Any excavation or structure capable of containing a depth of water exceeding 300mm and which is principally used for swimming, wading or paddling is classed as a swimming pool.

This includes inflatable pools, temporary pools, concrete and fibreglass inground, above ground pools, bathing or wading pool or spa.

Dams, lakes, fish ponds or fountains do not require the installation of pool safety barriers.

Safety barriers

A barrier refers to a fence, wall, gate or screen as well as to locks, latches and other devices to gates and windows. Pool owners must ensure barriers are in place to reduce the risk of young children gaining access to a swimming pool or spa on their property by either:

• Installing a fence in accordance with the Australian Standard AS1926.1 which prevents access by young children to the part of the allotment or building containing the swimming pool or spa; or
• Ensuring the allotment fence on the property boundary or any other fence around the pool area and any windows in walls used as part of safety barriers comply with Australian Standard AS1926.1.
   

Hard Covers

Hard covers for spas, including lockable types do not comply with Australian Standard AS1926.1 and they still require safety barriers to be provided.
 

Building permits for swimming pools, spas and safety barriers

 A building permit is required for the installation of above ground swimming pools, in ground swimming pools or spas capable of exceeding 300mm in depth of water. A building permit is also required for the construction and/or alteration of any fencing that forms part of a safety barrier for a swimming pool or spa.

Building legislation requires that all swimming pools and spas constructed or with a building permit issued on or after 1 May 2010, must comply with the Building Code of Australia 2010. Please read the following information sheet published by the Building Commisssion. Older swimming pools and spas are required to comply with other specific provisions, depending on their age.

Maintenance of barriers

Once suitable safety barriers have been installed in compliance with Australian Standard AS 1926.1, it is imperative that property owners with swimming pools be aware of their obligations under Regulation 1220 of the Building Regulations 2006 to ensure the swimming pool safety barriers are maintened to fulfil their intended purpose.

The following steps will ensure the safety barriers are appropriately maintained:

•  Maintenance of safety barriers installed including gates, doors (when permitted) and windows to ensure they are still fitted correctly, and still operate correctly. 
• Maintenance of fences to ensure they are still in an appropriate condition and are non-climbable. 
• Maintenance of landscaping to ensure tree branches, pot plants etc. are not able to be climbed by young children to gain access into the swimming pool/spa area. 
• Maintenance of the general area surrounding safety barriers to ensure chairs, boxes, ropes, pool pumps, clothes lines, dog kennels, children’s play equipment etc. do not enable a safety barrier to be climbed by young children to gain access to the swimming pool/spa area. 
• For older pools, periodical inspection of adjoining properties to ensure that, over time, there has not developed potential hazards in the form of climbable objects that may allow access by young children to the swimming pool/spa.
• The occupier of the land which contains a swimming pool or spa and/or any person who enters or leaves the swimming pool or spa enclosure must take all reasonable steps to ensure any doors, gate or other openings forming part of the safety barriers are in the closed position at all times.

Water restrictions

Water restrictions are currently in place across Victoria which affect people wishing to fill a new swimming pool or spa and the emptying and refilling of existing swimming pools or spas. People wishing to fill or refill a swimming pool or spa are required to obtain approval from Yarra Valley Water.

For further information Yarra Valley Water's Water Restriction Team can be contacted on 13 17 21, or you can visit their website: Yarra Valley Water.

Fines

A fine exceeding $5000 could be imposed on any person who fails to comply with the pool and spa safety requirements to provide and maintain compliant safety barriers.

Disclaimer

The information provided regarding the swimming pool and spa safety provisions of the Building Regulations 2006 are intended to be used as a guide or interpretation only and cannot be used for legal purposes. Further information regarding these regulations is available by visiting the Building Commission website.  Always confirm details with your building surveyor.

Regulations and age of pools and spas

Swimming pool and spa safety barrier regulations have changed over time. Different regulations may apply depending on when your swimming pool or spa had a building permit issued for construction or when it was constructed. The cut-off dates are:

• on or after 1 May 2010
• on or after 8 April 1991 but before 1 May 2010
• before 8 April 1991.

Check out thesefrequently asked questions frequently asked questions if you need to find out more about swimming pools.