Information Sheet

Safety Barriers for Swimming Pools & Spa’s

Constructed or Approved Prior to 1 May 2010

TABLE OF CONTENTS

INTRODUCTION 1

DEFINITION 1

PREAMBLE 1

MATERIALS 1

BUILDING PERMITS 2

HEIGHT 2

CLIMBABLE SURFACES INSIDE THE FENCING 3

PALING FENCES 4

GROUND CLEARANCE 5

HORIZONTAL AND VERTICAL MEMBERS 5

GATES 5

DOORS 6

WINDOWS 6

ABOVE GROUND SWIMMING POOLS 7

PERFORATED MATERIAL OR MESH 7

RETAINING WALL OR OTHER SUCH BARRIER 7

BALCONY 8

SWIMMING POOL SAFETY MAINTENANCE AND OPERATION 8

MAINTENANCE CHECKLIST 9

TYPICAL EXAMPLE OF SAFETY FENCING LOCATIONS 9

FREQUENTLY ASKED QUESTIONS 10

FINES 11

USEFUL LINKS 12

Introduction

All swimming pools and spas constructed or approved in Victoria on or after the 8th April 1991 and prior to 1 May 2010 must be provided with safety barriers and fences that comply with Australian Standard AS 1926.1-1993, Swimming Pool Safety Part 1: Fencing for Swimming Pools.

All swimming pools and spas constructed or approved in Victoria on or after the 1 May 2010 must be provided with safety barriers and fences that comply with Australian Standards AS 1926 Swimming Pool Safety Part 1-2007 Safety Barriers for Swimming Pools and Part 2-2007 Location of safety barriers for swimming pools.

All swimming pools and spas constructed in Victoria prior to the 8th April 1991 were required to be provided with safety barriers and fences by 1 July 1997 and must comply with Division 1 Part 7 of the Building Regulations 2006. Refer to information sheet Fencing of Existing Swimming pools and Spa’s. Safety barriers that comply with Australian Standard AS 1926.1-1993, Swimming Pool Safety Part 1: Fencing for Swimming Pools comply with this requirement.

The intention of the above standards and regulations is to specify requirements for fences and barriers that will restrict the access of children under five years of age to a swimming pool or spa. Safety barriers must be erected prior to a new swimming pool or spa being filled with water.

Swimming pool fences and barriers cannot be expected to stop every child, in every situation from accessing a swimming pool. The maintenance of fences, gates and other barriers is essential, as is parental supervision of children. This information bulletin is aimed to assist you to more clearly understand the requirements of the Australian Standard and is not designed to replace it or to contain all relevant information.

Definition

A swimming pool is defined as any excavation or structure containing water and used principally for swimming, wading, paddling, or the like, including a bathing or wading pool or spa.

Included in the definition of swimming pools are:

·  indoor pools

·  Spas that are not emptied after each use

·  in-ground pools

·  above ground pools.

Excluded from the definition of swimming pools are:

·  temporarily erected children’s paddling pools which are emptied after each use,

·  domestic spa baths which are emptied after each use,

·  dams and other man-made bodies of water not principally used for swimming such as fountains, ornamental ponds and fish ponds.

The building regulations for safety fencing and barriers only apply to a swimming pool with a depth of water of more than 300 mm.

Preamble

Swimming pool safety fencing should comprise barriers or walls of sufficient height, design and construction, and without openings or footholds that would enable a young child to climb through or over the fence. Gates and doors must be provided with child-resistant, self-closing and latching devices, and if incorporating an external wall of a building, any doors and openable windows to the pool area must be fitted with self-closing and latching devices that are child-resistant.

Materials

Any material used in the construction of a safety fence or barrier must be durable, with a reasonable natural life expectancy, when exposed to the likely conditions of weather, pool chemicals, pollution, decay, insects, water salt spray, etc.

Building Permits

Building permits are required for:

·  a swimming pool or spa with a depth exceeding 300mm.

·  Installation or alteration of any safety barrier for a swimming pool or spa.

