Pool Fence Laws & Regulations in the Australian Capital Territory (ACT)
To protect especially young children (up to age 5) from the hazards of serious injury and drowning, strict pool fence safety compliance requirements in the Australian Capital Territory (ACT) are regulated and enforced by the ACT Government.
All swimming pools or spas in the ACT that hold water deeper than 300mm (30cm) must have a swimming pool safety barrier.
The pool safety fence must be certified in accordance with Australian Standards by a building surveyor (aka ‘building certifier’) that is licensed in the Australian Capital Territory (ACT).
And a Certificate of Occupancy & Use issued under the Building Act 2004, is required. The Building Code of Australia (BCA) is used as benchmark for pool safety barrier inspections and certification in the Australian Capital Territory (ACT).
Compliance to the Building Code of Australia (BCA) is required for all pool safety fences in the ACT
The BCA prescribes adherence to Australian Standard AS 1926.1-2012 – Safety barriers for swimming pools and AS 1926.2-2007 – Location of safety barriers for swimming pools (please see below) as its compliance requirement.
Summary of Australian Standard AS 1926.2 – 2007
Please note, for the purpose of our summary, the words fence and barrier have the same meaning.
Pool safety fence/barrier
- The design and construction of the swimming pool safety fence must restrict access by young children.
- The pool area must be stable and remain intact at all times. Loose sand is not acceptable.
- The surface directly beneath the pool barrier must be stable and not able to be eroded by weather, children or animals.
Examples of suitable materials include pavers, concrete, wood sleepers, garden rocks/stones, grass etc. - The pool safety barrier must be of a permanent nature.
- The pool safety barrier shall be free of sharp edges, sharp projections, entrapping spaces and similar hazards.
- The fence must include a continuous Non-Climbable Zone (NCZ).
- Non-Climbable Zone (NCZ) is defined as a zone consisting of a barrier as well as the associated space within 900 mm of the barrier (fence), intended to inhibit climbing of the barrier by children. This includes any point along the length of the barrier and its associated space.
- The NCZ must be on the outside of the pool fencing.
- In the NCZ, the distance between any hand and foot hold must be at least 900mm (90cm).
- There must be no climbable objects, horizontal components, hand holds, footholds, indentations, projections, deeper than 10 mm within non-climbable zones (NCZs).
Where barriers may be sloping or stepped, the NCZ is to be maintained throughout. Where the gap between vertical members is 10 mm or less, climbable objects, including horizontal components, if located on the inside of the barrier, are permitted as a child would not be able to reach them.
- In all instances, regardless of the NCZs, there must be no objects, steps, retaining walls or ground level changes within 500mm (50cm) of the barrier that would reduce the minimum height of the barrier as required on that side.
- Perforated materials/mesh with apertures greater than 100mm (10cm) shall not be used during construction of the pool safety barrier.
- When made of mesh, then the pool safety fencing must include a strainer wire or rail at the top and the bottom of the fencing.
- When made of solid materials (i.e. not perforated or mesh), then the pool safety fence must be at least 1200mm (1.2m) high at any given point.
- If the apertures in the perforated materials/mesh are not greater than 13mm (1.3cm), then the fence shall be at least 1200mm (1.2m) high.
- If the apertures in the perforated materials/mesh are greater than 13mm (1.3cm) but not greater than 100mm (i.e. not allowed – see above), then the pool safety barrier shall be at least 1800mm (1.8m) high.
- The pool safety fence must either be vertical or leaning away from the pool, but leaning not by more than a 15 degrees angle.
- Gaps between the bottom of the fence or gate (when closed) and finished ground level (i.e. a permanent, stable surface) may not exceed 100mm (10cm) at any given point.
- To prevent young children from using the members on the pool safety fence as climbing steps/aids, horizontal support members on the pool fencing are not allowed in the Non-Climable Zone (NCZ).
- Any horizontal surfaces permanently located near the inside of the pool safety fencing, and which can be used by young children for climbing, must be separated from the fencing by a distance of at least 300mm (30cm).
- The spacing between adjacent vertical members –e.g. palings, rods or wires- must not exceed 100mm (10cm) at any point.
Boundary fences that form part of the pool area
Boundary fences are the ones between your own property and the neighbour/property next door.
- Boundary fences that form part of the pool area must have a minimum height of 1800mm (1.8m).
- Only with boundary fences, is the Non-Climbable Zone (NCZ) actually allowed to be on the inside of the fence, i.e. in the pool area.
BUT, the NCZ must be located at the top on the inside of the fencing to discourage a young child from easily accessing the pool area from the adjoining property by climbing down the boundary fence and onto the pool area.
Gates and latches
- Pool gates must be self-closing and self-latching.
- Pool gates must open/swing away from the pool and into the safe zone.
- When latches are on the outside of the gate, then they must be at least 1500mm (1.5m) above finished ground level. Also, at least 1400mm (1.4m) above the nearest horizontal member.
- If the latch is on the inside of the gate, then the latch must be in such a position that to release the latching device from the outside it will be necessary to reach over or through the fencing at a height of not less than 1200mm (1.2m) above the finished ground level or not less than 1000mm (1m) above the highest horizontal member.
Also, the latching device must be at least 150mm (15cm) below the top of the gate if a hand-hole is not provided, or at least 150mm (15cm) below the edge of any hand-hole opening if a hand-hole is provided.
Unique situations
- Often, unique or out-of-the-ordinary situations represent themselves, which complicate the interpretation and application of the regulations.
This Standard (AS 1926.2 – 2007) refers to many such cases in detail.
There may even be such cases in your own pool safety area or its immediate surrounds!
Examples are, sloping ground, stepped ground, ornamental brickwork, ornamental stonework, other projections/indentations, retaining walls, existing barriers, lakes/canals/rivers, openable windows onto the pool area, openable doors on the pool area, balconies over the pool area and above-ground pools.
To ensure full pool safety fence compliance in the Australian Capital Territory (ACT) –particularly in the ‘more complicated situations’ – it is recommended that you always reach out to a registered pool safety professional.
Place CPR Signage on your pool safety fencing
Check with your local pool supplier or safety professional, as cardiopulmonary resuscitation (CPR) signage may already be a requirement in your region.
Nevertheless, CPR can save lives when pool accidents and/or injuries occur.
Therefore, it is highly recommended that you place CPR signage on your pool safety barrier, even if not required by law.
The sign must be readable from 3 metres and always be kept in good condition.
CPR signs may be purchased from your local pool shop or council, and community organisations such as St John Ambulance, the Australian Red Cross or Royal Life Saving.
References
Swimming Pool & Spa Association Australia (SPASA) – Australian Pool Fencing Rules – An Overview
ACT Government – Swimming pool and spa construction
ACT Government – Swimming pool and spa construction – Fences and barriers
The BCA adopts Australian Standard AS 1926.1-2012 and AS 1926.2-2007
Accreditation
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