Pool fencing priority

Published on 07 January 2015

Mildura Rural City Council and the Victorian Building Authority (VBA) are urging residents to get their pool fencing up to standard immediately after recent local inspections by the VBA uncovered a number of compliance issues. 

The VBA spent time in our region inspecting both building sites and residential addresses and educating builders and homeowners on their legal responsibilities. The Authority looked at various compliance issues including matters relating to building permits, plumbing work, fire safety and swimming pools.

The VBA’s Director of Compliance and Performance Murray Smith, said several breaches were detected including swimming pools which were found to have incomplete permits for their fencing and barriers, and fences that did not comply with regulations.

“In Victoria, all swimming pools and spas with a depth of more than 30cm must have a safety barrier or fence that complies with building regulations and standards,” Mr Smith said.

“Swimming pools that don’t have a compliant barrier or fence can place young children at great risk, which is why the VBA is working with Council to ensure pools and spas in Mildura are safe and have the required permits and certificates.”

Community Development and Safety portfolio Councillor Ali Cupper said the matters raised by the VBA are deemed as urgent works with Council authorised to inspect the pools and carry out enforcement action to rectify the breaches.

“Pool owners need to maintain the barriers around their pool for the safety of anyone who comes on to the property, but particularly young children,” Cr Cupper said. 

 The VBA advises homeowners that as well as making sure their building surveyor conducts a final inspection of their pool and safety barrier, they must ensure they also receive a certificate of final inspection before using their pool or spa.

 Common breaches of the building regulations include gates that aren’t self-closing and self-latching, and items that are installed or put in place near the barrier after its completion, such as trees, shrubs, outdoor furniture and BBQs, which may be used by young children to climb over the fence or to reach gate latches.

 “Council responds to complaints and also makes random inspections of existing pools to make sure the barriers comply with the relevant legislation,” Cr Cupper said. “Most of the time there are only minor issues to rectify, however, pool owners should not be complacent and should be aware Council will take appropriate action, including court action, if a pool owner does not rectify a non-compliant pool barrier. 

“This is one of the few instances where Council can have no tolerance,” Cr Cupper explained.  “There’s no leeway and no exceptions and we make absolutely no apologies about this.

“Council officers often get told ‘but my kids can swim’ and maybe they can.  But can you guarantee everyone who accesses your home can swim?”

The majority of the complaints received by Council come from friends and relatives of the pool owner and not neighbours as is usually the first reaction. 

Cr Cupper said that people who cannot maintain their pool barrier should consider removing the pool altogether.

“Imagine how your life would change if the worst was to happen and someone lost their life in your swimming pool. If you cannot maintain your pool barrier, then maybe you need to think about having the pool filled in.”   

 Residents who are unsure if their pool fence complies with the legislation should contact a Building Surveyor or Building Inspector and have them complete a safety audit.  Further information about pool safety is available from the Victorian Building Authority at www.vba.vic.gov.au or by contacting Council on (03) 5018 8100.


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