A completed building permit application form is to be lodged together with information as per “Information to be Provided with Building Applications Swimming Pools and Spas”.

Height

Fence and gates must have an effective perpendicular height of 1.2 metres at any point on the outside of the fencing. Projections and or indentations on the outside surface of the fencing shall not form a substantially horizontal surface with a depth greater than 10 mm, unless they are spaced not less than 900 mm apart and provided that the lower projections or indentations are at least 1.1 m below the top of the fencing

Fences are only considered to have an effective height of 1.2 metres if a quadrant with a radius of 1.2 metres is clear of objects which would provide a foothold to young children. Non-climbable objects are permitted.

Effective Fencing Height
Perpendicular Fencing Dimension Climbable Surfaces Inside the Fencing

Where any surfaces that could be used as foot or hand hold for climbing are permanently located near the inside of the fencing and where the spacing between vertical members is greater than

10 mm, such surfaces shall be separated from the fencing by a distance of not less than 300mm.

Paling Fences

Standard paling fences can be used provided that they are well maintained and a minimum height of 1.2 metres. If the railings are on the approach side of the swimming pool area, palings must be provided on this side of the fence or other methods used to prevent children obtaining hand or foot holds. Protection is to be provided to the rails of the paling fence to restrict climbing over or around the safety barrier. The protection is to extend for 1200mm on the outside and 300mm on the inside of the of the pool/spa area respectively, each side of where the safety barrier intersects with the paling fence.

Heavy gauge welded wire mesh with a maximum 13mm aperture over top and middle rails to eliminate middle rail as a foot or hand hold.

/ Rails on approach side. Vertical palings staggered with a maximum gap of 10mm or overlap palings to eliminate middle rail as a foot or hand hold. Palings to be securely fastened. Means of protection must extend 1200mm beyond fence intersection.
At the intersection of all pool enclosure fences, all horizontal rails to be covered 300mm
internally and 1200mm externally to prevent them from being used as a foot or hand hold.

If boundary paling fences are to be incorporated as part of the safety barriers for a pool/spa, the occupier of the allotment containing the pool/spa is responsible to ensure that the swimming pool is protected, at all times, by complying safety barriers. In this regard there is no regulatory obligation on the adjoining owners to maintain the integrity of your safety barriers. That is, if your neighbour subsequently leaves a ladder leaning against the fence, plants trees or shrubs or builds a BBQ against the fence, the safety barrier will most likely no longer be effective or comply with the building regulations.

As you are relying on your neighbour to ensure the integrity of your safety barrier (the dividing fence) it is strongly recommended that you discuss the situation of the dividing fence with your neighbour.

The plans must show that there are no climbable objects, like trees, sheds, BBQ’s, etc., on the adjoining properties adjacent to the boundary fence. Access to the adjoining properties may be required at the final inspection to confirm this. If there are climbable objects, as above, you need to provide details of the method of complying with the Building Regulations.

Ground Clearance

The distance between the bottom of a fence and ground level is not to exceed 100 mm. Horizontal and vertical members

The following table specifies the minimum and maximum spacing of horizontal and vertical members for a typical fence.

Horizontal Members / Vertical Members
If located on the pool side and less than
900 mm apart / 10 mm maximum gaps
If 900 mm or greater apart / 100 mm maximum gaps

Where the fence is for a sloping site, the distance between the top surface of the highest lower member and the top surface of the lowest upper member at the step between panels shall be not less than 900 mm. The distance between the top surface of the highest lower member and the top surface of the lowest section of fencing at the step between panels shall be not less than 1100 mm

Gates Gates must

(a)  Open outwards away from the swimming pool area.

(b)  Return to the closed position and latch. The gate is to latch from resting on the latching mechanism to fully open without use of manual force.

(c)  Have a latch that operates automatically and cannot re-open without manual release of the mechanism.

