Information Sheet
Safety Barriers for Swimming Pools & Spa’s
Constructed or Approved Prior to 1 May 2010
TABLE OF CONTENTS
INTRODUCTION ...............................................................................................................................................................1
DEFINITION
............................................................................................................................................................1
PREAMBLE ........................................................................................................................................................................1
MATERIALS ......................................................................................................................................................................1
BUILDING PERMITS .......................................................................................................................................................2
HEIGHT .............................................................................................................................................................................2
CLIMBABLE SURFACES INSIDE THE FENCING .......................................................................................................3
PALING FENCES .............................................................................................................................................................4
GROUND CLEARANCE ..................................................................................................................................................5
HORIZONTAL AND VERTICAL MEMBERS .................................................................................................................5
GATES ...............................................................................................................................................................................5
DOORS ...............................................................................................................................................................................6
WINDOWS .........................................................................................................................................................................6
ABOVE GROUND SWIMMING POOLS .......................................................................................................................7
PERFORATED MATERIAL OR MESH .........................................................................................................................7
RETAINING W ALL OR OTHER SUCH BARRIER ......................................................................................................7
BALCONY...........................................................................................................................................................................8
SWIMMING POOL SAFETY MAINTENANCE AND OPERATION ..............................................................................8
MAINTENANCE CHECKLIST .........................................................................................................................................9
TYPICAL EXAMPLE OF SAFETY FENCING LOCATIONS ........................................................................................9
FREQUENTLY ASKED QUESTIONS .......................................................................................................................... 10
FINES ............................................................................................................................................................................. 11
USEFUL LINKS ............................................................................................................................................................. 12
Last Updated May 2011
Introduction
All swimming pools and spas constructed or approved in Victoria on or after the 8th April
1991 and prior to 1 May 2010 must be provided with safety barriers and fences that comply with
Australian Standard AS 1926.1-1993, Swimming Pool Safety Part 1: Fencing for Swimming Pools.
All swimming pools and spas constructed or approved in Victoria on or after the 1 May 2010
must be provided with safety barriers and fences that comply with Australian Standards AS 1926
Swimming Pool Safety Part 1-2007 Safety Barriers for Swimming Pools and Part 2-2007 Location of
safety barriers for swimming pools.
All swimming pools and spas constructed in Victoria prior to the 8th April 1991 were required
to be provided with safety barriers and fences by 1 July 1997 and must comply with Division 1 Part 7
of the Building Regulations 2006. Refer to information sheet Fencing of Existing Swimming pools
and Spa’s. Safety barriers that comply with Australian Standard AS 1926.1-1993, Swimming Pool
Safety Part 1: Fencing for Swimming Pools comply with this requirement.
The intention of the above standards and regulations is to specify requirements for fences and
barriers that will restrict the access of children under five years of age to a swimming pool or spa.
Safety barriers must be erected prior to a new swimming pool or spa being filled with water.
Swimming pool fences and barriers cannot be expected to stop every child, in every situation from
accessing a swimming pool. The maintenance of fences, gates and other barriers is essential, as is
parental supervision of children. This information bulletin is aimed to assist you to more clearly
understand the requirements of the Australian Standard and is not designed to replace it or to
contain all relevant information.
Definition
A swimming pool is defined as any excavation or structure containing water and used principally
for swimming, wading, paddling, or the like, including a bathing or wading pool or spa.
Included in the definition of swimming pools are:

indoor pools

Spas that are not emptied after each use

in-ground pools

above ground pools.
Excluded from the definition of swimming pools are:

temporarily erected children’s paddling pools which are emptied after each use,

domestic spa baths which are emptied after each use,

dams and other man-made bodies of water not principally used for swimming such as
fountains, ornamental ponds and fish ponds.
The building regulations for safety fencing and barriers only apply to a swimming pool with a depth
of water of more than 300 mm.
Preamble
Swimming pool safety fencing should comprise barriers or walls of sufficient height, design and
construction, and without openings or footholds that would enable a young child to climb through or
over the fence. Gates and doors must be provided with child-resistant, self-closing and latching
devices, and if incorporating an external wall of a building, any doors and openable windows to the
pool area must be fitted with self-closing and latching devices that are child-resistant.
Materials
Any material used in the construction of a safety fence or barrier must be durable, with a
reasonable natural life expectancy, when exposed to the likely conditions of weather, pool
chemicals, pollution, decay, insects, water salt spray, etc.
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Building Permits
Building permits are required for:


