All swimming pools and spas including those on private residential properties in Victoria that are capable of holding a depth of more than 300mm of water must have safety barriers around them and that barrier must be maintained in good order. 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.
A dam on a rural property, water tanks, streams, rivers and ornamental ponds or fountains are not defined as swimming pools or spas. Temporarily erected wading pools, emptied after each use, are excluded from safety barrier requirements.
Young children near any of the above require adult supervision at all times. Latrobe City Council has a duty of care to ensure that the safety of young children is not compromised and therefore our Building Inspectors carry out random inspections to ensure that swimming pools are provided with barriers to resist young children's, unsupervised access.
A barrier may incorporate a fence, wall, screen, gate, and the like. Gates and doors must self close and latch while windows must have limits on their openable capacity or be fitted with secure screens. A self assessment sheet can be used by owners to check their own safety barriers / fence.
The Municipal Building Surveyor has authority under legislation and by delegation of Council to act against people who fail to provide adequate safety barriers or maintain an existing safety barrier. Penalties may apply.
More information on pool safety requirements can be found on the Building Commissions website.
http://www.buildingcommission.com.au/www/html/551-swimming-pools--spas.asp
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