Pool Fencing
The 1991 Pool Fencing Legislation requires that all owners of swimming pools for houses, flats and home units install and maintain a pool fence. These minimum requirements apply to both pools and spas.
Before Building a New Pool, an Owner Must
- Get approval from their local council or private building certifier for the new outdoor pool and pool fence by submitting plans for the pool and fence at the same time
- Ensure that the completed pool and pool fence comply with approved plans
Approval for the new pool may be refused if the pool fence does not comply with relevant provisions of the Standard Building Regulations 1993.
The owner of the residential land is responsible for installation and maintenance of the swimming pool fence and gates even if they rent the premises to a tenant. However, the body corporate is responsible in the case of rented dwellings or units with a swimming pool onsite and operated by the body corporate. Tenants should approach their body corporate, real estate agent or landlord if uncertain whether the pool fence and gate complies with the standard and should approach their local council if no adequate action is taken.
A compliant pool fence must be erected before the pool is intentionally filled with water up to a depth of 300mm. Young children have drowned in as little a 5cm of water - a light shower of rain in a new pool can present a serious drowning hazard. A temporary fence erected during construction may restrict access by young children. The pool must not be filled with water until the final inspection of the pool and the pool fence has been conducted by the local council inspector or private building certifier and found to be satisfactory.
A compliant pool fence must meet certain legal requirements or it will be unsafe and the owner fined or prosecuted
- The outside of the pool fence must be at least 1.2m high all the way around it so that a small child cannot climb over it
- The bottom of the pool fence must be less than 10cm off the ground all the way around the pool so that a small child cannot get under it
- The vertical or near vertical palings must be less than 10cm apart so that a small child cannot slip between them
- All horizontal or near horizontal fence railings must be more than 90cm apart so that a small child cannot step from one rail to another
- The pool fence must be 1.2m away from any objects (e.g. BBQs, trees, rocks, shrubs, deckchairs) that could help a small child climb over the fence
Unfortunately only 50% of pools in Queensland have a pool fence that complies with Pool Fencing Legislation.
Pool Fence Gates Must
- Be self-closing and self-latching
- Open out from the pool enclosure
- Have a latch operating mechanism at least 1.5m above the ground or shielded as required by the Australian Standard AS1926.1 1993.
An above ground swimming pool also requires fencing if the walls are less than 1.2m high all the way around the pool. The walls must be non-climbable with no indents or projections and there must be no climbable objects within a 1.2m radius of the wall.
Features that a small child can climb onto and which may assist them to gain access to the pool require a complying fence around them including
- Decking
- Wall bracing
- Sloping ground
- Filters
- Ladders, fixed or removable.
Fencing Must be Located Around a New Pool so
- The swimming pool is isolated from adjoining lands
- Direct access to the swimming pool is prevented from all buildings including the house, home units or flats.
Any window forming part of the pool enclosure must be enclosed with a fixed grill or located 1.2m above the internal floor or with its opening limited to not more than 10.5cm. If there is an external height of more than 2.4m the window does not need to be modified. Toddler drownings are almost 4 times more likely to occur in an unfenced pool and almost 6 times more likely to occur when the fencing does not isolate the pool from the house. The best way to isolate drownings is to erect a 4 sided pool fence where the house is outside the fenced enclosure.
A boundary fence can be used as part of a pool fence where
- It complies with the Standard Building Regulations 1993 and council laws for pool fences
- There is a clear space of 1.2m on the neighbour's property when the fence is erected.
Once the outdoor pool and fence have been constructed, pool fences need to be kept compliant with Pool Fencing Legislation by
- Ensuring that gates self-close and self-latch without the need to slam the gate shut
- Keeping gates securely closed at all times
- Not propping the gate open for any reason
- Never placing climbable objects near the pool fence
- Checking the pool fence regularly for wear and tear
- Clearly displaying a sign outlining CPR, First Aid and Pool Safety Guidelines
- Checking the maintenance of the pool fence by obtaining a copy of the pool fence checklist from local council.
Research shows that 18% of toddlers who drowned in Queensland gained access to the pool because the gate was propped open. Fines and/or prosecution may apply where pool fences are not compliant.
For further information about pool fencing requirements, contact local council or private building certifier.
The standard for fencing around a swimming pool is contained in Australian Standards
- AS1226.1-1993 "Swimming Pool Safety Part 1: Fencing for swimming pools" (excluding clause 2.14)
- AS1926.2 - 1995 "Swimming Pool Safety Part 2: Location of fencing for private swimming pools" (excluding clause 1.4.4)
Copies of these standards may be obtained from Standards Australia: P.O. Box 1055, Strathfield, NSW. 2135; Ph: 1 300 65 46 46; Fax 1 300 65 49 49; Email: sales@standards.com.au; Internet: http://www.standards.com.au/
See attached Queensland Government Information Sheet