Swimming Pool Conditions
SWIMMING POOL BALUSTRADING COMPLIANCE
Ref: AS 1926.2 - 1995
(Constructed or installed after 1st August 1990)
(A) The act requires the owners of premises on which a swimming
pool is situated to ensure the swimming pool is surrounded by
a child resistant barrier. The Barrier must separate the pool
from any residential building (dwelling, garage, shed, etc) and
from any adjoining property.
(B) The barrier must meet the requirement of AS 1926 of 1986.
Perimeter (boundary) fencing is permitted.
Refer diagrams attached which illustrate the requirement.
There are exemptions for pools on very small properties (less
230m² in area), large properties (greater than 2 hectares
approximately 5 acres) and waterfront properties (see item D following
Spa pools are not required to be fenced so long as access is
a child resistant device.
EXISTING SWIMMING POOLS
(Constructed or installed before 1st August, 1990)
Swimming Pools Act 1992
For existing swimming pools situated on typical size residential
allotments (ie. Not on properties over 2 hectares in area, not
on properties less than 230m² in area, and not on waterfront
allotments), two options have been provided to restrict access
by children to existing pools:-
The pool may be surrounded by child-resistant fencing complying
with Australian Standard 1926 of 1986 – perimeter (boundary)
fencing is permitted
Child-resistant fencing may be used to separate the pool from
any neighbouring properties. Instead of fencing between the house
and the pool, child-safe windows and doors can be used to restrict
access to the pool from inside any residential building on the
property (diagram 3,4, or 5)
Definition of “Child-Safe”
(a) in the case of a door, being of substantial construction
and (when the door is locked, latched, bolted, chained or otherwise
secured) having no opening below 1.5 metres above finished floor
level (either in the door or between the door and the doorway)
through which it is possible to pass a standard test bar of 105
millimetres in diameter; and
(b) in the case of a window, being of substantial construction
and being fixed (by means of a keyed locking device or other child-resistant
device) that it has no opening through which it is possible to
pass a standard test bar of 105 millimetres in diameter; and
(c) in the case of a wall, being of substantial construction,
having vertical sides and having a height of at least 1.2 metres
and (in case of a wall which has above its top a gap of 105 millimetres
or more) having no footholds wider than 10 millimetres within
1.1 metres of the top of the wall’ and
(d) in any other case, being of substantial construction and
having no opening through which it is possible to pass a standard
test bar of 105 millimetres in diameter.
How is access to be restricted from a residential building
(dwelling, garage, etc) to a swimming pool?
(1) In relation to each doorway giving access to the swimming
(a) The door (or, if there is a security door in addition to
another door, either of those doors) must be a child-safe door
and must be kept child-safe by means of a lock, latch, bolt, chain
or other child-resistant device located at least 1.5 metres above
finished floor level; and
(b) There must not, on the door or on the door frame, be any
footholds wider than 10 mill
(2) A lock, latch, bolt, chain or other child-resistant device
located less than 1.5 metres above finished floor level is taken
not to be a foothold for the purposes of subclause (1)(b).
(3) In relation to each window giving access to the swimming
Swimming pools located on very small properties (less than 230m²
in area), large properties (greater than 2 hectares in area –
approximately 5 acres) and on waterfront properties, are exempt
from providing child-resistant fencing provided that doors and
windows from any residential building on the site are at all times
restricted as referred to above. On large and on waterfront properties,
a residential building does not include a reference to a garage
or shed provided that the structure itself is not being used for
residential purposes (refer to diagrams 6 and 7 to illustrate
the barrier alternatives on large and on waterfront sites.
Indoor Swimming Pools
The means of access to an indoor pool is to be restricted as
indicated in item “C” on the previous page.
A spa pool is not required to be surrounded by a child-resistant
barrier so long as access to the water contained in the spa pool
is restricted as follows:-
The spa pool must be covered or secured by a child-safe structure
)such as a door, lid, grille or mesh) that is fastened to the
spa pool by a child-resistant device (lock, latch, bolt, chain,
(i) Upon application made by the owner, accompanied by a $50
feed, Council may grant an exemption from barrier requirements
that are impracticable or unreasonable in particular cases.
(ii) Upon application made by the owner, accompanied by a $50
feed, Council must issue a certificate of compliance if the swimming
pool complies with relevant parts of the Act.
(iii) Owners must comply with the new barrier requirements by
1st January, 1993.
FACTORS TO BE CONSIDERED IN FENCING LOCATION
The distance of fencing from the pool should take into consideration
a safety margin sufficient to discourage diving and jumping from
the fencing into the Pool. The fencing should not be located so
close to the pool that adults will be discouraged from making
use of the area within the fencing while supervising children
in the pool.
The possibility that the compliance of boundary fences used as
pool safety fences may be compromised by actions taken by adjoining
property owners should be taken into consideration.
Where possible, tool sheds, garages, barbecues and clothes lines
should be located outside the pool area to reduce the like hood
of self-closing gates being propped open in order to gain access.
Wherever a young child is inside a pool area, constant supervision
is essential. Increasing the area and utilities inside the pool
area may increase this responsibility.