REQUIREMENTS FOR NEW AND EXISTING DOMESTIC SWIMMING POOLS

Lismore City Council REQUIREMENTS FOR NEW AND EXISTING DOMESTIC SWIMMING POOLS (Swimming Pools Act 1992) Introduction The purpose of this pamphlet is to inform the community about the requirements of the Swimming Pools Act 1992. The requirements of the Act places an obligation on the owners of premises to ensure that child resistant barriers are provided and maintained and an obligation on the occupier to ensure that all doors and gates providing access to the swimming pool are kept securely closed at all times when they are not in use. Whilst the fencing standards will make a swimming pool secure, the responsibility for child safety and supervision remains with the swimming pool owner. If you require any further clarification regarding the information provided within this pamphlet, please contact Council s Building and Regulation Section on 02 6625 0565 or call at the Council offices at Oliver Avenue, Goonellabah between the hours of 8.30am and 10.00am, Monday to Friday. Part A: REQUIREMENTS FOR NEW SWIMMING POOLS Council requires the submission of a Development Application for all swimming pools and spa pools located other than in a bathroom. Four (4) copies of plans and specifications must accompany the Development Application, these plans must show: 1. the position of the pool in relation to the boundaries and existing buildings; 2. all fencing, existing and proposed, and where appropriate any doors or windows that are to be secured to prevent access to the pool by a young child; 3. any easements, water mains, sewerage mains, stormwater drains or other restrictions to the siting of the pool (if any); 4. the position of the filtration unit, motors and pumps and the shed or enclosure designed to house the unit and reduce noise emission; and 5. structural details of the pool which may need to be accompanied by engineering details. Part B: STATUTORY REQUIREMENTS FOR NEW SWIMMING POOLS Fencing At the time of construction of the pool, a child resistant barrier must be installed between the pool and the dwelling, and the pool and adjoining lands. (Examples of appropriate child resistant barriers are shown in diagrams 1 3. Also see Part C for possible exemptions for new swimming pools). Where dividing fences are to form part of the child restrictive barrier, full compliance with AS1926-1986 is required. The expenses of constructing, altering, replacing or maintaining a dividing fence are, to the extent to which they are attributed to work done for the purpose of complying with the requirements of the Swimming Pools Act 1992 in respect of a swimming pool, to be done for the purpose of complying with the requirements of this Act in respect of a swimming pool, to be borne: - 1 -

(a) by the owner of the premises on which the swimming pool is situated, or (b) If swimming pools are situated on more than one of the premises bounded by7n the dividing fence-by the owners of each of those premises bounded by the dividing fenceby the owners of each of those premises in appropriate proportions. The above prevails over any provision of the Dividing Fences Act 1991 to the contrary. Notes: a) The walls of above ground swimming pools are not to serve as child resistant barriers. b) the wall of a residential building may be used as part of the child-resistant barrier as long as the wall contains no door, window, or any other opening through which access can be obtained and complies with AS1926. - 2 -

Part C: REQUIREMENTS FOR NEW SWIMMING POOLS & EXEMPTIONS FOR NEW & EXISTING SWIMMING POOLS 1. Requirements for Existing Swimming Pools (see Definitions) For existing swimming pools the child resistant barrier is required to be installed between the pool and adjoining lands, but is not required to separate the pool from the dwelling (or other residential premises) on the same land so long as access to the pool from the building is at all times restricted (See definition restricted access and diagram 4 & 5). 2. New Swimming Pools on Very Small Properties For new swimming pools on very small properties less than 230 square metres, the child resistant barrier is required to be installed between the pool and adjoining lands, but is not required to separate the pool from the dwelling (or other residential premises) on the same land so long as access to the pool from the building is at all times restricted. (See definition restricted access and diagram 4 & 5). PART 2 Existing swimming pools and new swimming pools on very small properties (Sec 8) - 3 -

