All swimming pool owners in Australia have responsibilities, accountability and a specific duty of care in terms of pool safety compliance.
Inadequate pool fencing is a leading cause of preventable drownings in pools –especially of children up to 5 years old.
In the State of Western Australia (WA), several pool related deaths and/or permanent and disabling injuries to young children are recorded every year.
Domestic swimming pools are the most common site in which drowning for children aged 0–5 years occurs, with 94 per cent of drowning incidents at locations in and around the home.
Therefore, the pool fencing laws and regulations are very strict. Swimming pool safety compliance is essential and the penalties may be severe.
The pool safety compliance laws, rules and regulations in Western Australia (WA) are intended to protect the well-being of young children by restricting their access to the area containing the swimming or spa pool.
In Western Australia, the design, construction, installation and registration of private swimming and spa pools and their safety barriers is subject to strict building requirements under the Building Regulations.
All private swimming and spa pools that contain water that is more than 300mm (30cm) deep must have a compliant barrier installed that restricts access by young children to the pool and its immediate surrounds.
Owners and occupiers in WA also have ongoing legal compliance obligations to maintain their pool safety barriers at all times.
Pool safety compliance in the State is administered, regulated and enforced by the Government of Western Australia–Department of Commerce– Building Commission.
Comprehensive information on pool safety barrier regulations is available in its booklet titled Rules for Pools and Spas.
If your pool in WA was installed before May 2016
Then Standard AS 1926.1-1993 Swimming pool safety- Fencing for swimming pools, applies to you.
Also, compliance to the Building Regulations – please refer to Rules for Pools and Spas for more information.
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 WA was installed anytime from 1 May 2016 until now
Then, you need to comply with the Building Code of Australia (BCA).
The BCA references the national regulation i.e. Australian Standard AS 1926.1-2012 – Safety Barriers for Swimming Pools, which details the minimum technical requirements applicable to swimming and spa pool barriers.
You also need to adhere to Australian Standard AS 1926.2-2007, which details the barrier location requirements.
For more information, please refer to Rules for Pools and Spas.
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 Western Australia (WA) –also in the “more complicated situations” – it is recommended that you always reach out to a registered pool safety professional.
CPR Signage
CPR is an acronym for cardiopulmonary resuscitation, a vital first-responder activity in the case of an accident or 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.
Even if not stipulated by law in your region, it is still highly recommended that you display the CPR signage.
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
Government of WA – Rules for pools and spas
Government of WA – Dept. of Commerce – Building Commission
