Pool and spa safety barrier inspections

Compliant and properly maintained pool and spa barriers that restrict access to private swimming pools and spas can save lives. That’s why Victoria’s pool and spa safety regulations were strengthened in 2019.

Registered building surveyors, building inspectors and pool inspectors (referred to as ‘inspectors’ on this web page), are reminded of their obligations when conducting pool and spa safety barrier inspections.

This web page addresses boundary fences used as part of a pool and spa barrier and guidance about applicable safety barrier standards, strength and rigidity standards, pool and spa safety barrier ownership responsibilities, the process to follow after an inspection and your duty of care.

Applicable safety barrier standards

Before each pool and spa inspection, inspectors are required to understand the applicable barrier standard and apply the correct compliance requirements and standards.

The applicable barrier standard of a pool and spa safety barrier is based on the construction date of the pool or spa.

It is the responsibility of the council to determine the applicable barrier standard based on its records and registers.

This information must be included on a council’s pool register and it should be included in the notice of pool registration issued by the council.

The inspector is required to ensure compliance with the applicable barrier standard determined by council in the registration notice.

Strength and rigidity standards

There are different strength and rigidity standards that apply to boundary fences, depending on the applicable barrier standard.

The applicable barrier standard impacts on the testing requirements applicable.

For pools and spas constructed after 2012, the strength and rigidity requirements for timber fences, such as paling fences, are outlined in AS1926.1-2012 3.3.1.

Structural components, such as panel infills, top and bottom rails, rods, palings, pickets and the like, shall be capable of sustaining a force of 330N without any component breaking, showing signs of fracture, or loosening to the extent that the effectiveness of the panel is impaired or becoming permanently deformed.

A strength test for rigid barrier components is required and outlined in Appendix C of AS1926.1-2012.

If any part of the fence fails the test, the owner must be given notice to replace or repair the part of the safety barrier that does not have sufficient strength or rigidity.

For pools constructed before 1991, where the applicable barrier standard is Part 9A of the Building Regulations 2018, Regulation 147C does not make it mandatory to comply with AS1926.

In this case, the benchmark for a paling fence is that it is at least 1.5 metres in height, measured above the ground level on the approach side (Regulation 147C, c(i)).

Building Regulations 2018 - Reg 147C

Requirement for barriers

The owner of the land on which a swimming pool or spa is located must ensure that one or more of the following barriers are in place to restrict access to the part of the land on which the swimming pool or spa is located—

(a) a wall of a building, but only if—

(i) any door or gate in the wall complies with regulation 147D; and

(ii) any openable part of any window in the wall complies with regulation 147E;

(b) a fence and gate complying with AS 1926.1—1993 Swimming pool safety Part 1: Fencing for swimming pools, published 26 July 1993 as in force or as issued from time to time;

(c) a paling or imperforate fence if—

(i) it is at least 1·5 m in height measured above the ground level on the approach side; and

(ii) any door or gate in the fence complies with regulation 147D. Penalty: 50 penalty units.

Under Regulation 147F, it is the responsibility of the pool owner to take all reasonable steps to ensure the barrier restricting access to the pool is properly maintained.

Penalties apply if this does not occur.

Building Regulations 2018 - Reg 147F

The owner of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa is properly maintained.

Penalty: 50 penalty units.

The table below provides a guide to the standard applicable to the date of construction. However, you must check with the council pool register to determine the required maintenance standard applicable to the safety barrier of the pool and or spa to be inspected.

Pool and spa safety barrier ownership responsibilities and shared boundary fencing

It is the pool or spa owner's responsibility to ensure the pool and spa safety barrier is maintained, fulfils its purpose and continues to achieve compliance for the life of the pool and spa.

Careful attention should also be taken where the safety barrier relies on a shared boundary fence with an adjoining owner. This does not become a shared responsibility with the pool owner’s neighbour.

The adjoining owner is not responsible for the compliance and maintenance of the shared fence that the pool and spa owner is relying on as a pool safety barrier.

This is the sole responsibility of the pool and spa owner to ensure the safety barrier is properly maintained.

An inspector should not issue a Form 23 Certificate of pool and spa barrier compliance if there is any doubt about fence compliance following an inspection.

Process to follow after an inspection

Following an inspection, if it is determined the pool or spa barrier does not meet the applicable standard, inspectors must give the owner a notice in writing to allow them to achieve compliance.

Within 60 days of the inspection, the inspector must form an opinion to issue either a:

• Certificate of pool and spa barrier compliance (Form 23)

or

• Certificate of pool and spa non-compliance (Form 24)

Depending on the nature of the non-compliance, and in circumstances where the inspector determines the condition of the safety barrier poses a significant risk and/or is not satisfied that progress is being made towards achieving compliance, they are encouraged to issue the Form 24 immediately.

Duty of care

It is strongly recommended the inspector considers the four-year cycle of compliance when undertaking a ‘point in time’ compliance inspection of the pool and spa safety barrier.

Key factors that form part of an inspector’s consideration are the condition and durability of the barrier in relation to the rigidity/structural requirement and any signs of wear and tear or dilapidation that may contribute to a foreseeable non-compliance within the next four years, beyond the necessity of general maintenance.

However, if the inspector believes it is unlikely to expect the barrier will remain compliant over the four-year cycle, unless altered or amended, then this should be reflected in the determination and compliance decision.

It is also important to remember that repairs to a pool safety barrier involving replacement or alterations to posts or footings, either in part or entirety, including a boundary fence, does not attract the exemption under item 22 of schedule 3 of the Building Regulations. A building permit is required for this type of building work. Owners should be provided with this advice.

If the inspector is concerned the pool and spa safety barrier is non-compliant and poses an immediate danger or is a significant risk, they should issue a Form 24 immediately.

If repairs are required to be made to the pool and spa safety barrier, the inspector can issue the owner with an improvement notice. The owner will have 60 days to comply with the notice. If the pool and spa safety barrier is still non-compliant after 60 days, the inspector must issue a Form 24.

This allows the Municipal Building Surveyor (MBS) to take necessary action when considered appropriate, including a Form 25 Barrier Improvement Notice or other appropriate enforcement action.

To facilitate better consumer awareness, it is strongly recommended the inspector provide the pool and spa owner a copy of the Pool and Spa Safety Barrier Self-Assessment Checklists 1-3.

Inspectors are encouraged to keep good records and documentation, including photographs, field notes, records of conversations and pool owner’s receipt of any documentation provided, such as the Self-Assessment Checklists.

More information

We will be promoting the importance of pool and spa safety barriers to consumers and reminding councils of its obligations in the regulatory system.

For more information, please visit the Pool safety barriers consumer web page.