Southern Drive, Busselton WA 6280
All Correspondence to: The Chief Executive Officer,
Locked Bag 1, Busselton WA 6280
Ph: (08) 9781 0444 – Fax: (08) 9752 4958
Email: [email protected]
Web: www.busselton.wa.gov.au
GUIDE TO SWIMMING POOL FENCING
The following questions and answers have been compiled by the City of Busselton
Building Services Department to assist pool owners to understand the pool fencing
requirements applicable to their pool.
The questions that are most commonly asked by pool owners have been included,
however if you have any additional queries please contact Building Services on 9781
0483.
What is the definition of a private swimming pool?
A swimming pool is a place or premises provided for the purpose of swimming, wading or
like activities and to which the general public are not permitted access. This includes both
below and above ground pools and spa pools that normally remain full of water.
When does my pool need to be fenced?
Your pool is required to be fenced prior to the pool being filled with water, more than
300mm deep.
Who needs to check the pool fencing and when?
A City Swimming Pool Inspector is required to inspect the fencing prior to the pool being
filled with water. The owner/applicant is to contact the City of Busselton in order that the
pool can be inspected to ensure compliance with the appropriate regulations.
Do I need to fence an above ground pool?
If the walls of the pool comply with the requirements of a pool fence under the Australian
Standard, an additional fence is not required. However, any steps or supports to the pool
will need to be fenced.
Do pool filters, trees and other climbable objects affect my fencing?
Yes, if they are located outside the fence within a 1.2 m radius from the top of the fencing
and reduce the safety of the fence, they need to be removed, relocated or adapt the fence
to suit. Horizontal climbable objects / surfaces inside the fence must be at least 300mm
away from the fence.
Do I need to put a fence around my swimming pool?
Yes. In all cases a swimming pool is required to be fenced to restrict access from the street
and adjoining properties. If the pool was installed after the 1 July 1992, you need a fence
between the house and the pool.
Swimming pools installed after 5 November 2001 have the same requirements for
fencing as the post 1 July, 1992 pools except that doors from the house cannot give
direct access into the pool area.
Where do I need to put the fence?
a)
b)
c)
For pools installed prior to 1 July 1992, the fence only needs to be installed on the
boundaries of the property and also located to restrict access from the street. A fence
between the house and the pool is not necessary for these pools, however, isolation
fencing is also acceptable and encouraged.
For pools installed after the 1 July 1992, access between the house and the pool is
required to be restricted by a fence as well as by the boundary fencing. To satisfy
these requirements, you may completely isolate the pool with fencing.
For pools installed after 5 November 2001, access between the house and the
pool is also required to be restricted by a fence as well as by the boundary fencing.
The wall of the house can still be used as part of the barrier as long as it does not
contain a door, the wall can still contain windows as long as they are restricted as
detailed in this brochure.
The Local Authority may exempt a new Pool Owner from requiring isolation
fencing if the pool is accessed by a person with a disability that resides at the
premises. A pool owner requesting an exemption must be able to produce a
certificate issued by ACROD Ltd, (Western Australia).
What height does the fence have to be?
The overall minimum height of fencing for all pools is 1200mm with a clear distance of
900mm between any horizontal surfaces.
What side of the fence do I measure the height from?
The height of the fence, between the house and the pool, is measured on the house side of
the fence. If the fence surrounding the pool is a boundary fence, you may measure the
height on either side.
What materials can you use to construct the fence?
Any durable material that satisfies the strength requirements of the Australian Standard
and is not climbable. Materials such as timber, steel, fibre cement or a combination of
these can be used.
What is the maximum gap between the vertical palings of the fence?
The maximum gap is 100mm, however, if you have horizontal supports on the fence,
closer than 900mm apart, the maximum distance is 10mm.
What is the maximum gap between the fence and the ground?
100mm is the maximum distance between the fence and the ground. Please note that the
ground surface under the fence and gate needs to be suitably stabilised. (Materials such
as wooden sleepers, brick paving, etc can be bedded into the soft ground).
Can I have projections of footholds in the fence?
Projections or footholds, greater than 10mm in depth can not be incorporated in the fence
unless they are separated, as shown in the diagram at the back of this brochure.:
Does a gate that provides access into a pool need to be designed to restrict children
from entering that area?
Yes. Pool gates must be designed to be self closing and self latching and not open with
outside forces applied to the gate, such as children standing on the bottom of the gate.
