Pool Safety and Inspections

Ensure the safety of your family and loved ones by staying compliant with pool and spa safety requirements. As part of its responsibilities, the Shire of Murray is legally required to inspect pool and spa barriers to help prevent accidents.

All private swimming pools and spas capable of holding water more than 300mm deep must have a compliant safety barrier in place. This barrier is designed to restrict young children's access to the pool, spa, and surrounding area, helping to prevent potential drowning hazards.

Private swimming pools and spas include:

  • In-ground and above-ground pools (including inflatable and portable pools)
  • In-ground and above-ground spas
  • Bathing or wading pools

If you own a pool or spa, it's important to ensure that your barrier meets current safety standards. The Shire of Murray conducts inspections to help keep our community safe.

Pool Safety Tips

Most drowning incidents can be prevented with proper supervision. Here are some important safety reminders for all pool and spa owners:

  • Supervision is key: Always supervise children when they are in or around the pool or spa. Supervision means being constantly present and actively watching.
  • No child should be left alone: If you need to go inside, take your child with you. Never leave children unsupervised in or near the pool or spa, even for a moment.
  • Adults are responsible: Children cannot supervise other children!
  • Regular maintenance: Regularly inspect and maintain your pool and spa safety barriers to ensure they remain in good working condition.
  • Encourage swimming lessons: Enrol children in swimming lessons as early as possible. Early education in water safety can save lives.

Design and construction

Fencing Height, Openings, and Ground Clearance

The pool barrier must be a permanent structure, at least 1200mm high, and free from sharp edges or hazards.

  • Openings: Gaps of 13mm or less are unclimbable. Gaps greater than 13mm but less than 100mm require a fence height greater than 1800mm.
  • Ground Clearance: The gap between the finished ground and the lowest part of the fence must not exceed 100mm, with stable ground around the barrier.

Materials

  • Fencing can be constructed from any material, so long as it is durable and complies with Australian Standard 1926.1-2012. If there are concerns that the material used may not meet the required standards, the Shire may request a copy of a test report to confirm its compliance.

Indentations and Projections

  • Any indentation, projection, or gap larger than 10mm could be considered climbable. To prevent this, a wedge or fillet with an angle of at least 60 degrees to the horizontal may be installed on most projections, ensuring it is flush with the surface of the fence or wall behind it.

Boundary Barriers (Dividing Fences)

If a dividing fence or front fence forms part of the boundary barrier, it must meet the following requirements:

  • The fence must be at least 1800mm high on the inside of the barrier.
  • A 900mm non-climbable zone (NCZ) must be provided, measured from the top of the fence on the inside of the barrier.
  • Alternatively, the non-pool side of a boundary barrier may be used, provided it is at least 1800mm in height and complies with NCZs 1, 2, 3, and 4 (refer to Diagram 15). Generally only approved when a boundary fence adjoins a road or other open space.

Above Ground Pools or Spas

The walls of an above ground pool or spa can be used as the safety barrier if they are at least 1200mm in height and free from climbable projections or indentations. Additionally, a fence and gate that complies with Australian Standard 1926.1-2012 must be installed around the designated access point to the pool or spa.

Horizontal Surfaces (Including Rods, Braces, and Hinges)

Horizontal surfaces, such as rods, braces, or hinges, must comply with the following:

  • If the gaps between vertical members exceed 10mm, and the horizontal rails are accessible or located on the outside of the fence, the horizontal surfaces must be spaced at least 900mm apart.
  • Where applicable, a 900mm non-climbable zone (NCZ) must be provided within the vertical height of the barrier.

Vertical Members

  • The spacing between vertical uprights must not exceed 100mm.
  • Vertical members must be strong, rigid, and offer minimal flexibility.

Gates and Fittings

Gate Construction

  • For pool or spa gates with diagonal bracing, the gaps between the uprights must not exceed 10mm.
  • For double gates, both gates must self-latch independently, or one gate must be permanently fixed in a closed position.

    Direction of Opening

    • Gates must open away from the pool or spa area.

    Automatic Closing Device

    • All gates providing access to the pool or spa area must be equipped with an automatic closing device that ensures the gate returns to the closed position. The device must also operate the latching mechanism from all positions including resting againts the lach without requiring manual force.

    Gate Latching Device Location

    • Gate latch activation point must be positioned at a minimum height of 1500mm from the finished ground level and at least 1000mm above the highest lower horizontal member of the gate. Alternatively, the latch may be located on the inside of the gate.
    • If the latch is on the inside, it must be placed no higher than 150mm below the top of the gate and be shielded to prevent any opening greater than 10mm between the top of the gate and a 450mm radius from the latch, extending downwards.
    • Any hand-hole to operate the latch must be positioned at least 1200mm above the ground level and no lower than 150mm above the latch release.

