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GETTING STARTED
The sun's shining, the thermostat's boiled over, and you've got some friends around for a dip in the pool. For those few hours of oasis, you're the best person they know.
A few months later, the air's chilled and you and your family just want somewhere warm to relax and get away after a long day. Thank God you have a spa.
But with a great pool or spa comes great responsibility.
For the safety of your family, your friends, yourself, and that neighbour who makes an excuse to come over and sneak a toe in the water on a hot day, you need to take the right measures to ensure no one gets hurt.
There's a lot of pool safety resources that tell you what measures pool and spa owners need to take. At Pool Safety Check, we wanted to ensure you could get everything you needed to know in one place.
That’s why we’ve created a comprehensive guide outlining:
- How the 2019 Victorian pool and spa safety regulations may affect you
- The process of pool inspections in Victoria
- Ways to ensure that your pool is safe and compliant by the new laws
- Answers to frequently asked questions behind pool inspections in Melbourne and surrounding suburbs.
If you’re concerned about your pool or spa area, don’t hesitate to get in touch with Pool Safety Check to ensure that your pool is safe and compliant.
NEW POOL SAFETY REGULATIONS IN VICTORIA
Did you know that one of the leading causes of accident deaths in young children is drowning?
According to Royal Life Saving Australia’s National Drowning Report, 12 Australian children aged between 0 to 4 years old drowned in 2019-2020. These events are why legislation for pool safety was implemented on December 1st, 2019. This ensures that pools now come into new safety compliance with the Victorian Building Authority (VBA) regulations.
It’s important for pool owners to stay well-informed of the requirements around pool barriers and how to stay safe in and around pools. This guide will help provide transparency over the process for Victorian pool owners. We’ll explain important concepts that are often misunderstood, and provide answers to frequently asked questions.
Other Australian states and territories have their own laws and regulations regarding pool safety and barrier requirements. Check the
Swimming Pool and Spa Association of Australia (SPASA) for more information on Australian and other state laws.
HOW DO I ENSURE MY POOL IS COMPLIANT?
Having a pool fence does help prevent drowning, especially in young children. But when it’s faulty, you might as well not have a barrier at all.
The most common issue people have is that the barrier may be faulty or non-compliant with Victorian Safety Standards. As of December 1st 2019, new pool registration and inspection requirements have been implemented to ensure pool safety measures are in place.
Failure by pool owners to adhere to these new regulations by the specified deadlines will result in an on-the-spot fine of around $330 as well as a penalty of up to $1652.20.
Check the VBA site here for more details on fees and penalties on pool inspection and compliance.
To ensure that your pool is safe and compliant, it’s important that you take notice of:
1. Deadlines Approaching, Act Fast!
Local councils will commence issuing fines for non compliant pools as early as the 1st June 2022. The certification process can take time, and you don't want to miss the due date. Especially if you need to fix any issues identified by your pool inspector!
You can also face penalties of up to $1817.40 (based on your local council) for failure to comply with the new pool safety regulations.
Take the stress out of ensuring your pool is safe and compliant. Our friendly, reliable and qualified pool inspectors at Pool Safety Check can make this process simple for you by providing transparency through our service and comprehensive reports to make sure you’re on track towards your pool compliance.
2. Register Your Pool or Spa
Under the new pool safety regulations, Victorian land owners that have a pool or spa on their property will need to register their pool with their local council. This applies to all pools and spas that can hold more than 30cm of water. This applies to in-ground, above ground, inflatable, bathing and wading pools if they do in fact contain 30cm of water.
The deadline for having your pool registered depends on when your pool was constructed. If construction of your pool was completed before the 1st of November, 2020, your deadline for registration was the later of either the 1st of November 2020, or 30 days after receiving your occupancy permit or certificate of final inspection. For more information on the deadlines for pool registration,
head to the VBA website.
3. Ensure Your Pool or Spa Area is Safe and Compliant
Once your pool or spa has been registered, you then need to ensure that it complies with Victorian pool fence regulations.
As a pool owner, it’s your responsibility to maintain the pool barrier, ensure that it’s working properly, and functions in accordance with compliance measures.
You should always check that your pool barrier:
- Has self-closing and self-latching gates
- Has gates that are functioning properly with no faults, and never propped open
- Barriers should be clear from any objects climbable by children
TIP: Cross check the above with our simple pool gate checklist.
