Swimming Pool Fences

"Don't Fence me in"

In 1990 the Local Government Act was amended to provide for the progressive and mandatory fencing of swimming pools on residential land. After considerable public debate further amendments were provided by the Local Government (Swimming Pool Fencing) Amendment Act 1991 and the law then required such fences to comply in every respect by April Fools Day 1992.

The Government has continued to wrestle with this controversal subject so that after a variety of further amendments to the law, the requirement for swimming pool fencing now finds itself in the Building Act 1975 and the Standard Building Laws but with Council having the power to make further local laws for swimming pool fencing. And a prescribed Australian Standard applies as a minimum.

The purpose of these laws is to inhibit access to swimming pools by young children.

A swimming pool is an excavation or structure designed solely or principally for some human aquatic activity and is capable of being filled to a depth of at least 300mm.

Residential land is land on which a dwelling is or home units are built (or approval to build has been given), and also land that is adjacent to, is in the same ownership as and is used in association with such residential land.

Fencing includes self-closing and self-locking gates and doors, screens and sometimes walls. Therefore all openings from the home to the pool most likely are caught by the law.

Previously some Council Local Laws contained powers to require swimming pool fencing but as there were no specific requirements, fences constructed then may not comply with the new laws. In some cases no fencing at all was required. Should this be the case Council has the power under the new laws to allow variations to or exemptions from the present strict standards of compliance.

Should you be uncertain about your place, the Council will for a small fee advise if your fence does or does not comply, give reasons and specify the necessary works so as to comply.

Should you buy real property upon which there is a swimming pool then you inherit the problems of the fence, if any. The Contract cannot be terminated if it is later discovered that the swimming pool fence does not comply, and no compensation can be claimed.

Non-compliance is of course an offence carrying severe penalties. If you are concerned about the matter, then the Contract should address the issue, e.g. a clause requiring the vendor to obtain Council confirmation that the swimming pool fence does comply with the laws.

Better still, take some legal advice and know just exactly what your position really is.