Victorian Pool Fencing Regulations.

The requirements appear in regulation 5.13 of the Building Regulation 1994.
5.13 Safety of existing swimming pools.
APPLICATION OF THE REGULATIONS
(1) This regulation applies to any swimming pool-
(a) on an allotment containing a Class 1 dwelling; and
(b) capable of containing a depth of water exceeding 300mm; and
(c) constructed or for which building approval was granted prior to 8 April.
Comment to sub-regulation (1)
This regulation applies to any swimming pool or spa on a property where a house is situated and the swimming pool or spa contains water 300mm deep or more and was approved or constructed before 8 April 1991.
A swimming pool is defined as any excavation or structure containing water and used primarily for human aquatic activities including swimming, wading, paddling or the like including a bathing or wading pool or spa.
The definition includes above-ground pools and indoor pools.
Excluded from this definition are temporarily erected children's paddling pools and domestic spa baths (which are emptied after each use).

PREVENTION OF ACCESS
(2) Suitable barriers must be provided to restrict children under the age of 5 years from gaining access to the part of the allotment or building containing a swimming pool from -
(a) the Class 1 building and any appurtenant Class 10a buildings; and
(b) the allotment boundaries; and
(c) any other part of the allotment or building
description Class 1 building refers to a single house, one or more attached dwellings including a row house, a terrace house, a town house or a villa unit as well as a boarding house, guest house, hostel or the like, not exceeding 300m2 in area and accommodating not more than 12 persons.
The description Class 10a building refers to a non-habitable building or structure being a private garage, carport shed or the like.
The owner or purchaser of the house is responsible for complying with the regulations.
The next step is to determine the extent of the area of the property in which the pool is situated, In most cases this will closely resemble the property layout covered in this diagram.

 

 

 

REQUIREMENTS FOR THE BUILDING ELEMENTS WHICH DEFINE THE POOL AREA
(3) A wall of a building satisfies sub-regulation (2) if -
(a) every door in the wall is fitted with a self-locking or self-latching device at least 1.5m above the internal floor level, and
(b) the open able part of any window in the (i) Is not less than 2.4m above the ground or the paving immediately external to the window; or
(ii) Is not less than 1.5in above the floor of the room containing the window; or
(iii) Has a catch, bolt or lock located not less than 1.5m above that floor level; or
(iv) Has a securely fitted fly screen.
(4) Fences and Gates complying with AS 1926. Part 1 - 1993 Fencing for swimming pools, satisfy sub regulation (2)
(5) A paling or imperforate fence satisfies sub-regulation (2) if -
(a) It is at least 1.5m in height measured above ground level on the approach side; and
(b) Any gate in the fence is fitted with a self-locking or self-latching devise located not less than 1.5m above the ground level.
Comment to sub-regulation (3) All of these elements constitute the barriers which could be "suitable"; that is, "which prevent the access of young children to the immediate pool surrounds".

 

Location
The location of the pool determines what safety measures are required.
There is no restriction regarding the location of the swimming pool or spa. They may be outside a building or contained within a building. They may be in front of a dwelling but more usually they are located in the backyard of a property.
If the swimming pool is located at the front of the dwelling or on the front corner of an allotment , then the construction of some fences may require a building permit if their height falls outside the exemptions for fences of certain heights. In this case these fences must comply with the performance measures contained in Vic Code 1 as enunciated in regulation 4.4 of the Building Regulation 1994.

 

 

 

Walls
Walls of buildings on the property may be in such a location in relation to the swimming pool that they form a barrier: eg. the wall of a garage or shed or the wall of the house.

