Pool Fence Laws NT

Pool Fencing Laws & Regulations in the Northern Territory (NT)

The pool safety compliance laws, rules and regulations in the Northern Territory (NT) are intended to protect the well-being of young children by restricting their access to the area containing the swimming or spa pool.

If you own a residential property in the Northern Territory (NT) that is less than 1.8 hectares and has a pool or spa, you may need a pool fence or a pool safety barrier that meets certain safety standards.

The NT describes a swimming pool as an excavation, structure or vessel, including an outside spa bath or spa pool that can be filled with water to a depth of 30cm or more at the deepest point.

And, which and is used or is designed, manufactured or adapted to be used for swimming, wading, paddling or other human water activities. This includes in ground, above ground, inflatable and portable pools and spas.

While, a pool safety barrier is defined as a fence, wall or similar structure that is intended to form a barrier around a pool or spa to restrict a child under five years of age getting into the pool area.

The barrier can include a gate or door set into the fence, wall or structure. It can also be a wall of a building that has a window, door or gate set into it or the lid of a spa pool. But, a pool safety barrier can’t include a hedge or vegetation.

Owners and occupiers in the Northern Territory (NT) also have ongoing legal compliance obligations to maintain their pool safety barriers at all times.

Pool safety compliance in the region is administered, regulated and enforced by the Northern Territory Government by means of standards, and depends on the installation date of your pool.

There are two pool safety barrier standards in the Northern Territory (NT):

• Modified Australian Standard
• Community Safety Standard

The Modified Australian Standard is the higher standard.

If your pool in the NT was installed before 1 January 2003

Then you may comply with either the Modified Australian Standard or the Community Safety Standard. Conditions apply.

Please refer to the Northern Territory Government’s website page titled Pool Fencing and Barrier Safety Standards for important information on which Standard applies to you.

If your pool in the NT was installed anytime from 1 January 2003 until now

Then -if you own a residential property less than 1.8 hectares with a pool or spa installed- you must:

• Have a pool safety barrier that meets the Modified Australian Standard.
• Have a compliance certificate issued in your name.
• Comply with all the conditions on the compliance certificate.

Modified Australian Standard

The NT swimming pool safety fencing laws and regulations reference the following Australian Standards:

• AS 1926.1 – 1993 Swimming Pool Safety Part 1: Fencing for swimming pools
• AS 1926.2 – 1995 Swimming Pool Safety Part 2: Location of fencing for private swimming pools.

The Modified Australian Standard is a modification of these standards.

Effectively, the Modified Australian Standard is simply the sum-total of the two Standards directly above, read together with the Modifications thereto, as published by the Northern Territory Government – Water Safety Branch, in a booklet titled Pool Fencing Notes for New Pools Built After 2003.