3. Spa Pools A spa pool is not required to be surrounded by a child resistant barrier so long as the spa pool is covered or secured by a child safe structure (such as a door, lid, grille or mesh) that is fastened to the spa pool by a child resistant device. 4. Indoor Swimming Pools Access to an indoor swimming pool must be restricted in accordance with the definition. 5. Very Large Properties, Waterfront Properties and Indoor Swimming Pools Where the land on which the swimming pool is, or is proposed: a) has an area of 2 hectares or greater; or b) where the land has a frontage to any large water body (natural or artificial) including a permanently flowing creek, river, canal, lake, reservoir, estuary, the sea or any other body of water; or c) in the case of indoor swimming pools, the swimming pool is not required to be surrounded by a child resistant barrier so long as the means of access to the swimming pool is restricted. (See definition and diagram 6 & 7)The method of restricted access from the dwellings openings is to be clearly detailed on plans provided with the development application for the swimming pool. 6. Other Exemptions Where it is impractical or unreasonable for the swimming pool to comply with the normal requirements specified in the Swimming pools Act 1992, the owner may apply to Council for an exemption. Council may only consider granting an exemption if it is satisfied that alternative provisions no less effective than the normal requirements will be provided for restricting access to the swimming pool. - 4 -

Part D: WARNING NOTICES It is a requirement under the Swimming Pools Act that a poster be placed near the swimming pool with resuscitation details and a notice sating that: YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL This poster may be obtained from Council s Offices, Oliver Avenue, Goonellabah. Part E: OFFENCES & PENALTIES Under the Swimming Pools Act, penalties apply and can be served by way of an on-the-spot-fine or by summons, in relation to a number of offences under the Swimming Pools Act. Offences that attract on-the-spot penalty notices include: 1. Failure to provide and maintain a child-resistant barrier ($220 fine); 2. Failure to maintain restricted access for indoor swimming pools ($220 fine); 3. Failure to ensure that all doors and gates providing access to the swimming pool are kept securely closed at all times when they are not in actual use ($220 fine); 4. Failure to display notice/resuscitation instructions in immediate vicinity of swimming pool ($33 fine); and 5. Failure by the owner of a swimming pool to comply with any direction issued by the Council to comply with written notice issued in relation to any matter arising under the general provisions of the Swimming Pools Act ($220 fine). Part F: APPEALS Appeals may be made against certain decisions made by local authorities. Appeals must be made within 28 days after the date on which the decision was made or is taken to have been made. Further information regarding appeals may be obtained from Council s Building and Regulation Section, Oliver Avenue, Goonellabah. Part G: PREVENTION OF NUISANCE 1. Backwash Backwash water must be disposed of to Council s Sewerage System. If the property is unsewered the discharge must be to a properly constructed absorption trench approved by Council; 2. Noise To prevent complaints arising from noisy filtration plant, pool filters and pumps are to be housed in a suitable structure designed to minimise noise and it is recommended that the filtration unit only operate during daylight hours. The plant should be located as far as possible from adjoining boundaries and in particular bedrooms of neighbouring homes. The position of motors and pumps are to be shown on the building plans and submitted to Council for approval. IMPORTANT DEFINITIONS Existing Swimming Pool means a swimming pool whose construction or installation had begun or completed before August 1, 1990. Restricted Access in relation to doors and windows means the following: 1) Doorways Restricted access in relation to each doorway giving access to the swimming pool; (a) the door must be a child-safe door (see definition) and must be kept child safe by means of a lock, latch, bolt, chain or other child resistant device located at least 1.5 metres above finished floor level; and (b) there must not be any footholds on the door, or on the door frame, wider than 10mm between the door latch and any point 100mm above finished floor level. Lismore City Council recommends in respect of (a) that the door be self closing. This will assist in ensure that access to the swimming pool is kept securely closed. - 5 -

