What are the New Mandatory Pool and Spa Laws?

On 1 December 2019, new laws to improve swimming pool and spa safety came into effect in Victoria. These laws are mandatory and introduce new registration, inspection and certification requirements for property owners.

As part of the changes, owners are required to register their pool and spa with their local council and have their safety barrier inspected once every four years.

All swimming pools and spas capable of containing water greater than 300mm (30cm) must have a compliant safety barrier to restrict access to the pool area by young children (under the age of five).

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Which pools and spas must be registered?

You must register a swimming pool or spa capable of holding a water depth greater than 30cm.

This Includes

  • In-ground and above ground pools and spas
  • Inflatable pools
  • Relocatable pools that have been erected for 3 or more days
  • Indoor pools and spa pools
  • Children’s paddling and wading pools
  • Spas, jacuzzis, hot tubs and swim spas (including portable spas)

This does not include:

  • Small toddler or wading pools that cannot hold more than 30cm depth of water
  • Structures such as bird baths, fish ponds, fountains
  • Spa-baths inside bathrooms that are used for personal hygiene
  • Water supply/storage tanks
  • Dams, rivers, creeks and lakes.

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Critical dates for Compliance

If the pool and spa are within the same enclosure you only have to register once. If you have separate pool or spa enclosures you will need to register them individually.

All pools and spas that fit the registration criteria need to be registered by November 1, 2020. Council fees for registration are about $79.00 including Council Search & Registration.

If the pool and spa are within the same enclosure you only have to register once.

If you have separate pool or spa enclosures you will need to register them individually.

Fines for not registering your pool and spa by November 2020 can be up to $1,652.20.

 

Compliance certificate due dates are based on the date of the construction of the pool or spa

Date of Construction Compliance Certificate Due
On or Before 30 June 1994 1 June 2022
1 July 1994 – 30 April 2010 1 June 2023
1 May 2010 – 31 October 2020 1 June 2024
After 1 Nov 2020 4 years from date of CFI/CBC

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How do I arrange an online compliance consultation or a certification inspection and obtain a certificate of compliance?

Once your swimming pool or spa has been registered, you need to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard. The inspection and certificate of compliance MUST be carried out by a registered and certified building practitioner.

If your Pool Safety Victoria inspector determines that your safety barrier complies with the applicable barrier standard, they will issue a certificate of barrier compliance. As the owner of the land with the pool or spa, you then need to lodge the certificate with your council.

With 90% of Compliance Inspections failing in other states, we suggest that before you book your Compliance Inspection, you engage Pool Safety Victoria to complete an Onsite Compliance Consultation & Report. This gives you opportunity to assess what needs to be done, fix it in a reasonable timeframe, and could save you incurring expensive council fines of up to $1,652.20 plus additional inspection costs.

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Pool Safety Victoria is a registered and certified building practitioner with over 50 years’ experience in safety, construction and compliance in the swimming pool and spa industry and can provide both your inspection and certification of compliance.

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