Pool Fencing Laws & Regulations in Victoria (VIC)
Victoria (VIC), several pool related deaths and/or permanent and disabling injuries to young children are recorded every year.
Pool safety in VIC is administered, regulated and enforced by the Victorian Building Authority (VBA).
Swimming pools and spas on residential properties in Victoria that are capable of holding more than 300mm (30cm) of water are required to have a pool safety barrier to restrict access to a pool area by young children (e.g. under the age of 5).
This also includes inflatable pools, above ground pools, indoor pools, hot tubs, and bathing or wading pools.
In addition, all gates, fences or walls that form part of the barrier around the pool must be kept in good working condition.
Handy pool safety compliance checklists are accessible on the Victorian Building Authority (VBA) web page titled Swimming pools, spas and their safety barriers.
In VIC, pool fence safety legislation, regulations, laws, compliance and registrations revolve around the installation date of your swimming pool or spa.
If your pool in VIC was installed before 8 April 1991
Then Standard AS 1926.1-1993 Swimming pool safety- Fencing for swimming pools, applies to you. Also, Part 9 Building Regulations 2018.
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.
If your pool in VIC was installed installed between 8 April 1991 and 30 April 2010
If your pool fence/safety barrier was approved from 8 April 1991 to 31 October 1994, then Standard AS 1926.1 – 1986 Fences and gates for private swimming pools, applies to you.
And, if your pool fence/safety barrier was approved from 1 November 1994 to 30 April 2010, then Standard AS 1926.1-1993 Swimming pool safety- Fencing for swimming pools, applies to you.
An outline of Australian Standard AS 1926.1986
Please note, for the purposes of this summary, the words fence and barrier have the same meaning.
The key points are:
- Swimming pool safety fences, gates and latching mechanisms must be of a permanent nature. Only suitable and durable materials are allowed, able to withstand decay, weather conditions, insects, ground water, pool chemicals, salt spray and so on.
- Perforated materials or “mesh” -e.g. chain wire- may only be used if the mesh openings are not larger than 50mm (5cm).
- The pool safety barrier must be vertical or leaning away from the pool.
- When made of solid materials (i.e. non-perforated), the pool safety fence must be at least 1200mm (1.2m) high at any given point.
- When made of perforated materials (e.g. chain wire or mesh), the pool safety fence must be at least 1800mm (1.8m) high at any given point. Furthermore, 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.
- 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.
- Gaps between the bottom of the fence and finished ground level (i.e. a permanent, stable surface) may not exceed 100mm (10cm) at any given point.
- Any horizontal support structures (“members”), or sets of members grouped closely together, must be at least 900mm (90cm) apart.
- The bottom member (or set of members grouped closely together) on the pool fencing is not allowed to be closer than 1100mm (1.1m) from the top of the pool fence or gate.
- Any horizontal surfaces permanently located near the inside of the fencing 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.
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.
If your pool in VIC was installed installed from 1 May 2010 until now
And, if your barrier building permit was issued from 1 May 2010 to 30 April 2013, then Standard AS 1926.1 – 2007, swimming pool safety – Part 1 safety barriers for swimming pools, applies to you.
And, if your barrier building permit was issued from 1 May 2010 until now, then the national regulation i.e. Australian Standard AS 1926.1-2012 – Safety Barriers for Swimming Pools, applies to your pool.
Australian Standard AS 1926.1 – 2007
Please note, for the purposes of this summary, the words fence and barrier have the same meaning.
Pool safety fence/barrier
- The design and construction of the swimming pool safety barrier must restrict access by young children to the pool area.
- The surrounding area of the pool must be stable and remain intact at all times. Loose sand is not acceptable.
- 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 pool safety barrier must include a continuous Non-Climbable Zone (NCZ).
- The 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, 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 safety fencing.
- In the NCZ, the distance between any hand and foot hold must be at least 900mm (90cm).
- Perforated materials/mesh with apertures greater than 100mm (10cm) shall not be used for construction of the pool safety fence.
- When made of mesh, then the fencing must include a strainer wire or rail at the top and the bottom of the fencing.
- When made of solid materials (i.e. non-perforated/non-mesh), then the pool safety fence must be at least 1200mm (1.2m) high at any given point.
- When made of perforated materials or mesh: 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. it is not allowed – see further above), then the fence shall be at least 1800mm (1.8m) high.
- The pool safety fence must be vertical or leaning away from the pool, but not by more than a 15 degrees angle.
- Gaps between the bottom of the fence/closed gate and finished ground level (i.e. a permanent, stable surface) may not exceed 100mm (10cm) at any given point.
- Horizontal support structures (“members”) on the fence – 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-Climbable Zone (NCZ) .
- Any horizontal surfaces permanently located near the inside of the 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 (NZC) actually allowed to be on the inside of the fence, i.e. in the pool area. BUT, then the NCZ must be located at the top on the inside (pool area) of the fencing to inhibit a young child from easily accessing the pool area from the adjoining property/neighbour’s side.
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 on the outside of the pool gate must be at least 1500mm (1.5m) above finished ground level. Also, at least 1400mm (1.4m) above the nearest horizontal member.
- Latches on the inside of gate – if the latch is on the inside of the pool 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 situations represent themselves, which may complicate the interpretation and application of the pool fencing regulations in Victoria (VIC).
Such cases may be present in your own pool 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 compliance –even in the “more complicated situations” – it is recommended that you always reach out to a registered pool safety professional.
Your registered pool safety professional is qualified to give the best advice and recommendations on the requirements of pool safety fence regulations in Victoria (VIC).
When in doubt, do not hesitate to ask!
CPR signage in your pool area
CPR is an acronym for cardiopulmonary resuscitation.
It can save lives in your pool area, following an accident or during a medical emergency.
In some states the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool, i.e. on the pool fencing and gate.
It is still highly recommended in any case that you display the CPR signage.
The sign must be in good condition and able to be read easily from 3 metres.
CPR signage can be purchased from pool shops, local councils and community organisations such as St John Ambulance, the Australian Red Cross or Royal Life Saving.
References
Housing Industry Association (HIA) – Standard AS 1926-1986 Fences and gates for private swimming pools
Victorian Building Authority (VBA) – Swimming pools, spas and their safety barriers
Swimming Pool & Spa Association Australia (SPASA) – VIC Barrier Laws
Accreditation
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