2) Windows In relation to each window giving access to the swimming pool: (a) the bottom of the window must (when measured closed) be at least 1.2 metres above finished floor level; and (b) there must not be any footholds wider than 10mm between the bottom of the window and any point within 1.1 metres below the bottom of that panel. (NB If the window is a child safe window (see definition) or is a window that is fitted with a fixed grille you do not need to comply with this requirement). Swimming Pool means an excavation, structure or vessel: 1) that is capable of being filled with water to a depth of 300mm or more, and 2) 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 activity. AND Includes a spa pool, but does not include a spa bath or anything that is situated in a bathroom or anything declared by the regulations not to be a swimming pool, for the purpose of the Swimming Pools Act 1992. Spa Pool includes any excavation, structure or vessel in the nature of a spa pool, floatation tank, tub or the like. AS 1926-1986 means the standard published by the Standards Association of Australia and Titled Fences and Gates for Private Swimming Pools. Child Safe means: 1) in the case of a door, being of substantial construction and (when the door is locked, latched, bolted or otherwise secured), having no opening below 1.5 metres above finished floor level (either in the door or between the door and the doorway) through which it is possible to pass a standard test bar. In this instance Lismore City Council requires that the door be self-closing. This will assist in ensuring that access to the swimming pool is kept securely closed at all times; and 2) in the case of a window being of substantial construction and, being fixed (by means of a keyed locking device or other child resistant device) that it has no opening through which it is possible to pass a standard test bar. In this instance Lismore City Council requires permanent restricted access to window openings, via security screens/ grills or a fixed blocking device in the window track. Consideration to the natural ventilation requirements under Performance Requirement P2.4.5 of the Building Code of Australia, must be given and complied with; and 3) in the case of a wall being of substantial construction, having vertical sides and having a height of at least 1.2 metres and (in the case of a wall which has above its top a gap of 105mm or more) having no footholds wider than 10mm within 1.1 metres of the top of the wall; and 4) in any other case, having no opening through which it is possible to pass a standard test bar. Standard Test Bar means a round bar having a diameter of 105mm, plus or minus a millimetre. Barrier means a fence or a wall, and includes any gate or door set in the fence or wall, and also includes any other structure or thing declared by the regulations to be a barrier for the purposes of the Act. Private Swimming Pool means any privately owned excavation or structure capable of being filled with water to a depth greater than 300mm and primarily intended to be used for swimming, wading or paddling. - 6 -

POOL FENCING REQUIREMENTS AS1926-1986 2.1 GENERAL Fences and gates shall be designed and constructed so that at any point the outside of the fencing will present an effective barrier to young children. The design and constructional requirements specified in this Section are therefore aimed at inhibiting access under, over or through the fencing. The fencing shall be of a permanent nature and the requirements specified in this standard shall apply at all times throughout the life of the fence. NOTE: Manufacturers of proprietary pool fences and installers of custom-built fencing should provide the pool owner with written instructions regarding maintenance of the fence and gates, including maintenance of any latches, springs, hinges or other moving parts. 2.2 MATERIALS 2.2.1 Types of Materials. Fencing may be constructed from any type of material, provided that the finished fencing components comply with the requirements of the standard. 2.2.2 Durability of Materials. All constructional materials concerned with the safety aspects of the fencing (including shielding of the latching mechanism) shall be of a durable nature and satisfactory for there intended purpose under the conditions prevailing at the site. In particular, they shall have a reasonable natural life when exposed to the likely conditions of weather (sun, rain, dew), pool chemicals, atmospheric pollution, decay, insects, ground water, salt spray etc. 2.3 FENCING HEIGHT Fences and gates shall have an effective perpendicular height of at least 1.2m at any point along their length, on the outside of the fencing. Fences using perforated materials or mesh (see Clause 2.9), such as chain wire, shall consist of a vertical section having an effective height of at least 1.8m, topped with an angled section measuring 450mm which shall be inclined to the outside of the fence at an angle of 135 degrees from the vertical (see Fig 2.3). 2.4 GROUND CLEARANCE The height of any opening between the bottom of the fencing and finished ground level shall not exceed 100mm. 2.5 OUTSIDE SURFACE Projections from, or indentations into, the outside surface of the fence or gate, or any combination of projections and indentations, shall not form a substantially horizontal surface with a depth greater than 10mm, unless they are spaced at least 900mm apart and provided that the lower of any projections or indentations is at least 1.1m below the top of the fence or gate (See Fig 2.4). - 7 -