Summary of the key Modifications

• General: the following notes provide information on general requirements for a swimming pool barrier to comply with the modified Australian Standards and may assist in clarifying the work required.
• General: to provide flexibility the modified Australian Standards allow a number of different solutions to be used to achieve a compliant swimming pool barrier. As there may be other options available, pool owners are encouraged to seek advice from industry specialists such fencing manufactures, building consultants, builders or fencing contractors.
• Balcony: reference – where a balcony projects into a pool area and the distance from the floor of the balcony to the pool surround is less than 2.4 meters, the balcony shall include a balustrade which meets with the requirements for a compliant pool fence as per AS 1926.1.
• Balcony: where a pool fence is adjacent to or below a balcony the distance from the top of the pool fence to the balcony is required to be 1.2 metres or greater.
• Doors: cannot be used as part of the swimming pool barrier for new pools installed or constructed after 1st January 2003.
• Above ground pools: are required to be fenced unless the walls of the pool have an effective height of 1.2 metres. Ladders are required to be fully isolated.
• Chainmesh fencing: the effective fencing height shall be not less than 1.7 meters (measured from the inside if it is a boundary or dividing barrier). Chainmesh fencing is to include a strainer wire or a rail at the top and the bottom of the fence. Where chainmesh is a boundary or dividing barrier, please ensure a clear span of 1.2 meters from the inside of the chainmesh fence.
• Chainmesh bracing: reference – rods, wires or tubular bracing that could be used as holds for climbing are required to be shielded or relocated to the inside of the fence. Please note: *This requirement applies to all new chainmesh fencing.*This requirement applies to existing chainmesh fencing where the fence adjoins a public place. *This requirement is excluded where the existing chainmesh fence is a dividing barrier between adjoining premises and a dividing barrier notice (Form A1) has been provided.
• Fencing height: The effective fencing height shall be not less than 1.2 metres. The effective height of “loop” type pool fencing is taken from ground   level to the highest compliant part of the fence where the distance between adjacent vertical members does not exceed 100mm (10cm).
• Definition of fence: the modified Australian Standards define a fence as any component that forms part of the intended barrier and includes walls, child resistant windows and balustrades on a balcony. The requirements apply to windows, balustrades and other components that form part of the intended barrier.
• The fencing: shall be free of sharp edges, sharp projections and similar hazards.
• Direction of opening: gates shall be hung so that they only swing outwards, i.e. away from the pool area.
• Self-closing device: The modified Australian Standards require that all gates are fitted with a device that will return the gate to the closed position and operate the latching device from any position with a stationary start without the application of a manual force. The self-closing device shall be capable of complying with these requirements with the gate at any position from resting on the latching mechanism to fully open.
• Latching device: Gates are to be fitted with a latching device that will automatically operate on the closing of the gate and will prevent the gate from being reopened without being manually released.
• Location of latching device: Latching devices are to be located at a height of no less than 1.5 metres above finished ground level and 1.4 metres above the highest lower horizontal member. (However the modified Australian Standards do allow other alternatives if this is not practical. Advice should be sought from industry specialists, as they may be able to recommend another solution such as shielding the latching device or relocating the latching device to the inside of the fencing).
• External hinges: hinges with a surface area greater than 10mm are required to be a minimum of 900mm apart with the distance from the top of the lower hinge to the top of the gate at a minimum of 1.1 metres.
• Ground clearance: the modified Australian Standards require that the height of any opening between the bottom of the fencing and the finished ground level shall not exceed 100mm. Temporary surfaces such as loose dirt, soft sand, mulch, gravel, pavers, rocks or similar are generally not suitable and would require compacting or be permanently fixed.
• Handholds or footholds – projections and indentations: projections from or indentations into the outside surface of fencing, or a combination of projections or indentations shall not form a substantially horizontal surface with a depth greater than 10mm, unless they are spaced not less than 900mm apart and provided that the lower projections or indentations are at least 1.1 meters below the top of the fencing.
• Horizontal climbable members: the modified Australian Standards restrict the use of fencing components that allow a handhold/ foothold for climbing. Where vertical members are spaced such that they provide clear openings of more than 10mm width, horizontal members shall be not less than 900mm apart. The top surface of the highest lower horizontal member shall be at least 1.1 meters below the effective top of the fence.
• Horizontal climbable surfaces outside the fencing area: where a nearby surface that could be used as holds for climbing are located near the outside of the fencing, such surfaces shall be separated from the fencing by a distance of not less than 1.2 metres when measured from the top of the fencing. The outside of perimeter fencing is excluded from this requirement.
• Horizontal climbable surfaces inside the fencing area: where a nearby surface that could be used as holds for climbing are located near the inside of the fencing (within the pool area) and where the spacing between the vertical fence members is greater than 10mm, such surfaces shall be separated from the fencing by a distance of not less than 300mm.
• Horizontal metal clad fence (non-cyclonic areas): Horizontal metal clad fencing such as corrugated iron and “trimdeck” do not meet the requirements of AS 1926.1. However horizontal metal clad fencing will be approved under Section 12 of the Swimming Pool Safety Act provided the fence has an effective height of at least 1.5 meters and meets all other requirements of AS 1926.1.
• Shielding to horizontal metal cladding (walls and fences): when a pool fence is located against a horizontal metal clad fence or wall, non-climbable shielding is required to be fitted to the horizontal metal cladding. The shielding is to be fitted on the inside and outside of the pool fence. This only applies in situations where the pool fence is lower than the metal cladding.
• Wooden lattice: mesh fencing is required to meet the strength and rigidity requirements specified in the AS 1926.1. The effective height shall be not less than 2.4 meters (framed). Where approved for use, lattice must be sufficiently rigid and adequately fixed to the frame.
• Vertical members: the clear space between any adjacent vertical members shall not exceed 100mm at any point.
• Windows: where a window forms part of a barrier and is less than 2.4 metres above the pool surround, the openable section of the window shall be totally covered by bars/mesh screen that meet requirements specified in the AS 1926.1. Where approved by the Swimming Pool Safety Authority, windows may be used without bars/screens provided that the window is fixed in such a way that that it will only open sufficiently to meet the strength and rigidity requirements specified in the Australian Standard.
• Dividing Barriers: any expenses associated with constructing, altering, repairing, replacing or maintaining a dividing barrier required for the purpose of complying with the Act or the Regulations, or to enable the swimming pool to be registered, are to be borne by the owner of the premises at which the pool is situated or relates to.
• Boundary fencing: the onus on maintaining a swimming pool barrier rests with owner of the premises at which the swimming pool is (or is to be) located. The possibility that the boundary fence used as pool safety barrier may be compromised by the actions taken by an adjoining property owner may be taken into consideration. In these situations owners may wish to consider the installation of a separate pool fence.

