Frequently Asked Questions
Do I still need pool fencing if I have an above ground swimming pool or spa?
The walls of an above-ground swimming pool or spa provide a barrier if they are at least 1.2 m in height and do not have a surface that enables a child to gain a foothold and climb into the swimming pool or spa. However, the nominated access into the pool or spa (via step or ladder) must be fenced with compliant safety barriers. Additionally, any objects that could be climbable by a young child, such as a furniture, flower pots, pool filter, and pump equipment should not be climbable within 900mm from outside the fence and nothing climbable within 300mm of the inside of the fence

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I have recently purchased a house where there is no fence around the swimming pool or spa. Whose responsibility is it to install a fence?
As the new owner you are responsible for ensuring that the safety barrier is provided. If you own, or are purchasing a home with a swimming pool or spa, and are not sure that the swimming pool or spa fence or barrier complies, please check with Pool Safety Victoria.

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I have recently purchased an inflatable swimming pool to be used only in the summer. Does it require fencing?
An inflatable swimming pool, which is capable of containing a depth of water greater than 300 mm, requires a permanent safety barrier. You will also need a building permit to install this temporary pool even though it may be disassembled and stored away in the cooler months.

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I have recently installed a cover over the swimming pool or spa. Does it comply with the legislation as a safety barrier?
No. The placing of a cover or lid over the swimming pool or spa does not meet Victoria’ safety barrier requirements. You are required to provide a permanent safety barrier.

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How do I know if the barrier around my swimming pool complies with the law?
Pool Safety Victoria can inspect your pool and provide you with a certificate of compliance for your pool so that you know that it meets the required safety standards applicable to your pool.

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I have an existing barrier with a doorway leading into a pool area, and the opening contains a solid door as well as a flywire door. Which door must comply with the pre-1991 Regulations?
It is only necessary to fit child-resistant door furniture to one of the doors. In choosing which door, you must ensure that access will be restricted to the pool area and that the door will form part of the continuous pool barrier. In the case where the door chosen is a screen door it is recommended that the door is of solid construction with securely fitted flywire. The door must be kept closed and latched or locked at all times, except when a person is in the act of entering or leaving the pool area.

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I am installing a new pool or spa. Can I use a door from my dwelling into the outdoor pool area?
No, for new safety barriers installed from 1 May 2010, direct access from any building into an outdoor pool area is not permitted.

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What are the penalties if I fail to meet the legislation?
Certificate of non-compliance lodgement: $385. This is the fee you will need to pay if your pool/spa is inspected and the safety barrier cannot be made to comply with the applicable barrier standard.

Failure to lodge certificate of barrier compliance by date specified up to $1,652.20

Failure to lodge certificate of barrier non-compliance by date specified up to $1,652.20

Failure to comply with barrier improvement notice by date specified up to $1,652.20

All above-mentioned fees are based on the 2019/20 financial year.

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