pools, spas & safety barriers
Safety barriers are required for swimming pools or the like, with the capacity to hold 300mm or more of water.
The builder on the building permit must submit a BA7 Notice of Completion to the City of Vincent within seven (7) days of the completion of the work.
It is the owner that must ensure a private swimming pool/spa that contains water more than 300mm deep has a compliant safety barrier.
The owner should schedule an inspection of the private swimming pool safety barrier after completion of the pool containing water.
Book your inspection
We inspect pool and spa barriers to help keep our community safe. If you own or live in a house with a pool or spa, you will receive a letter or email to let you know when an inspection is needed.
To book an inspection at a time that suits you, please use our online booking system below.
Book your inspection
After the initial compliant Swimming Pool/Spa Safety Barrier inspection, the City is mandated to inspect once every 4 years to check compliance.
When a permit is required
A building permit is required and must be obtained before installation for swimming pools, portable/inflatable pools and spas.
You will need to apply for a building permit to construct fences that would form part of a safety barrier if they:
- also act as a fall protection barrier (balustrade), or
- are not constructed in accordance with a relevant local law, or
- are constructed of masonry and over 0.75m in height, or
- are constructed of a material other than masonry and over 1.8m in height.
For more information, please see the fact sheet from the Department of Local Government, Industry Regulation and Safety (LGIRS).
Penalties
Under the Building Regulations 2012, the City can issue an infringement of $1,000 on the owner or occupier of a property for a failure to provide a pool safety barrier around a private swimming pool or spa.
In addition, a fine of $5,000 can be imposed by the Magistrates Court if owners/occupiers are successfully prosecuted by the City.
Safety barrier standards
The standards applicable for the swimming pool/spa safety barrier is dependent upon the date of approval for the swimming pool/spa.
November 2001 & Pre-May 2016
Pools or spas installed on or before 5 November 2001 must not include a door as part of the safety barrier unless the door restricts access to the private swimming pool/spa. Doors are permitted to lead directly into the pool area but must be compliant with the Australian Standard 1926.1 - 1993.
Pools or spas installed on or after 5 November 2001 are required to have an isolation fence and an approved fence or gate between any door and the private swimming pool/spa area.
A private swimming/spa pool installed installed on or after 1 May 2016 complies with
- Australian Standard AS 1926.1-1993 Part 1: Fencing for swimming pools [incorporating Amendment No. 1 only] (AS 1926.1-1993).
Owners of pre-May 2016 pools have the option of complying with the post-May 2016 requirements if they so choose.
Post-May 2016
Private Swimming Pool/Spas approved after 1 May 2016 require the safety barriers to comply with
- the Building Code of Australia (BCA);
- Australian Standard AS 1926.1-2012 – Part 1: Safety barriers for swimming pools (AS 1926.1-2012) and
- AS 1926.2-2007 – Part 2: Location of safety barriers for swimming pools [Incorporating Amendment Nos 1 and 2] (AS 1926.2-2007) as the minimum technical requirements that apply to the safety barrier.
An isolation fence must have an approved fence or gate between any door and the private swimming pool/spa or spa area (no door is allowed to lead directly into the pool area). Windows may be used providing they comply with the requirements of AS 1926.1-2012.
Types of Inspections
Owners and occupiers will be sent correspondence when their Swimming Pool/Spa Safety Barrier is to be inspected.
Regulation 53(1) of the Building Regulations 2012 Mandate inspections of no more than 4 years of private swimming pools/spas
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Non Compliant Safety Barriers
Regulations 53(2)(b) Building Regulations 2012 – non-compliant safety barriers must be re-inspected within 60 days after day of inspection.
If your private swimming pool/spa safety barrier is deemed non-compliant, we will work with you to ensure the safety barrier is modified or improved to comply with regulations and standards.
Regulations 53(2)(a) Building Regulations 2012 – safety barrier to new private swimming pool or a safety barrier that has never been inspected must be inspected no more than 30 days after the City becomes aware of the uninspected pool safety barrier.
If you are planning to install a swimming pool/spa on your property, you can book a preliminary inspection to talk through the safety barrier requirements on the proposed area intended for the swimming pool/spa.
Fees
Initial Fee
An initial inspection fee of $218 will be incurred once the City receives a BA7 (Notice of Completion) or when the City received notification of completion. The owner will be sent correspondence that the Swimming Pool/Spa Safety Barrier inspection is due along with an invoice for the fee.
Annual Levy
A Swimming Pool levy will be added to rates once the initial Swimming Pool/Spa Safety Barrier Inspection has been completed. The levy is broken up into each year on the rates.
The yearly rate is $62.
All re-inspections are incorporated into the fees.
The charge is payable by each pool owner regardless of whether an inspection was carried out on their property in that year.
Removing your swimming pool or spa
Pool owner must ensure:
- Any backfill is properly compacted. To prevent potential future issues (particularly if the property owner wishes to build on this land later), it is recommended that a professional structural engineer certify the compacted fill. A compaction certificate is to be submitted to the City to be placed on the property file.
- The removal of the pool and any subsequent compaction of fill will not impose any loads on adjoining buildings or structures, and neighbouring properties.
- Only clean non-toxic soil endemic to the site must be used to backfill the excavation.
- When emptying a pool consideration needs to be given to the appropriate disposal of the water, such as disposal by a licensed liquid waste contractor. Under no circumstances should water be emptied into or be allowed to enter the following:
- Water Corporation sewer system;
- City's stormwater drainage system;
- Discharged off-site.
If the pool or spa is in excess of 40m2 in area, an Application for a Demolition Permit (BA5) is required.
A below-ground pool located less than the depth of the deepest end away from boundaries may require a BA20 and/or a BA20A form to be signed by the adjoining property owner prior to the pool being removed from site.
The City's Pool Inspector will inspect the property after the pool or spa has been decommissioned or removed.
A compliant safety barrier is not required while the pool or spa is decommissioned/removed.
A pool or spa will be removed from mandatory inspection once the pool or spa is confirmed to be removed and the inspection levy will be removed from the rates. If the pool is only decommissioned (water removed), the pool will be kept on the mandatory list to be reviewed for inspection.