Summary of Australian Standard AS 1926.1-1993

Please note, for the purpose of our summary, the words fence and barrier have the same meaning.

Pool safety fence/barrier

• Swimming pool safety fences, gates and latching mechanisms must be of a permanent nature, i.e. barriers should not be able to be easily pushed over or physically damaged, reducing the effectiveness of the barrier.

Only suitable and durable materials are allowed, able to withstand decay, weather conditions, insects, ground water, pool chemicals, salt spray and so on.

• The pool safety barrier must be at least 1200mm (1.2m) high at any given point.
• The pool safety fence must not have any climbable objects directly outside the fence -in a radius of 1200mm (1.2m) from the top of the fence- which any young child can use or move to gain access to the gate latch and/or access the pool.

Examples are planter boxes, BBQ’s, potted plants, toys, lightweight seating, ladders and so forth.

• Perforated materials/mesh with apertures greater than 100mm (10cm) shall not be used for construction of the pool safety barrier.
• When made of perforated materials or mesh, then the pool safety barrier shall be at least 2400mm (2.4m) high.

Alternatively, the fence can be (at least) 1800mm (1.8m) high, but then the fence must also be topped with an angled section of 450mm (45cm), which inclines to the outside at an angle of 135 degrees from the vertical.

• When made of mesh, then the pool safety barrier must include a strainer wire or rail at the top and the bottom of the fencing.
• Vertical gaps in the pool safety fence are only allowed if they are not wider (horizontal) than 100mm (10cm).

For instance, where steel and aluminium fencing is installed, this relates to the vertical bars on the fence. And for pool safety barriers made of glass, it applies to the gaps between panels.

• No gaps larger than 100mm (10cm) are allowed under the pool fence, i.e. between the fence and ground.
• To prevent young children from using any horizontal support structures (“members”) on the pool safety barrier as climbing steps/aids, such horizontal support members (or collections/sets of members closely together) must be at least 900mm (90cm) apart.

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.
• Latches must be at least 1500mm (1.5m) above finished ground level. Also, at least 1400mm (1.4m) above the nearest horizontal member. Latches must also be shielded.

Walls and windows

• Walls and windows that form part of a pool barrier must not provide a pathway into the pool area.

Therefore, any such windows must be at least 2400mm (2.4m) above the external paving or ground level.

Also, at least 1500mm (1.5m) above the floor of the room containing the window.

Or, fitted with a catch, bolt, lock or other stop located 1500mm (1.5m) above the floor of the room containing the window so that the openable part of the window cannot be opened more than 125mm (12.5cm).

Or, provided with a securely fitted fly screen.

Projections and indentations

• Decorative walls etc. with projections and indentations can be used by young children as footholds or hand holds, ideal for climbing purposes.

If such elements are indeed present on/near the pool safety barrier, then they –the projections and indentations- must be spaced at least 900 mm apart, and at least 1100 mm below the top of the barrier.

Or, sloping away from the pool by at least 60 degrees to the horizontal.

Retaining walls

• Must be constructed so they restrict access by young children to the pool area. Specific requirements apply. If retaining walls form part of your pool safety barrier, then it is recommended that you consult with your registered pool safety professional.

Above ground pools

• Objects such as ladders, pumps and filters must not be able to be used as a climbing surface by young children to access the above ground pool.

Where the walls of the pool are used as a pool safety barrier, they must be at least 1200mm (1.2m) high above ground level.

Also, potential climbing must be restricted within a 1200mm (1.2m) clear zone around the above ground pool.

Summary of Australian Standard AS 1926.2 – 1995

Please note, for the purpose of our summary, the words fence and barrier have the same meaning.

Pool safety fence/barrier

• The pool safety barrier must be at least 1200mm (1.2m) high at any given point. And the fence must be constructed so that it inhibits access by young children to the pool area.
• The top of the pool safety fence must be at least 1200mm (1.2m) away from any finished ground outside the fence: for instance, any part of a retaining wall, terrace, sloping landscape etc. must be away at least 1.2m when measured by radius in an arc from the top of the pool safety fence.
• To prevent young children from using the members on the pool safety fence as climbing steps/aids, horizontal support members (or collections/sets of members closely together) must be at least 900mm (90cm) apart.
• Vertical gaps in the pool fence itself are only allowed if they are not wider (horizontal) than 100mm (10cm). For instance, where steel and aluminium fencing is installed, this relates to the vertical bars on the fence. And for glass fencing, it applies to the gaps between panels.
• No gaps larger than 100mm (10cm) are allowed under the pool fence, i.e. between the fence and ground.