a swimming pool or spa with a depth exceeding 300mm.
Installation or alteration of any safety barrier for a swimming pool or spa.
A completed building permit application form is to be lodged together with information as per
“Information to be Provided with Building Applications Swimming Pools and Spas”.
Height
Fence and gates must have an effective perpendicular height of 1.2 metres at any point on the
outside of the fencing. Projections and or indentations on the outside surface of the fencing shall not
form a substantially horizontal surface with a depth greater than 10 mm, unless they are spaced not
less than 900 mm apart and provided that the lower projections or indentations are at least 1.1 m
below the top of the fencing
Fences are only considered to have an effective height of 1.2 metres if a quadrant with a radius of 1.2
metres is clear of objects which would provide a foothold to young children. Non-climbable objects
are permitted.
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Effective Fencing Height
Perpendicular Fencing Dimension
Climbable Surfaces Inside the Fencing
Where any surfaces that could be used as foot or hand hold for climbing are permanently located
near the inside of the fencing and where the spacing between vertical members is greater than
10 mm, such surfaces shall be separated from the fencing by a distance of not less than 300mm.
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Paling Fences
Standard paling fences can be used provided that they are well maintained and a minimum height of
1.2 metres. If the railings are on the approach side of the swimming pool area, palings must be
provided on this side of the fence or other methods used to prevent children obtaining hand or foot
holds. Protection is to be provided to the rails of the paling f ence to restrict climbing over or around
the safety barrier. The protection is to extend for 1200mm on the outside and 300mm on the inside
of the of the pool/spa area respectively, each side of where the safety barrier intersects with the
paling fence.
Heavy gauge welded wire
mesh with a maximum
13mm aperture over top
and middle rails to
eliminate middle rail as a
foot or hand hold.
Rails on approach side. Vertical palings
staggered with a maximum gap of 10mm or
overlap palings to eliminate middle rail as a foot
or hand hold. Palings to be securely fastened.
Means of protection must extend 1200mm
beyond fence intersection.
At the intersection of all pool enclosure fences,
all horizontal rails to be covered 300mm
internally and 1200mm externally to prevent them
from being used as a foot or hand hold.
If boundary paling fences are to be incorporated as part of the safety barriers for a pool/spa, the
occupier of the allotment containing the pool/spa is responsible to ensure that the swimming pool is
protected, at all times, by complying safety barriers. In this regard there is no regulatory obligation on
the adjoining owners to maintain the integrity of your safety barriers. That is, if your neighbour
subsequently leaves a ladder leaning against the fence, plants trees or shrubs or builds a BBQ
against the fence, the safety barrier will most likely no longer be effective or comply with the building
regulations.
As you are relying on your neighbour to ensure the integrity of your safety barrier (the dividing fence)
it is strongly recommended that you discuss the situation of the dividing fence with your neighbour.
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The plans must show that there are no climbable objects, like trees, sheds, BBQ’s, etc., on the
adjoining properties adjacent to the boundary fence. Access to the adjoining properties may be
required at the final inspection to confirm this. If there are climbable objects, as above, you need to
provide details of the method of complying with the Building Regulations.
Ground Clearance
The distance between the bottom of a fence and ground level is not to exceed 100 mm.
Horizontal and vertical members
The following table specifies the minimum and maximum spacing of horizontal and vertical
members for a typical fence.
Horizontal Members
If located on the pool side and less than
900 mm apart
Vertical Members
10 mm maximum gaps
If 900 mm or greater apart
100 mm maximum gaps
Where the fence is for a sloping site, the distance between the top surface of the highest lower
member and the top surface of the lowest upper member at the step between panels shall be not
less than 900 mm. The distance between the top surface of the highest lower member and the top
surface of the lowest section of fencing at the step between panels shall be not less than 1100 mm
Gates
Gates must
(a)
(b)
(c)
(d)
Open outwards away from the swimming pool area.
Return to the closed position and latch. The gate is to latch from resting on the latching
mechanism to fully open without use of manual force.
Have a latch that operates automatically and cannot re-open without manual release of the
mechanism.
Have the latch located not less than 1.5 metres above ground level unless:
(i)
the latch is on the inside of the fence;
(ii)
it is necessary to reach over or through a fence at a height not less than 1.2 metres
above finished ground level, and
(iii)
be 150 mm below the fence top (no hand hole) or at least 150 mm away from edge of
any hand hole opening.
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Note: Where the latch is less than 1.5 metres above ground level it must be shielded so that
no opening greater than 10 mm is closer than 450 mm.
A hand hole shall be at least 1.2 metres from ground level.
Doors
Doors must
(a)
(b)
(c)
(d)
Be self-closing and self-latching. Doors are to return to the closed position and latch from
resting on the latching mechanism to fully open without use of manual force.
Have a latching mechanism on the internal side of the door and located not less than 1.5
metres above the floor.
Have no foot holds wider than 10 mm from within 100 mm above the floor to the height of the
latch.
Not swing into the swimming pool area. Sliding doors are acceptable provided they meet all
the other requirements.
Windows
Where the height from the sill of the lowest opening panel of the window to the pool surround is less
than 2.4 m, the openable portion of the window shall comply with one of the following requirements:
(a) Where the height from the sill of the lowest opening panel of a window to the floor is not greater
than 900 mm, then:
(i) the openable portion of the window shall be totally covered by bars or a mesh screen
which complies with the test for strength and rigidity of fence openings and the strength
test for fence components. The bars or mesh screen shall be fixed to the building with
fasteners that can only be removed by the use of a tool, e.g. a key, screwdriver or
spanner; or
NOTE: Covering a window with bars or a mesh screen limits egress from the building in an
emergency, and rescuers from entering the building.
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(ii)
(b)
(c)
windows shall be fixed in such a way that they will not open more than 100mm and
comply with the test for strength and rigidity of fencing openings.
Where the height from the sill of the lowest opening panel of a window to the floor is greater
than 900 mm but not greater than 1200 mm then the openable portion of the window shall
comply with (a) above or shall be fitted with a securely fixed fly screen.
A window not complying with Items (a) or (b) shall be located at such a height that the
distance from the floor to the sill of the lowest opening panel is greater than 1.2 m.
Above ground swimming pools
The same standard of safety must be provided for children regardless of whether the swimming
pool is in-ground or above ground; accordingly above ground swimming pool must be protected in the
same manner as an in-ground swimming pool.
The vertical wall of an above ground swimming pool can be utilised as part of a swimming pool
barrier if it is at least 1.2 metres above the ground, however, there is the added danger that a
young child, having climbed the swimming pool wall, can fall directly into the swimming pool.
Fencing will still need to be provided around features such as decking, wall bracing, filters and
ladders that provide a foot or hand hold.
A ladder into an above ground pool must be fenced to ensure that children cannot use the ladder to
climb into the swimming pool. It is not sufficient to rely on swimming pool users to remove a ladder,
or to fold up a hinged ladder, or to replace a solid cover after use. Swimming pool covers of varying
types are widely used to keep dust and leaves out of the pool or spa and to retain heat.
Pool covers should never be considered a substitute for a fence or for competent
supervision.
Perforated material or mesh
Mesh safety fences are permitted. Fencing using perforated materials or mesh with openings not
greater than 13 mm, shall have an effective fencing height of not less than 1.2 metres. Mesh
should be of a heavy gauge welded type; mesh such as chicken wire is not suitable.
Fencing using perforated materials or mesh with openings greater than 13 mm but less than 100
mm shall comply with one of the following:


The effective fencing height shall be not less than 2.4 metres.
The vertical section shall have an effective fencing height of not less than 1.8 metres, where a
cranked top is provided. The cranked top shall have openings less than 100 mm.
Fencing using mesh shall include a strainer
wire or rail at the top and bottom of the
fencing.
Fencing using perforated materials with
openings greater than 100 mm is not
permitted for swimming pool safety barriers.
Retaining wall or other such barrier
Where a vertical or near vertical retaining wall, or other such barrier, not less than 1.2 metres high is
constructed on the low side of the pool, a fence complying with Australian standard is not required
on top of the wall.
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Where a vertical or near vertical retaining wall, or other such barrier, not less than 2.4 metres high is
constructed on the high side of the pool, a fence complying with Australian standard is not required
on top of the wall. A fence which will prevent people from falling off the retaining wall should be
installed on top of the wall.
Projections, gaps or indentations into the outside surface of the retaining wall, or any combination of
projections and indentations, shall not form a substantially horizontal surface with a depth greater
than 10 mm, unless they are spaced not less than 900 mm apart
Balcony
Where a balcony projects into a pool area, and where the distance from the balcony to the pool
surround is less than 2.4 metres, and where windows and doors to the balcony do not comply with
the requirements for windows and doors, the balcony shall include a balustrade which complies with
the requirements for a swimming pool safety fence.
Swimming Pool Safety Maintenance and Operation
The Building Regulations have introduced maintenance and operation provisions to ensure that
components of any barrier or safety equipment is adequately maintained and operational. (Refer
Building Regulation 1220 of the Building Regulations 2006.)
(1)
The occupier of an allotment or building containing a swimming pool or spa must take all
reasonable steps to ensure that any fence or other barrier, door, gate, lock, latch, catch, bolt or
fly screen restricting access to the swimming pool or spa is maintained and operating
effectively at all times.
Penalty: 50 penalty units.
(2)
The occupier of an allotment or building containing a swimming pool or spa must take all
reasonable steps to ensure that any gate or door forming part of a swimming pool barrier or
fence that provides access to the swimming pool or spa is in the closed position except when a
person is in the act of entering or leaving the part of the allotment or building containing the
swimming pool or spa.
Penalty: 50 penalty units.
(3)
A person who enters or leaves the part of an allotment or building containing a swimming pool
or spa must ensure that any gate or door forming part of the swimming pool or spa barrier or
fence that provides access to the swimming pool or spa is in the closed position at all times,
except when that person or another person is in the act of entering or leaving that part of the
allotment or building.
Penalty: 50 penalty units.
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Maintenance Checklist
The following should be included as part of a safety checklist for maintaining your safety barriers:







Maintain gates and fences regularly.
Maintain correct safety measures to gates, doors and windows such as self-closers, latches,
fly screens, catches, and bolts by adjusting as required to keep in good working condition.
Make sure no tree branches, pot plants, or other items that could be used to climb the barrier
to access the swimming pool or spa are within a 1.2m radius of the outside of the safety
barrier or within 300mm of the inside of the safety barrier.
Make sure that any chairs, boxes, pool pumps, or other items that could be used to climb the
barrier to access the swimming pool are removed.
Make sure any fences (especially timber paling fences) are in good repair and non-climbable.
Make sure all gates and doors that provide access to the swimming pool or spa are closed at
all times, except when entering or leaving the area.
Make sure that the neighbours’ properties adjoining your swimming pool or spa area have no
potential hazards or climbable objects.
As the owner and/or occupier of a home you are responsible for taking all reasonable steps to
ensure that any fence or barrier restricting access to a swimming pool or spa area is maintained and
operating effectively.
Typical examples of safety fencing locations
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Frequently asked questions
1.
What if I have an above-ground swimming pool or spa?
The walls of an above-ground swimming pool or spa provide a barrier if they are at least 1.2m
in height and do not have a surface which enables a child to gain a foothold and climb into the
swimming pool or spa. Any objects that could be climbable by a young child, such as a pool
ladder, pool filter and pump equipment will still need to be properly fenced.
2.
I have recently purchased a house where there is no fence around the swimming pool or spa.
Whose responsibility is it to install a fence?
As the new owner you are responsible for ensuring that the safety barrier is provided. If you
own, or are purchasing a home with a swimming pool or spa, and are not sure that the
swimming pool or spa fence or barrier complies, check with a private building surveyor or your
local council building surveyor.
3.
I have recently purchased an inflatable swimming pool. Does it require fencing?
An inflatable swimming pool, which is capable of containing a depth of water greater than 300
mm, requires a safety barrier. This may be typical swimming pool fencing, boundary fencing
with additional consideration and/or treatment to gates, fences etc, the walls of the house with
additional consideration and/or treatment to doors and windows etc, or any combination of
these.
4.
I have recently installed a cover over the swimming pool or spa. Does it comply with the
legislation?
No, the placing of a cover or lid over the swimming pool or spa does not comply and is not
acceptable. You are required to provide a safety barrier/s.
5.
How do I know if the barrier around my swimming pool complies with the law?
Council’s building surveyor can provide you with advice at the Lilydale office or over the phone.
Alternatively you can arrange for a private building surveyor to inspect your property and
provide you with further written details of what is required for compliance usually on a fee for
service basis.
6.
I have a door way leading into a pool area, and the opening contains a solid door as well as a
fly wire door. Which door must comply with the Regulations?
It is only necessary to fit child-resistant door furniture to one of the doors. In choosing which
door, you must ensure that access will be restricted to the pool area, and that the door chosen
opens inwards away from the pool area. In the case where the door chosen is a screen door,
the door should be of solid construction such as a security door with securely fitted fly wire.
The door must be fitted with a self closing device and kept closed and latched or locked at all
times, except when a person is in the act of entering or leaving the pool area.
Fines
The Building Regulations 2006 prescribe a fine of up to $5,000 that could be imposed on an owner or
occupier who fails to comply with the swimming pool or spa safety barrier requirements. Local
councils are responsible for enforcing the Building Regulations and can issue a $200 on the spot fine
for certain breaches.
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The Building Act 1993 contains penalties of up to $10,000 for failure to carry out work in accordance with
the Regulations. An example of non-compliance may be failure to install or maintain self-closing or selflatching devices. Furthermore, it is an offence to prop open any gate or door that provides access to a
swimming pool or spa area.
Useful Links
Kidsafe
Building Commission
Fencing on Line
Royal Life Saving Society
Swimming Pool & Spa Ass
Play it Safe
http://www.kidsafe.com.au/factsheets.htm
http://www.vba.vic.gov.au
http://www.fencingonline.com.au
http://www.rlssa.org.au/vic
http://www.spasa.org.au/factsheets/fact2.ht
ml http://www.watersafety.vic.gov.au
This information bulletin has been prepared to assist you to understand the main requirements for
swimming pool fencing and/or barriers when you are proposing to construct a swimming pool or spa.
The building regulations refer to AS 1926.1 and specific information should be obtained from this
document. To the best of our knowledge the information contained in this information bulletin is true
and correct however Yarra Ranges Shire Council take no responsibility for loss resulting in
relying on this document.
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