All swimming pools and spas in private residences, hotels and motels in Victoria must have safety barriers in accordance with the Building Regulations 2006 (the Regulations) and Australian Standard 1926[CC1] (Standard CC1).
Under the Regulations and Standard CC1, any excavation or structure capable of holding water deeper than 300mm and used primarily for activities such as swimming, paddling, wading or the like is defined as a swimming pool. A dam, streams, rivers and ornamental ponds or fountains are not defined as swimming pools or spas.
Young children near any swimming pools, spas, dams or tanks require adult supervision at all times.
Council building inspectors carry out random inspections to ensure that swimming pools are provided with barriers to resist a young child's unsupervised access. A safety barrier can be a fence, wall, gate, screen or door and includes windows, locks, latches, hinges and other devices attached to them.
The Municipal Building Surveyor has authority under legislation and by delegation of Council to initiate legal proceedings against people who fail to comply with regulations and penalties may apply.
A building permit must be obtained when installing swimming pools/spas and swimming pool/spa safety barrier.
For more information on swimming pools and spas, go to the Victorian Building Authority website.
Additional information can also be found on the Royal Life Saving Society of Victoria and the Swimming Pool and Spa Association websites.