Council Urges Private Pool Owners to be Vigilant
Griffith City Council is reminding all private pool owners that home pool fencing and effective supervision can reduce tragic drowning deaths to zero.
Council’s Director Sustainable Development, Neil Southorn said over the last ten years, more than 330 Australian children under the age of five drowned.
“50% of these deaths have occurred in home swimming pools,” said Mr Southorn.
“While all drowning deaths are preventable, it is incidents which occur in home swimming pools where your immediate action and vigilance can be the difference between life and death.”
The Swimming Pools Act 1992 describes a swimming pool as an excavation, structure or vessel:
-that is capable of being filled with water to a depth of greater than 300 millimeters
- that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used for the purpose of swimming, wading, paddling or any other human aquatic activity.
Under the Swimming Pools Act 1992 all swimming pools are required to be fenced with a child-resistant barrier. The fence/barrier has to meet the requirements of Australian Standard AS 1926-1 (National Construction Code). This includes portable swimming pools and spa pools.
Under the Act a pool has to be fenced by a suitable child-resistant barrier separating the pool from the house and adjoining properties and public spaces at all times. The outside fence must be at least 1200mm high all the way around the perimeter. In cases where boundary fences form part of the swimming pool barrier, a height of 1800mm is required.
“We would like to remind residents when maintaining your swimming pool fences and gates there are to be no gaps greater than 100mm between the bottom of the fence and the ground and all vertical rails are also to be no more than 100mm apart,” he said.
“The distance between any potential footholds and handholds on the pool fence and its associated space is to be no less than 900mm within the non-climbable zone (NCZ) of the pool fence to inhibit a young child from climbing over it.
The gate needs to swing freely, close and latch by itself from any open position, including resting on the latch, as well as open outwards (away) from the pool. The pool fence is required to be clear of any objects such as hedges, BBQs, trees, rocks, shrubs and chairs etc. that could enable a small child to climb over it. Taking these measures can make a real difference when dealing with pool safety and removing the potential for drowning accidents.”
From 29 April 2015 property owners will need a pool compliance certificate to sell or lease their property, including units. The body corporate or strata manager will hold the compliance certificate on behalf of all unit holders and make it available to pool owners when or if required.
“Pool fencing is a legal requirement and significant penalties of up to $5,500 can be imposed if your swimming pool does not comply. Pool owners should regularly check their swimming pool throughout the year, especially in the months leading up to summer,” said Mr Southorn.
“Currently Griffith City Council is carrying out mandatory inspections throughout Griffith and the surrounding areas and we are finding 90% of swimming pools are non-compliant. It is imperative that pool owners maintain their pools and complete periodic checks of gates/latches etc to maintain the integrity of the barrier. Pool safety can never be taken for granted.”
For further information about the mandatory checks and pool compliance, please contact Councils Building Surveyor, Miss Katie Lucantonio on 69628100.
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Questions and Answers
- Why is it compulsory to have a swimming pool fence when farmers can have a dam that is not required to be fenced?
- Under The Swimming Pools Act 1992 a dam is not classified as a “swimming pool” and is not required to be fenced regardless of land zoning.
Q. I have a fish pond in my front/back yard that is over 300mm deep, do I have to fence it?
A. No a fish pond is not classified as a pool under the Swimming Pools Act 1992.
- Do I need an approval/consent for a portable above ground pool purchased from Big W, Target etc and do I need to fence it?
- You need to obtain development consent for the use of a swimming pool regardless if it is removable or not if it is over 7000 litres. You are by law required to maintain a suitable child resistant barrier and follow the same rules as a permanent fixed swimming pool.
- Why do I have to pay for a swimming pool compliance certificate if it is compulsory?
- Under the Swimming Pools Act 1992 a local authority must inspect swimming pools in its area in accordance with its program. The fee Griffith City Council charges is $100 which covers the cost of the inspection and the swimming pool compliance certificate valid for 3 years. Council may charge a fee for an additional follow up inspection as required.
- Why aren’t I allowed to have shrubs, bushes, hedges, BBQs, pots, etc. within 900mm of the swimming pool fence?
- 900mm is the minimum non-climbable zone for a child to obtain a foot hold and climb a fence.
Q. Is a ‘spa pool’ classed as a swimming pool?
- A spa pool is classified as a swimming pool under the Act.