To ensure any safety issues are identified, we recommend you complete the simple self assessment checklists from the VBA that we’ve linked for you below. If you find that your pool needs any work completed based on the self-assessment, you should have these completed prior to getting started with a registered pool inspector.
If you want to take the stress out of completing this on your own, you can get in touch with us, and we’ll provide you with what you need to know about your pool inspection.
4. Complete a Pool Safety Self-Assessment
Completing a self-assessment is a great way to identify potential risks with your pool and spa area. The type of assessment you complete will depend on when your pool was constructed. You can download the pool safety checklist relevant to your situation below. They provide a guideline of what you need to check step-by-step with handy tips and diagrams.
- My pool or spa was installed before 8 April 1991
- My pool or spa was installed between 8 April 1991 - 30 April 2010
- My pool or spa was installed from 1 May 2010
If you’re unsure when it was installed, your building permit will have a date of construction which may apply to the relevant pool or spa. Your local council will use any relevant information to determine this, so having access to these documents is handy.
5. Book a Pool Compliance Inspection
Once you’ve completed your self assessment and are confident your pool and spa area is up to scratch, you must have it inspected by a registered Victorian pool inspector. These inspectors may consist of:
- Registered Building Inspectors
- Registered Building Surveyors
- Municipal Building Surveyors
If you’re at the stage where you’re looking for a pool safety inspector, you should know what you need to consider before booking your appointment.
In Victoria, a registered building inspector or building surveyor can carry out the functions of a pool inspector. Additional certification is required for a registered building practitioner to carry out pool and spa related safety inspections.
You don’t want to end up paying for a service they are not qualified to carry out, then find that additional requirements need to be met for your pool or spa to be compliant. This just means more costs for you when it can simply be done in a couple of steps. Your pool inspector should be reliable, transparent and meticulous to ensure that this process is simple for you to deal with.
We recommend you do this as soon as possible to avoid costly fines. Leaving it close to the due date can make this process stressful, particularly if issues are identified with your pool or spa area that need to be rectified before your deadline. If you’re looking for a qualified and VBA registered pool inspector, book an inspection with Pool Safety Check for your peace of mind.
Not only are our pool safety inspectors VBA registered building inspectors at Pool Safety Check, but they’re also qualified with the Swimming Pool & Spa Association Australia (SPASA).
6. Book a Reinspection (If Required)
One of the most confusing things around a pool inspection service is the meaning behind ‘compliance inspections.’ This is sometimes misinterpreted as the inspector will offer you a certificate of compliance on the first inspection.
If your pool is deemed non-compliant on your initial inspection, the inspector can provide a report on your defects which should be remediated within 60 days, prior to your next follow-up inspection. Once any issues have been fixed, your pool inspector can issue a certificate (Form 23), which states that your pool is compliant with the Victorian standards.
If there have been no issues identified with your pool or spa on the initial inspection, then you’d be able to receive a pool compliance certificate. This is why we recommend that you conduct a self-assessment, and then have a registered inspector carry out an official inspection that might be missed by an untrained eye.
7. Submit Your Compliance Certificate to Your Local Council
Yes! You’ve received your certificate of compliance from your registered and qualified Pool Safety Check inspector.
Remember to lodge your certificate as soon as you can since the Certificate of Barrier Compliance is only valid 30 days after it is issued. You must lodge it with your local council within this period to avoid requiring a new inspection and a new certificate issued.
When you deal with Pool Safety Check, we’re with you every step of the way. If you’re unsure how to lodge your compliance certificate with your local council, we’re here to help.
8. Have Your Pool Re-Inspected Every 4 Years
According to the Victorian law around pool safety, a re-inspection needs to be completed every 4 years. Failure to comply may mean facing fines and penalties. Pool Safety Check will remind you every 3 years and 9 months when it’s time to book in for a re-inspection to ensure your barrier is compliant and that you don’t face any unnecessary fines.
SWIMMING POOL & SPA BARRIER REQUIREMENTS
You are obligated under law to have a spa or pool barrier constructed and maintained to ensure that it is always safe and compliant with Australian standards. Learn more about how you can prepare for a pool compliance check.
What is a barrier? A barrier includes any components such as fences, panels, walls, gates, doors, and windows on building and other fittings restricting access to a pool or spa area.
