Q: Do I need a pool fence?
A: This depends on when your pool was built. If your pool was built before 1 August 1990 then you do not have to have a swimming pool fence as such, but the pool MUST be isolated from access from the street or from adjoining properties. The pool does not have to be separated from any residential building on the land, provided the means of access from the building to the pool is restricted at all times.
If your pool was built after 1 August 1990, then you are required to have a child resistant pool fence that complies with Australian Standard 1926-1986 “Fences and Gates for Swimming Pools”. You should contact your local PoolWerx, Healthy Pool technician or local council for further information.
Q: What are my responsibilities if I am a tenant in a property with a swimming pool?
A: Under the Residential Tenancies Act 1987, it is usually the landlord’s responsibility for providing and maintaining the premises in a reasonable state of repair, however the tenant is not to intentionally or negligently damage the premises and the tenant must notify the property manager or the landlord of any damage.
Regardless of whether you own or simply occupy a house with a pool it is your legal responsibility to ensure that the selected barrier complies with the Regulations for location and design. Ask your PoolWerx local technician.
Q: What is my local council’s role in relation to swimming pool fencing?
A: Your local council is responsible for the enforcement of the Swimming Pools Act 1992 and can advise on the standards required. Councils can grant exemptions from the requirements of the Act in certain circumstances. There is a right of appeal against a refusal to grant an exemption. For further information, contact your local council.
Q: I have a backyard swimming pool. What are some of the safety issues I need to consider.
A: Owning and operating a home pool or spa is in some respects no different from running a public pool. You are still aiming to provide a safe, clean environment for your family and friends. The major issue for you as a pool owner is children – your own, your friends and your neighbours. If you own a pool you should consider the following safety issues:
• Does your pool have suitable barriers to prevent toddlers gaining access?
• Do all gates and fences comply with Australian Standard 1926.1?
• Are all fences, gates, doors and windows in working order?
• Do you regularly maintain all protective barriers?
• Do you have any plants, objects or equipment near the fence or gate that could be used by a small child to gain access to the pool?
• Is your fence close enough to the ground that a small child could not crawl under it?
• Is your gate self-closing?
• Has this self-closing gate been propped open?
• Is the water quality healthy?
Q: What is so special about pool fencing?
A: In Australia the biggest single cause of accidental death of young children is DROWNING. The most recent statistics show that 70% of toddler drowning occurs in the backyard pool.
To ensure a consistent and uniform approach Australian standard AS 1926.1- 1993; Fencing for swimming pools was created and is now adopted by every State or Territory Government.