Doors
Doors in these walls must be fitted with self-locking or self-latching devices. This requirement applies to the door and any accompanying screen door.
Where the pool is inside a house any door opening directly into the room containing a swimming pool or spa must also comply with this provision.
Any gate opening into a pool area such as the one in a fence constructed between the property boundary and the side of the house must be at least 1.5m high and must be fitted with a self-locking or self-latching device located not less than 1.5m above ground level.
A self-latching device is a device which will automatically operate on the closing of a door (or gate) and will automatically operate a latch on the closing of a door (or gate) and will prevent it from being re-opened without being manually released.
An example of a self-latching device which is available in hardware stores is generally described as a gate latch with the moving part in a variety of shapes such as half-circle or v-shaped. A self-locking devise comprises a latch which is automatically activated on the closing of the door (or gate) together with a locking devise which is manually operated. An example of a self-locking devise is a deadlock which latches when the door is closed and the lock is manually activated by a snib or key. The lock and the latch are released manually.
Door hardware manufacturers provide a range of products which are either self-latching or self-locking for swing doors.
For sliding doors the selection of an appropriate devise depends upon the weight and size of the door.
An example of a self-latching devise for a sliding door is a deadlock, the bolt of which automatically latches the door when the door is closed. The deadbolt is locked or unlocked with either a key or snib.

Gates
Any gate opening into a pool area such as the one in a fence constructed between the property boundary and the side of the house must be at least 1.5m high and must be fitted with a self-locking or self-latching devise located not less than 1.5m above ground level.
Windows
Open able windows are not required to be fitted with any protective devices if they are above the height indicated in the following diagrams:
Open able windows that do not meet the requirements shown in the diagrams must either be fitted with a catch, bolt or lock located not less than 1.5m above the floor level or be fitted with a securely fixed flyscreen.
Balconies
Where a balcony projects over a pool area and where the distance from the floor of the balcony to the level of the pool surround is less than 2.4m and where the doors and windows opening onto the balcony do not comply with the provisions of sub-regulation (2) and (3) the balcony must be fitted with a balustrade which complies with the requirements for a fence.
Comment to sub-regulations (4) & (5) What are the characteristics of a fence which provides a suitable barrier?
Height - The height of the fence must deter young children from climbing.
A barrier of sufficient height will deter most children in this age group. A fence built in accordance with the Australian Standard only needs to be 1.2m high whereas allotment fencing, generally a paling fence, needs to be 1.5m high.
This is its usual height.

Aspects of a fence which need to be considered.
In order to meet the requirements of the regulations an allotment fence need only meet the requirements that it be 1.5m in height and be imperforate. In order to be imperforate the fence must be in good repair so that a child cannot pass through the fence.
The following comments on aspects of any fence which gives access to the pool surrounds may be considered in the interests of providing a higher level of protection for young children.

 

 

Gaps
If a fence has gaps they should be of such a size that a young child is prevented from slipping through but the gaps also need to have dimensions such that any part of a young child's body cannot be trapped.

Hand and foot holds
 

Standard paling fences are constructed with horizontal rails. If the rails are located on the approach side of the fence a young child may gain access to a swimming pool by utilising the rails as hand, toe or foot holds.
Pool owners may wish to adopt the following strategies if they are concerned to provide an extra barrier to prevent access to the pool area.
If the rails are less than 900mm apart, which is a height which can be scaled by young children then the rails may be treated so that they do not provide a hand, toe or foot hold for young children.
This may be achieved by either fixing fillets to the rails thus eliminating the rails as a hand, toe or foot hold,
or
by covering the fence, including both the intermediate and bottom rails, with wire mesh with apertures not more than 13mm. The height of such a fixture from ground level will probably be at least 1.2m high in most situations.
In some situations the solution may be to use a combination of allotment fencing and other fencing to isolate the pool from the remainder of the property.
There is a wide variation in existing situations so there may need to be alternative solutions devised in order to provide a safe environment. The regulations prescribe minimum requirements.

IT IS IMPORTANT TO KNOW THAT ANY WORK UNDERTAKEN INVOLVING A BOUNDARY FENCE NEEDS TO BE NEGOTIATED WITH YOUR NEIGHBOUR.
EXEMPTIONS TO THE PROVISIONS
(6) The municipal building surveyor may exempt a swimming pool from the requirements of sub-regulation (2)(b) and (2)(c) if
(a) it is located on an allotment having an area of not less than 2ha; and
(b) the access to the swimming pool from the allotment boundaries is restricted to the satisfaction of the municipal building surveyor.
Comment to sub-regulation (6)
In this situation only doors, gates or windows to a house or out building which open directly onto the pool area will need to comply.
Circumstances which might support their exemption are where there is a longer distance, say more than 200m from any neighbours house and from the street frontage to the swimming pool or where the distance might not be so great, but there are natural barriers between the pool and the neighbours house of the street frontage.