There are slight differences between barrier requirements for pools constructed in before, during and after 1991 and 2010. We've answered some frequently asked questions about pool barriers you might find useful.
We’ve highlighted the common pool barrier requirements for Victorian pool owners:
The pool barrier (fencing) including any relevant gates must be installed and maintained to ensure that:
- Pool fencing must be at least 1200 mm high
- Ensuring that young children are not able to use it to climb and access the pool area
- The area surrounding the pool fence is clear of climbable objects
- For pools installed prior to the 1st of May 2010, there must be a 1,200mm radius surrounding the pool barrier that is clear of climbable objects, while pools installed on or after the 1st of May 2010 must have a clear radius surrounding the barrier of 900mm.
- The gap between the bottom of the fence and the ground must be less than 10cm
- This ensures that young children cannot climb under the fence to access the pool area
- Gap between the bottom of the fence and finished ground level is less than 100 mm
- Further barrier guidelines are needed for mesh fences and glass pool barriers.
Pool Gates and Fittings
Below are some of the requirements outlined in the pool safety regulations for swimming pool and spa gates and fittings:
- Gates that give access to the pool area should swing outwards, away from the pool area.
- Gates are required to be fitted with a self-closing and self-latching device, they should never be left propped opened.
- Gate latch and release devices should be at least 1500mm above ground level if not shielded.
Here's a
simple pool gate checklist
that covers the main points.
Above Ground Pools
- Any objects such as ladders, pumps and fittings for above ground pools must not be used as a climbable to access the pool
- The walls of the pool used as a barrier must not be less than 1,200mm high
- There should be a 1,200mm clear zone for pools installed before 1 May 2010, or 900mm for pools installed after and inclusive of 1 May.
Windows, Retaining Walls and Doorsets
Each of the requirements for these pool barrier features differs slightly depending on when your pool or spa was first constructed.
- Windows that are a part of a barrier must not provide any access to the pool area.
- Retaining walls that form part of a pool or spa barrier must restrict access to the pool area for young children.
- Doorsets must not be opened by young children, and should be returned to closed after being released. Young children should not be able to climb on doorsets from a nearby foothold.
If you require any assistance to ensure that your pool barrier is in line with Australian Standards and Victorian pool regulations, get in touch with Pool Safety Check. Our friendly team can help with any of your spa and pool compliance enquiries.
PLANNING TO BUY A PROPERTY WITH A POOL OR SPA?
Buying your dream home with the perfect pool in the back yard can be an exciting process. However, it’s important to ensure your pool and spa is compliant before you seal the deal on your new property. Doing so can save you thousands of dollars in repairs and fees that you have to pay for with a non-compliant pool or spa. Remember to always do your due diligence before signing any contracts. If you’re interested in buying a property with a pool or spa, getting a pre-purchase inspection can potentially save you thousands that may be required to complete the works for any faulty defects. Perhaps it’ll give you the confidence to purchase your property knowing that there are no defects to be fixed. Save yourself a whole lot of stress by booking a pre-purchase pool inspection today with Pool Safety Check.
If you’re planning on having a building inspection, just remember that registered building practitioners are technically able to carry out inspections but they might not have the additional qualifications to complete pool inspections. You might be paying more fees to someone who is not qualified to do that particular job. Whenever you’re in doubt, you can check your inspector’s qualifications through the VBA site to check for registered practitioners.
At Pool Safety Check, our pool inspectors are experienced building inspectors who are qualified to inspect pools and spas. You can learn more about us and why you should choose Pool Safety Check today. For more information on a combined building and pool inspection, get in touch with us.
POOL COMPLIANCE FOR STRATA MANAGERS
We understand the process when it comes to strata managers requiring an inspection for commercial properties with a pool and/or spa. Not only is it important for you to stay up-to-date with the new regulation around pool safety but ensuring that official documentation complies with Victorian government standards.
Our initial consultation will cover a comprehensive safety report to ensure if any issues are brought to your immediate attention. With our 25 years of experience and knowledge, we’re able to advise how to best solve these issues with our list of reliable contractors.
If you require any further information on this process, don’t hesitate to contact us about any of your enquiries.