2.6 HORIZONTAL MEMBERS All fencing components providing a substantially horizontal surface, such as rails, rods, wires or bracings, that could be used as holds for climbing should be placed on the inside of the fencing. Where such parts are located on the outside of the fencing, or where vertical members are spaced and provide openings of mo re than 10mm width, the following requirements shall apply: (a) Horizontal members shall be at least 900mm apart. Where there are two or more horizontal members, this measurement shall be made from the top surface of the highest lower member to the top surface of the lowest upper member. Where the ground slopes, the distance between the top surface of the highest lower member and the top surface of the lowest upper member shall not be less than 900mm, measured perpendicular to the finished ground level (See Figs 2.2 and 2.4). (b) The top surface of the highest lower horizontal member shall be at least 1.1m below the top of the fence or gate. Where the ground slopes, the top surface of the highest lower member shall be at least 1.1m below the top of the fence, measured perpendicular to the finished ground level (see Figs 2.2 and 2.4). (c) Any nearby horizontal surfaces permanently located near the inside of the fencing shall be separated from the fencing by a distance of at least 300mm. 2.7 VERTICAL MEMBERS The spacing between any adjacent members, such as palings, rods or wires, shall not exceed 100mm at any point. - 8 -

2.8 GATES AND FITTINGS 2.8.1 Security of Closure. When a gate is closed and latched and is lifted upwards or pulled downwards with a force of 250N, movement of the gate shall not- (a) release the latching device; (b) unhinge the gate; or (c) increase the gap between the bottom of the gate and the finished ground level beyond 100mm. 2.8.2 Direction of Opening. Gates shall be mounted so that they swing outwards only, away from the pool area. 2.8.3 Automatic Closing Device. All gates shall be fitted with a device that will return the gate to the closed position and operate the latching device from any position with a stationary start, without the application of manual force. The closing device shall be capable of complying with these requirements with the gate at any position from resting on the latching mechanism to fully open. 2.8.4 Location of the Latching Device. Where the release to the latching device is located at a height less than 1.5m above finished ground level or where the latch itself is located at a height less than 1.5m above finished ground level and is capable of being released at the latching mechanism, the location of the latching device and its release shall: (a) not be on the outside of the fencing; (b) be in such a position that to release the latching mechanism from the outside it will be necessary over or through the fencing at a height greater than 1.2m above finished ground level; and (c) be at least 150mm below the top of the fencing where a hand hole is not provided, or at least 150mm away from the edge of any hand hole opening where a hand hole is provided. The latching device and parts of the fencing to which it is attached shall be capable of retaining the gate in the closed position when tested as prescribed in Clause 3.4. 2.8.6 Shielding of latching device (see Fig 2.5). Where the release to the latching device is located at a height less than 1.5m above the finished ground level or where the latch itself is located at a height less than 1.5m above finished ground level and is capable of being released at the mechanism, the latch and its release shall be so shielded that no opening greater than 10mm occurs within an area bounded by (a) a circular or near circular area with a radius of 450mm from the operating parts of the latch; and (b) the top of the fence, if this intersects the area described in (a). Where it is necessary to have a hand hole in a fence or gate, the bottom of the opening shall be at least 1.2m above finished ground level, and the shielding shall be extended up to a horizontal line through the top of the hand hole, or 150mm above the top of the latch, whichever is the higher. The shield shall be free of sharp edges and the edges of the adjacent parts of the shield on the gate and the fence shall be rounded or chamfered so as not to present a hazard when the gate closes. - 9-2.9 USE OF PERFORATED MATERIALS OR MESH. Perforated materials such as chain wire may be used provided that mesh openings are not greater than 50mm nominal. Where such materials are used which have openings greater than 12mm (but less than 50mm), the construction of the fencing shall meet the requirements for these materials specified in Clause 2.3. 2.10 WORKMANSHIP Fencing shall be free of safety hazards which may include sharp edges, projections and the like. POOL OWNERS ARE REMINDED THAT THERE IS NO SUBSTITUTE FOR ADULT SUPERVISION OF CHILDREN IN AND AROUND POOLS, TO PREVENT DROWNING AND OTHER ACCIDENTS (i:/plandev/misch&b/swimming pool requirements.doc)