PRIVATE BUILDING SURVEYOR CAN ADMINISTER THIS EXEMPTION.
COMPLIANCE
(7) This regulation must be complied with -
(a) within 3 years of the date of commencement of this regulation; or
(b) if a contract of sale for the allotment is entered into after that commencement, within 30 days after
(ii) in the case of a contract other than a terms contract (as defined in section 2 of the Sale of Land Act 1962), the date of the completion of the contract; and
(ii) in the case of a terms contract, the purchaser becomes entitled to possession or to the receipt of rents and profits under the contract-whichever is earlier.
(8) This regulation must be complied with by-
(a) in this case of a swimming pool on an allotment being purchased under a term contract (as defined in section 2 of the Sale of Land Act 1962) under which the purchaser has become entitled to possession or to the receipt of the rents or profits, the purchaser of that allotment; and
(b) in the case of a swimming pool on any other allotment, the owner of the allotment.
Comment to sub-regulations (7) & (8) In this situation an agreement needs to be reached, if the swimming pool does not comply with the requirements of the regulations, as to whether the vendor or the purchaser is to be responsible for ensuring that compliance with the regulations relating to swimming pools or spas on the property is achieved.
If the vendor undertakes this responsibility then the safety measures applied must be in place at the time of the completion of the contract of sale unless there is an measures to be in place within 30 days of completion of the contract of sale.
If the purchaser undertakes this responsibility then the measures have to be in place within 30 days of the completion date of the contract of sale.

 

 

 

PENALTIES
(9) Any person who fails to comply with this regulation is guilty of an offence and liable to a penalty not exceeding 5 penalty units.
Comment to sub-regulation (9) Five penalty units is $500.00

OTHER CONSIDERATIONS
Above-Ground Pools
The walls of many above-ground pools are lower than the height required for a safety fence described in AS 1962.1 (1.2m). Features such as decking, wall bracing, ladders, filters etc. may reduce the effectiveness of the barrier formed by the wall of the pool. There is also the danger that a young child, having climbed the pool wall can fall directly into the pool. In the case of these pools if the pool wall does not provide a sufficient barrier then a fence at least 1.2m high constructed in accordance with AS1926.1 or a paling or other imperforate fence at least 1.5m high may be required to provide a barrier.
Such a fence may not be required to be located around the full circumference of the pool, but located so that ladders, bracing, etc cannot be accessed by a young child.

Pool Covers
Covers for swimming pools and spas are available in various types to keep dust and leaves of the pool and retain heat. Pool covers are not considered to be a suitable barrier.
Warning Devises and Alarms
Warning devises and alarms do not provide a barrier to the entry to the pool by young children nor do they provide any security at all if there is no person around to respond to an alarm. They can only be used in conjunction with a barrier and not as a substitute.

WHAT TO DO WHEN WORK IS DONE
All pool owners need to ensure that the safety measures they have in place are adequately maintained.
A maintenance regime should be established so that all the safety measures are operating satisfactorily, particularly in the period leading up to the summer, by ensuring that all maintenance has been completed by this period of the year.
As no building permit is required to carry out this work there is no requirement inform the council or any other authority when the work is completed,
However, if a pool owner wishes to seek assurance that the work complies with the regulations he/she they may ask the municipal building surveyor or a private building surveyor for a letter which confirms that the work carried out complies with the regulations.

After July 1 1997 a municipal building surveyor or his delegate may visit your property at any time to ascertain if safety measures for your swimming pool or spa are in place and adequately maintained. Failure to have complying safety measures installed may result in a fine being imposed on the property owner.
As well as complying with the building regulations it is expected that pool owners will acquire first aid resuscitation knowledge so that they can act in the case of an emergency associated with s swimming pool or spa.
Pool owners are also encouraged to have resuscitation instructions visible near their swimming pool or spa so that first aid can be administered