    Pool Access Windows and Doors

    Windows

    Windows as Part of Pool or Spa Barriers

    • A window may be included as part of a pool or spa barrier, provided it complies with the requirements of Australian Standard AS 1926.1-2012.

    • The lowest openable section of the window must be positioned higher than 1800mm when measured from the inside of the pool or spa barrier. Alternatively, a fixed security screen or a device that limits the window’s opening to no more than 100mm must be installed. Examples include a self-tapping screw, a fixed block for a sliding window, or a chain for an awning window.

    • Key-locking devices are not acceptable. The stopping device must be a permanent fixture.

      Doors

      (For Pools and Spas Approved Prior to 5 November 2001)

      • A door may be used as part of a barrier if the pool or spa was constructed, installed, or approved before 5 November 2001.

      • The door must be equipped with a self-closing and self-latching mechanism that ensures the door will close and latch automatically from any position. The latch release must be located no less than 1500mm above the inside floor level. In the case of double doors, both doors must self-latch independently, or one door must be permanently fixed in a closed position.

      • The doors must be non-climbable and constructed from durable, sound materials.

      • Nylon or fibreglass flywire are not acceptable for pool barrier doors. Sliding doors must be designed so that they cannot be lifted out of their track.

      • Automated garage doors or perimeter gates do not meet the regulatory requirements for pool and spa barriers.

      Temporary Fencing

      When a swimming pool or spa is being installed, or if a pool or spa barrier is damaged, temporary fencing must be provided to prevent access to the pool area. The temporary fencing should be non-climbable, extending from the ground to the top of the fence to a minimum height of 1200mm.

      Alternatively, a climbable fence (construction fence) with a minimum height of 1800mm may be used.

      This is a temporary measure only, and permanent barriers must be installed before the pool or spa can be used. Please ensure that adequate fencing is always in place during the installation or repair process.

      Pool/Spa Covers

      A cover, even if lockable, placed over a swimming pool or spa does not meet the barrier requirements set out under the regulations and the applicable barrier standards. When the cover is removed, there is no effective barrier in place.

      • The barrier must be a permanent, compliant structure that continuously restricts access to the pool or spa area, ensuring young children cannot enter the area at any time. A pool or spa cover is not a substitute for a proper, compliant barrier.

      Image of Spa Cover

      Inspections and Enforcement

      The Shire of Murray is legally required to inspect swimming pool and spa barriers to ensure they meet safety standards and always remain compliant. These statutory inspections include:

      • Inspecting all pool/spa barriers at least once in every 4 year period.

      • Conducting an initial pool/spa barrier inspection within 30 days of construction or installation.

      • Re-inspecting non-compliant pool/spa barriers within 60 days of being found non-compliant.
      • Pool inspectors are authorised under the entry power provisions of the Building Act 2011 to enter your property and conduct these inspections.

      • If you have been notified by the Shire that an inspection is required, and you wish to schedule an appointment, please contact (08) 9531 7777.

      • On-the-spot penalties of $1,000 apply to property owners or occupiers who fail to correctly enclose a swimming pool or spa in accordance with the Building Regulations 2012.

      • If a building or demolition contractor removes a swimming pool or spa safety barrier during construction or demolition work, they are required to provide a compliant temporary safety barrier for the pool or spa.

      Decommissioning and Removal

      What constitutes decommissioning?

      Decommissioning refers to the process of removing the elements that make a structure a swimming pool or spa. This can be achieved through complete removal or by eliminating the structure’s ability to contain more than 300mm of water. A recommended method is to cut a 1m x 1m hole in the deep end of the pool or spa and disconnect any associated filtration systems.

      The key requirement is that the pool or spa must no longer be able to hold water.

      Considerations for Winter Months

      Even after decommissioning, a pool or spa can collect rainwater during the winter months, potentially accumulating to a depth greater than 300mm.

      To avoid this, a compliant safety barrier must remain in place, or the hole must be maintained to always ensure adequate drainage.

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      Ongoing Inspection

      A decommissioned pool or spa will remain listed on the Shire of Murray’s register and will be subject to inspections at intervals of no more than four years.

      Recommissioning a Pool or Spa

      If the property owner wishes to recommission the pool or spa at any time, they must ensure that a compliant safety barrier, meeting the latest Australian Standards, is in place and inspected before the pool or spa is refilled with water.

      A new Building Permit may also be required for recommissioning.