FACT FILE

Swimming Pools & Spas

(Constructed prior to 1991)

OVERVIEW

Under new controls in the Building Regulations 2006, it is now a requirement that all swimming pools and spas have a pool safety barrier. There are different requirements as to how the barrier is constructed depending on when the pool was built. If your pool or spa was constructed before 8 April 1991 this Fact File is relevant to you. However, if your pool or spa was constructed after 8 April 1991 you should refer to the Swimming Pools/Spas Constructed After 8 April 1991 Fact File.

Regulations 703, 704 and 705 of the Building Regulations 2006 define a barrier for a pool that was constructed prior to 8 April 1991 as:
• An existing dwelling wall (including windows and doors)
• A fence
• A gate
• A screen
Any of the above options may be used, provided they comply with the following:

Existing Perimeter Fencing (ie. timber paling with no gaps)
• Must be a minimum height of 1.5m, measured at any point along the fence from ground level (on the approach side).
• If the perimeter fence is not paling, it must be imperforate. This means the fence has no openings and must also be a minimum height of 1.5m, measured at any point along the fence from ground level (on the approach side).

INTERNAL ISOLATION FENCING (IE. ALUMINIUM, STEEL OR TIMBER PICKET FENCING)

• Must be a minimum height of 1.2m.
• Maximum gap underneath fence 100mm.
• If the space between horizontal cross rails is greater than 900mm, the space between vertical pickets may be up to a maximum of 100mm (See Diagram 1).
• If the space between horizontal cross rails is less than 900mm, the space between vertical pickets cannot be more than 10mm (See Diagram 2).
• Where a pool isolation fence meets existing fencing it must be protected to a distance of 1.2m on the outside of the pool fence and 300mm inside the pool fence.


Gates in Isolation Fencing
• Gates for this style of fencing are constructed the same as the fence itself. Gates must be self-closing and have a self-latching or self-locking device located at a minimum of 1.5m above ground level (measured on the approach side).
• Gates used in internal isolation fences MUST open outwards from the pool enclosure.
Gates in Imperforate Fencing
• Must be a minimum of 1.5m high as per the perimeter fencing.
• Must be self-closing and self-latching with a latch height of 1.5m minimum, measured from ground level (approach side).
Doors (leading into a pool enclosure)
• Must be self-closing and self-latching with a latch height of 1.5m minimum, measured from the internal floor level.
Windows (facing into a pool enclosure)
• Must have a catch, bolt or lock located at a minimum of 1.5m above the internal floor level, OR
• Be restricted from opening more than 125mm, OR
• Have a securely fitted flyscreen (ie. screwed into position, minimum 4 screws)

Having installed the pool barriers, it is necessary to ensure that all parts are well maintained. The following provisions have been introduced to ensure that swimming pool and spa barriers are maintained in good working order and compliant with the Regulations.
1220. Swimming pool safety maintenance and operation
(1) The occupier of an allotment containing a swimming pool or spa appurtenant to a Class 1, 2, 3, 4 or 10 building must take all reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or fly screen restricting access to the swimming pool or spa is maintained and operating effectively at all times.
(2) The occupier of an allotment described in sub-regulation (1) must take all reasonable steps to ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is in the closed position except when a person is in the act of entering or leaving the part of the allotment containing the swimming pool or spa.
(3) A person who enters or leaves the part of a building or allotment containing a swimming pool or spa must ensure that any gate or door forming part of a swimming pool barrier or fence that provides access to the swimming pool or spa is closed at all times, except when that person or another person is in the act of entering or leaving that part of the building or allotment.
In each of these instances there is a $5,000 penalty for non-compliance.

WHO OWNS THE POOL OR SPA?

The Building Regulations 2006 define the Owner of the Pool or Spa as:
(a) In the case of a swimming pool or spa on an allotment being purchased under a terms 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 and profits, the purchaser of that allotment; and
(b) In the case of a swimming pool or spa on any other allotment, the owner of that allotment.

WHERE TO FROM HERE?

For further information please contact Customer Service on: 1300 850 600 or 5950 1000.

Swimming Pools and Spas Prior 1991 20121105 - EPACS - Obj ID A4350895