POOL COMPLIANCE FOR HOTELS AND MOTELS
If you have multiple commercially shared pools or spas, we’re able to cater to your needs with our team of registered and experienced pool inspectors. We comply with the latest VBA standards to ensure that your pool safety is up-to-date and reflects the appropriate documentation for your requirements.
We’ll remind you every 3 years and 9 months when your next scheduled inspection is due to ensure that your checks are to Victorian standards. With our comprehensive inspection and experience we’ll be able to advise you on the best solutions to remediate any issues that we detect in our reports. You can focus on your bottom line while we assure you of our pool inspection process for your peace of mind.
POOL COMPLIANCE FOR RENTERS
Swimming pool safety can sometimes be overlooked since tenants of rental properties are not permanent residents there. Drowning incidents can occur more often when the pool area is not well maintained and working properly.
Sometimes the responsibility of pool safety is blurred between tenants, landlords and real estate managers. Everyone involved is responsible for managing the pool or spa, with varying levels of responsibility.
If you are a property owner leasing a house with a pool, you are required to maintain the pool barrier so that it is safe for use. If a pool fence is damaged and has faults that make it unsafe, the property owner or manager should be notified immediately to amend this safety issue. Damaged or non-operational barriers are safety issues that immediately need to be fixed by the property owner.
The occupant or tenant of the property must ensure that the pool barrier is operating effectively.
RECEIVE A POOL COMPLIANCE LETTER FROM THE COUNCIL?
Did you receive a letter from your local council about your requirements for your pool? If you’re unfamiliar with what you need to do to get your pool compliance inspection, get in touch with the Pool Safety Check team for a quick call today.
WATER SAFETY TIPS: IN AND AROUND POOLS & SPAS
Staying safe in and around pools and spas can mean all the difference. Have a look at these
simple measures to remind you about the essential safety precautions.
Rule 1: SUPERVISION
- Always ensure that an adult is constantly and actively supervising your children. It’s essential you know where they are and what they are doing at all times.
- Be within close reach of your children (aged under 5 years). If something were to happen, you’re immediately there to take care of anything.
- Do not leave children under the age of 16 to supervise younger children.
Rule 2: FIRST AID
- In an emergency, knowing first aid is an essential skill to have.
- Ensure that at least one supervising adult can perform first aid or CPR.
- Remember to refresh your first aid skills every 3 years, and renew your CPR certificate every 12 months.
- TIP: Have first aid and CPR signs around the pool area
Rule 3: AWARENESS
It’s not only important that adults are aware of safety precautions but children should have a basic understanding of water safety as well. Swimming lessons for children allow them to be more confident in water and raise their awareness on how to be safe.
Rule 4: RESTRICT ACCESS
- All pools and spas in Victoria are required to have a barrier or fence if they are able to contain 300mm (or 30cm) or water.
- They are required to be compliant with the VBA to ensure that your swimming pools and spas are safe.
If your swimming pool or spa is yet to be compliant with the requirements, then arrange an inspection with a Pool Safety Check. Our services will give you confidence and peace of mind through this process.
FINAL NOTES
Pool fence safety is important for preventative measures against drowning. Young children are more likely to drown when pool fence barriers are not properly working and become a potential hazard. We’ve provided a resource that you can use to guide you through the process so that you’re well-informed about the Victorian standards and why they’re essential. Sometimes safety can be overlooked since they are considered self-explanatory, which is why something as simple as a gate being propped open needs to be addressed as a risk.
If you have any questions regarding pool and spa safety, Pool Safety Check can help you with your inspection enquiries.
WHY POOL SAFETY CHECK?
At Pool Safety Check, our inspectors are licensed builders with 25 years experience in the building and property inspection industry. When it comes to your pool and spa, our inspectors are fully qualified with the VBA. We work with our clients throughout the entire pool compliance journey, taking the stress out of each step along the way and providing you with peace and mind about the safety of your pool and spa area.
Pool Safety Registration: IN-PS 70731
Builders License:
DB-U 10825
BOOK A POOL SAFETY INSPECTION TODAY!
Deadlines for pool registrations are fast approaching, with the latest deadline being the 1st of November in 2021, so it’s important that you get in fast to avoid being issued any fines.
Book an inspection with Pool Safety Check today, and get piece of mind knowing that your pool or spa is safe for you and your loved ones.
Contact Us
End to end support to take the stress out of ensuring that your pool is safe and compliant.