barriers in place of a fence for above-ground spa pools because:
there are no current regulatory standards for spa pool covers
when the cover is off the spa pool there is no barrier.
Filtration
In-ground or above-ground swimming pools and spa pools must have a water re-circulation and filtration system that complies with Australian standards. This is to reduce the risk of a young child being trapped by suction or hair entanglement.
Maintenance
As a swimming pool or spa pool owner you must make sure that all required pool safety features are maintained in working order at all times. Gates should never be propped open and it is very important that a gate closes and latches every time it is opened.
Development approval for a new pool
Development approval is required for a new swimming pool, spa pool and safety fencing. Your local council will check:
the details and location of safety barriers
the safety of the pump
the adequacy of structural support for the swimming pool or spa pool.
Fencing must be installed before a new pool is filled with water.
Above-ground or inflatable pools and 'portable' spa pools
If the swimming pool or spa pool has a filtration system you will need to:
ensure safety features are in place.
The sides of an above-ground pool can be a suitable safety barrier if :
they are non-climbable and are at least 1.2 metres high
a barrier is placed around the ladder (even if it is removable)
a barrier is placed around anything else that can be climbed on.
Installing a portable pool or spa on a deck
You should seek the advice of an engineer or from your local council if you are thinking about installing a portable swimming pool or spa pool:
on a deck
on a balcony
on a suspended floor
near a retaining wall.
They are able to check that the deck or wall can safely take the weight of the swimming pool or spa pool.
Legal obligations when selling a house with a swimming pool or spa pool
Pools built before 1 July 1993
If you are selling your property with a swimming pool or spa pool, you are responsible for making sure that current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers.
If the property where a swimming pool or spa pool is located is not for sale, the pool can continue to comply with the old Swimming Pools Safety Act 1972 (20.6 KB PDF) . The Act requires a swimming pool or spa pool owner to ensure that the pool is enclosed by a fence, wall or building to restrict access by young children.
If the property is sold after 1 October 2008, the child-safety barriers must comply with Minister's Specification SA 76D (298.1 KB PDF) before settlement. This means that barriers must be installed to separate the pool area from the house where ever possible.
The revised Minister's Specification SA 76D took effect on 15 May 2014 by notice in the Government Gazette and only applies to prescribed swimming pools and spa pools as defined in section 71AA of the Development Act 1993.
Pools built on or after 1 July 1993
Swimming pools or spa pools built on or after 1 July 1993 must comply with the rules that were current when the application for construction was submitted. This includes the provisions of the Development Act 1993 and the Building Code of Australia to restrict access to the pool from the house, garage, street and any adjoining properties.
Getting a pool inspected
Only council officers have legislative authority under the Development Act 1993 to enforce requirements for swimming pool and spa pool safety.
New pools
Since 1 April 2014, new swimming and spa pools must be inspected by council within 2 months of the completion of the permanent, approved child-safety barriers. Further advice on the inspection requirements is available in Advisory Notice 07/13 Council inspections of new swimming pools.
Find your local council on the Local Government Association of South Australia website.
Existing pools
You are not required under the Development Act 1993 to have an existing swimming pool or spa pool inspected for compliance. There is also no requirement to have an inspection when selling a property with an existing swimming pool or spa pool.
Should you decide to have your pool inspected it is recommended that you use a private certifier to undertake the inspection of pool safety barriers and certify (or otherwise) compliance as they possess the appropriate qualifications, experience and professional indemnity insurance to perform this function. Private certifiers subject to Condition C cannot perform this function.
For an alternative version of the documents on this page contact Building Policy services.
Knowing CPR can save lives and can help to reduce serious water related incidents.
CPR signage placed in the pool or spa area is not only a good way to constantly remind you of what to do in the event of an emergency but it is a legislated requirement in many states of Australia.
In January 2016, the Australian Resuscitation Council (ARC) released the Australian and New Zealand Committee on Resuscitation (ANZCOR) Guidelines for Cardiopulmonary Resuscitation (CPR). Signage setting out pool safety and CPR is legislated in NSW and Queensland. Whilst not legislated, all other jurisdictions actively observe the ANZCOR guidelines and CPR signs are installed in all pools and spas.
