The construction and securing of residential swimming pools in Australia falls under Australian Pool Fence Regulations. The regulations vary depending on the type of pool, such as a concrete swimming pool, and the jurisdiction. This guide to Australian pool fence regulations walks with residential pool owners in creating barriers to prevent pool accidents and for compliance.
Regulations for Safe Pools
Property owners should keep their property free from hazards for occupants, visitors, and trespassers.
The laws guiding pool safety are classified and applied as follows:
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Standards and Jurisdiction
The laws for pool fencing are captured in AS818, AS1926, and AS2820. The current applicable legislation is the Australian Standard AS1926-2012, which applies in Victoria, Tasmania, South Australia, and NSW. In those regions, this law called the standard is referred to as the Building Code of Australia.
Most jurisdictions except Queensland have several standards, though. Some are new standards, while others are updated versions of pre-existing ones. Queensland, for instance, has its own standard, which is a blend of the state standard QDC MP 3.4 and AS 1925-2007.
Pool owners comply with the standards they adopted during their pool construction. Where the pool undergoes changes that affect its barrier, the owner complies with the most recent applicable standard.
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Exemptions to the Standard
The national standard gives a leeway in its application in some situations, such as the following:
- When the BCA is a variation of the standard applicable in a particular jurisdiction, the pool owner does not have to adhere to the national standard.
For example, in NSW, spas are offered the option of a lockable lid instead of pool fencing. The lid remains locked when the spa is not in use, and the owner must appoint a specific person to operate the lid.
Also, the variations to the NSW version of the standard prohibit the use of an out-of-ground wall as a pool barrier. These NSW exemptions do not apply in other territories. In such jurisdictions, the standard makes spa pool fencing mandatory and allows the use of a pool’s out-of-ground wall as pool fencing.
- When there are legal exemptions in the application of the standard, local councils in NSW, Western Australia, and Queensland can approve alternative barriers as long as they provide the level of safety required by an AS1926.1 barrier.
- In some jurisdictions, pools located on specific types of properties are exempt. In NSW, the standard has historic exemptions for waterfront properties. The Tasmania standard only includes pools constructed from November 1991. The Northern Territory law does not apply to pools built before January 1, 2003. Similarly, the ACT exempts pools built before 1970.
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Type and Use of the Pool
There are many pool variations, but standard safety laws require the owner to take responsibility for ensuring the safety of all people exposed to the facility. The bottom line with all the standards and their variations is that the law requires the securing of backyard pools.
The law defines a pool as a structure that can hold at least 300 mm of water and serve for water activities, including swimming. That description, therefore, covers inflatable, concrete, temporary, fiberglass, and above-ground pools as well as spas.
Pools should have a child-resistant barrier and be in good working condition. The law also requires the registration of residential swimming pools and spas. The online pool registration site provides a checklist for owners to assess their pools for compliance.
Conclusion
Regulations evaluate the safety compliance of structures that hold enough water for swimming and water activities. Besides barriers, pool owners and residents should supervise activities around and, in the pool, to avoid regrettable accidents and incidents. They should also install other relevant safety features, such as surveillance cameras and adequate lighting.