Walls, windows and doors

• If any walls form part of the pool barrier, then protected windows in the walls may be permissible – conditions apply. Please refer to your registered pool safety professional.
• If any walls form part of the pool barrier, then doors that open onto the pool area are not allowed – not even protected doors!

Community Safety Standard

The Community Safety Standard requires that a pool safety barrier must be designed, sited, installed and maintained so the barrier will prevent, to the extent practicable and reasonable in all the circumstances, an unsupervised child under the age of five years from getting into your pool area.

The Community Safety Standards were published by the Northern Territory Government – Department of Infrastructure, Planning and Logistics, in a document titled Community Safety Standard Guidelines.

The Community Safety Standard can only be applied to some pools installed before 1 January 2003.

Summary of the Community Safety Standard

The Community Safety Standard is summarised as follows:

Interpretation

In these guidelines:

• “Inside”, in relation to a swimming pool barrier, means the side of the barrier that faces the pool area; “Outside”, in relation to a swimming pool barrier, means the side of the barrier that faces away from the pool area.
• A reference in these guidelines to a measurement on the outside of a swimming pool barrier is, in relation to a dividing barrier, a reference to a measurement on the inside of the dividing barrier.
• These guidelines do not require any action to be taken by any person on adjoining premises to ensure a dividing barrier complies with the Community Safety Standard.

Swimming Pool Barrier

• The swimming pool barrier should be a permanent structure.
• The swimming pool barrier should have the effect of isolating the swimming pool from the main entrance to the premises at which the swimming pool is situated and from any other means of access to the premises.
• Driveway gates should not be used as part of the swimming pool barrier.
• The swimming pool barrier must be high enough to prevent a child from gaining unsupervised access to the swimming pool (unless sub-clause (5) applies – approximately 1.2m at all points measured vertically from the outside of the barrier).
• If the swimming pool barrier is made of chainmesh, the height of the swimming pool barrier should be approximately 1.7m at all points measured vertically from the outside of the swimming pool barrier.
• All horizontal rails should be suitable distance apart (a minimum of approximately 900mm) or have some means of preventing a child from gaining unsupervised access to the swimming pool.
• Apertures in the swimming pool barrier should not be greater than approximately 100mm.

Use of part of perimeter boundary as swimming pool barrier

Although section 11(2) of the Act precludes the whole of a perimeter boundary from being used as a swimming pool barrier, it does not prevent any part of the perimeter boundary that forms a dividing barrier from being used as a swimming pool barrier.

Gates in swimming pool barriers

• Any gate that forms part of the swimming pool barrier should open away from the swimming pool and should automatically self-close and self-latch (including when at rest on the latching mechanism).
• The latching release mechanism should be a minimum of approximately 1.5m from the ground, and a minimum of approximately 1.4m from the highest point of the lower horizontal part of the swimming pool barrier, measured vertically on the outside of the swimming pool barrier.
• Double gates are not suitable to form part of the swimming pool barrier.
• At no time should any gate forming part of the swimming pool barrier be propped open.

Doors in swimming pool barriers

• Any door that forms part of the swimming pool barrier should be automatically self-close and self-latch (including when at rest on the latching mechanism).
• The release for the latching device, or the bottom of the door handle, should be a minimum of approximately 1.5m measured vertically above ground level.
• Double doors are not suitable to form part of the swimming pool barrier.

Windows in swimming pool barriers

Any window that forms part of the swimming pool barrier should not have an unscreened gap of more than approximately 100mm that is accessible by a child.

General safety matters

• Vegetation within the premises at which the swimming pool is situated that could assist a child to gain unsupervised access to the swimming pool should be cleared to a distance of approximately 1.2m.
• Objects that might assist a child over the swimming pool barrier to gain unsupervised access to the swimming pool should not be placed against or close to the swimming pool barrier.

Always consult with your registered pool safety professional!

Especially in cases of uncertainty, or when advice on pool safety regulations in the Northern Territory (NT) is required.

CPR signage on your pool safety barrier in the Northern Territory (NT)

CPR is an acronym for cardiopulmonary resuscitation. CPR saves lives.

Your region may stipulate that CPR signage in your pool area is compulsory. Please check with your registered pool safety professional.

It is still a good idea to have CPR signage displayed on your pool safety fence anyways.

The sign must be in good condition and able to be read easily from 3 metres.

You can buy a CPR sign from your local pool shop, council or 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
Northern Territory Government – Pool Fencing and Barrier Safety Standards
Northern Territory Government – Pool Fencing Notes
Northern Territory Government – Department of Infrastructure, Planning and Logistics, in a document titled Community Safety Standard Guidelines.
Department of Local Government and Planning – Guidelines for the interpretation of swimming pool fencing requirements