Compliant CPR signs detail the DRSABCD first aid method.
D Danger? – Check for danger to yourself, the patient and bystanders.
R Response? – Check the patient for response by talk (i.e. ask name) and touch (i.e. squeeze shoulders).
S Send for help – if unresponsive send for help by calling triple zero (000). Stay with the patient until qualified personnel arrive.
A Airway – open airway and ensure it is clear. If not, roll the patient onto their side and clear the airway.
B Breathing – Check for breathing (look, listen and feel). If the patient is not breathing normally then start CPR.
C CPR – Start CPR (30 chest compressions: 2 rescue breaths) and continue until help arrives or patient recovers.
D Defribulator - Apply if available and follow prompts.
The relevant Australian Standard for spa pools in a private setting is AS2610.2 – 2007 Private Spas.
Under these Standard suppliers of spa pools must provide the following information to the purchaser:
A recommendation that owners of spa pools learn a recognized resuscitation technique.
Safety rules for the use of the spa pool which should include the following:
Spa Pool Safety Rules
This spa pool is a heated water environment and if you are concerned that it may adversely affect you it is your responsibility to seek medical advice.
NEVER PUT HEAD UNDER WATER.
Children under 10 years should be under the active supervision of a person 16 years or older whilst in spa pool area.
Do not use the spa pool area while under the influence of drugs or alcohol (certain medications may produce adverse effects).
It is safer not to use the spa pool alone.
It is recommended that you use the spa pool for no longer than 15 minutes at a time.
Note: Spa pools used in commercial environments rely on AS2610.2 – 2007 Public Spas.
All Australian swimming pools and spas must comply with Australian Standard AS1926.3 - 2010 Swimming pool safety - Water recirculation systems.
South Australia has introduced a state specific variation to the standard which is mandatory to ensure compliance in that state.
This standard is all about the safe circulation of water throughout the pool and/or spa via the pump and outlets to ensure the possibility of injuries that may be caused by mechanical, body, limb and hair entrapment are minimised.
The technical requirements within the standard ensures the safety of pool and spa users by reducing the possibility of injuries occurring that may be caused by mechanical, body, limb and hair entrapment via the pool and spa suction outlets.
The backyard swimming pool is an Australian icon that for many years has provided good times and healthy recreation for people of all ages.
While swimming pools allow us to get together with our friends and family to share fun, fitness and relaxation, they can also pose a risk. There are some easy to remember rules that need to be followed to ensure the safe use of swimming pools and spas at all times. SPASA recommends these safety guidelines be followed always:
Make sure your pool or spa has compliant fencing or in NSW childproof locking on the spa.
Always remember that a swimming pool fence is not a substitute for supervision.
Supervise children at all times around water. If you need to leave the pool or water area, even for a moment, take the child with you.
Familiarise children with water by taking them to swimming lessons at the local pool.
Display a resuscitation chart on your pool fence and take a CPR course so you will know what to do in an emergency.
Most backyard pools are too shallow for diving. Place “No Diving” signs prominently around your pool.
Don’t leave furniture or other items accessible that children can climb on near your pool or spa fence.
Be aware that hair, bathing suit strings and tassels or body parts can become entangled in an improperly covered drain or suction point.
Empty paddling pools, baths, basins, sinks and troughs when they are not in use.
Alcohol and swimming don’t mix. Never drink around water.
Australian Resuscitation Council (ARC): www.resus.org.au
Royal Life Saving Society of Australia (RLSSA): www.royallifesaving.com.au
NSW – Office of Local Government: www.olg.nsw.gov.au
QLD - Queensland Building and Construction Commission: www.qbcc.qld.gov.au
SA – Department of Planning, Transport & Infrastructure: www.sa.gov.au
Tasmania - Consumer Affairs and Trading: www.consumer.tas.gov.au
WA - Australia Department of Commerce: www.commerce.wa.gov.au
NT - Government information and services: www.nt.gov.au
VIC - Victorian Building Authority: www.vba.vic.gov.au
ACT – Environ, Planning & Sustainable Development Directorate: www.planning.act.gov.au
Australian Competition & Consumer Commission: www.accc.gov.au