(d)  Have the latch located not less than 1.5 metres above ground level unless:

(i)  the latch is on the inside of the fence;

(ii)  it is necessary to reach over or through a fence at a height not less than 1.2 metres above finished ground level, and

(iii)  be 150 mm below the fence top (no hand hole) or at least 150 mm away from edge of any hand hole opening.

Note: Where the latch is less than 1.5 metres above ground level it must be shielded so that no opening greater than 10 mm is closer than 450 mm.

A hand hole shall be at least 1.2 metres from ground level.

Doors Doors must

(a)  Be self-closing and self-latching. Doors are to return to the closed position and latch from resting on the latching mechanism to fully open without use of manual force.

(b)  Have a latching mechanism on the internal side of the door and located not less than 1.5 metres above the floor.

(c)  Have no foot holds wider than 10 mm from within 100 mm above the floor to the height of the latch.

(d)  Not swing into the swimming pool area. Sliding doors are acceptable provided they meet all the other requirements.

Windows

Where the height from the sill of the lowest opening panel of the window to the pool surround is less than 2.4 m, the openable portion of the window shall comply with one of the following requirements:

(a) Where the height from the sill of the lowest opening panel of a window to the floor is not greater than 900 mm, then:

(i) the openable portion of the window shall be totally covered by bars or a mesh screen which complies with the test for strength and rigidity of fence openings and the strength test for fence components. The bars or mesh screen shall be fixed to the building with fasteners that can only be removed by the use of a tool, e.g. a key, screwdriver or spanner; or

NOTE: Covering a window with bars or a mesh screen limits egress from the building in an emergency, and rescuers from entering the building.

(ii) windows shall be fixed in such a way that they will not open more than 100mm and comply with the test for strength and rigidity of fencing openings.

(b)  Where the height from the sill of the lowest opening panel of a window to the floor is greater than 900 mm but not greater than 1200 mm then the openable portion of the window shall comply with (a) above or shall be fitted with a securely fixed fly screen.

(c)  A window not complying with Items (a) or (b) shall be located at such a height that the distance from the floor to the sill of the lowest opening panel is greater than 1.2 m.

Above ground swimming pools

The same standard of safety must be provided for children regardless of whether the swimming pool is in-ground or above ground; accordingly above ground swimming pool must be protected in the same manner as an in-ground swimming pool.

The vertical wall of an above ground swimming pool can be utilised as part of a swimming pool barrier if it is at least 1.2 metres above the ground, however, there is the added danger that a young child, having climbed the swimming pool wall, can fall directly into the swimming pool. Fencing will still need to be provided around features such as decking, wall bracing, filters and ladders that provide a foot or hand hold.

A ladder into an above ground pool must be fenced to ensure that children cannot use the ladder to climb into the swimming pool. It is not sufficient to rely on swimming pool users to remove a ladder, or to fold up a hinged ladder, or to replace a solid cover after use. Swimming pool covers of varying types are widely used to keep dust and leaves out of the pool or spa and to retain heat.

Pool covers should never be considered a substitute for a fence or for competent supervision.

Perforated material or mesh

Mesh safety fences are permitted. Fencing using perforated materials or mesh with openings not greater than 13 mm, shall have an effective fencing height of not less than 1.2 metres. Mesh should be of a heavy gauge welded type; mesh such as chicken wire is not suitable.

Fencing using perforated materials or mesh with openings greater than 13 mm but less than 100 mm shall comply with one of the following:

·  The effective fencing height shall be not less than 2.4 metres.

·  The vertical section shall have an effective fencing height of not less than 1.8 metres, where a cranked top is provided. The cranked top shall have openings less than 100 mm.

/ Fencing using mesh shall include a strainer wire or rail at the top and bottom of the fencing.
Fencing using perforated materials with openings greater than 100 mm is not permitted for swimming pool safety barriers.
Retaining wall or other such barrier

Where a vertical or near vertical retaining wall, or other such barrier, not less than 1.2 metres high is constructed on the low side of the pool, a fence complying with Australian standard is not required on top of the wall.