Some types of mechanical latch adjustments need to be checked on a regular basis,
ensuring that the latch will not release when downward pressure is applied to the gate.
Please ensure that there is a locknut on the adjustor that is tightened after the
adjustments are made, so that it cannot loosen with regular use.
What direction does my gate need to swing?
If the pool was installed:
•
•
prior to the 28 July 1989, the gate can open in any direction
after the 28 July 1989, it can only open in an outwards direction away from the pool
enclosure.
What height does my gate need to be?
Generally, the minimum height of a gate is 1200mm.
That can the gate be constructed of?
Any durable material that is not climbable. Materials such as steel, timber, fibre cement or
a combination complying with the Australian Standard. It also needs to be strong enough
to resist wind loads and live loads, ie. people climbing the gate.
What is the maximum gap between the bottom of the gate and the ground?
The maximum distance is 100mm and the ground under the gate must be stabilised.
Do I need a latch on the gate?
Yes. If the gate leads into the pool area the latch must be of a self latching type that is
manually released.
On what side of the gate does the latch have to go?
The latch needs to be located on the pool side of the gate if the latch is lower than
1500mm from the ground.
What height does the latch release need to be above the ground?
1500m if the latch is released from the top of the gate or 150mm minimum below the top
of the gate if the latch is lower than 1500mm from the ground and it must be located on
the pool side of the gate and shielded .
Does the gate need to be self closing?
Yes. Where a gate provides access into a pool area, the gate is required to be self closing.
Where does the gate need to self close from?
The gate should close from any open position.
Do doors from sheds or garages need to comply with these requirements?
Yes. But only where the shed is incorporated as part of the barrier and access is possible
through the shed into the pool area. FROM THE HOUSE:
Do I need to restrict access to the pool from the house?
If the pool was installed after the 1 July 1992, you are required to provide a barrier
between the house and the pool. If it was installed prior to the 1 July 1992, it is not
necessary.
Do windows need to be altered?
Yes. If the window of the house opens onto the pool area and the window is less than
1200mm above the finished floor level of the house (only applicable to pools installed
after 1 July 1992).
How can I make the windows comply?
If the window is less than 900mm above the floor you can either:
a)
b)
c)
Install security screens on the windows.
Install grills to the windows (100mm maximum gap between the bars).
Restrict the window to being openable to a maximum of 100mm. (Note: locks
operated by keys cannot be used).
General Note: Option c) cannot be used if it interferes with the natural ventilation
requirements of the room.
If the window is between 900mm and 1200mm above the floor, you may provide a
securely fixed flyscreen to the window frame (or one of the above solutions).
Do doors need to be altered?
Yes. If the door leads from the house directly into the pool area.
How can I make a door comply?
You need to ensure the following:
a)
b)
c)
d)
The door is self closing.
The door is self latching.
The latch is 1500mm above the floor.
The door is not climbable ie. Footholds.
Please note: doors from the house cannot be used for access into the pool area if the
pool was installed after 5 November 2001, unless a Building Permit for the pool
was applied for before that date.
POOL BARRIER METHODS:
LEGEND
Swimming Pool Conditions of Approval
A suitable barrier shall be erected around the swimming pool to restrict access by young
children under the age of 5 years.
Where that barrier includes a building with windows, the window must comply with
Australian Standard 1926.1.
Gates may only open away from the pool, gates shall be self-closing and self-latching from
any position, without the application of a manual force.
Private swimming pool safety fencing and gates must be completed in accordance
with Part 50 of the ‘Building Regulations 2012’. It is a requirement that prior to
more than 300mm of water being placed in the pool. That all safety barriers are in
working order and that an inspection may be carried out by the City’s Building
Services Department.
Penalty for non-compliance may, where convicted, result in a fine of $5000 and $250 for
each day that the offence continues.
Attention Owner/Builders
The swimming pool/spa must be fully fenced (approved safety fence) prior to being filled
with more than 300mm of water.
Failure to ensure the fence(s) and/or gates are in compliance with the State Government
Swimming Pool Legislation (AS 1926.1 - 1993) will result in an infringement notice being
served on the property owner or occupier. (Penalty $100)
If the swimming pool fence(s) and/or gates do not comply after 28 days notice, the City
Solicitor will be advised to commence proceedings. Penalty for non-compliance may,
where convicted, result in a fine of $5000. Your co-operation is requested in order to
avoid this course of action.
It is your obligation and responsibility to ensure that all swimming pool fences and safety
gate mechanisms are properly installed and maintained at all times.