WHAT IS YOUR RESPONSIBILITY UNDER THE Pools ACT WHEN COSTRUCTING AN INGROUND SWIMMING POOL AND SPA

The Act and Regulations apply to all swimming pools (indoor and outdoor) on properties where there is a residential building, a movable residence (eg caravan), a hotel or a motel. For anybody who is the owner of building which a swimming pool is positioned you have to ensure that the pool is at all times surrounded by a child-resistant barrier comprising fencing of a height at the very least 1.2 metres (1.8 metres when a boundary fence) and/or your home wall. You need to remember to keep your barrier, gates and doors in good operating condition. Doors and gates giving access to the swimming pool area must be kept securely closed at all times when not in actual use. Certain requirements for child-resistant barriers on premises where there is a residential building vary depending on when the pool was constructed and where the swimming pool is situated: Regarding swimming pools constructed earlier than 1 August 1990, the pool must be either encompassed by a child-resistant barrier or the means of accessibility from the building to your pool has to be restricted at all times. The standard for restriction, for instance, by use of complying windows and doors, is set out in the Swimming Pools Regulation applicable at the time the pool was built. For swimming pools constructed after 1 August 1990 but before 1 Sept 2008, the pool has to be surrounded by a child-resistant barrier that separates the pool from any residential building situated on the premises and from any position adjoining the property. The childresistant barrier should be designed, constructed, installed and managed according to Australian Standard 1926-1986 Fences and Gates for Private Pools. For swimming pools constructed following 1 Sept . 2008, the correct standard is Australian Standard 1926.1-2007 Swimming Pool Safety, Part 1: Security barriers for pools.Pool owners can choose the actual position of the barrier, which need not closely surround the pool, provided it meets the requirements of the Act, Regulation and correct standard. Remember - the overall requirement for child-resistant barriers on residential properties is for the swimming pool to be separated with a complying barrier from your house, adjacent properties and public spaces all the time. Immediate access from the house to the swimming pool area is not permitted unless an exemption applies. Under the Act and Regulation specific conditions and/or selected exemptions might apply to indoor pools, spa pools, swimming pools situated on premises that have moveable homes, hotels or motels, as well as pools on very small properties (of a lot less than 230 square metres), huge properties (of two hectares or over) and premises having frontage to any large body of water for which construction or installation has commenced before 1 July 2010. Special prerequisites also pertain to a house wall currently in use as part of the child resistant barrier. Local councils may possibly grant exemptions from barrier requirements which might be impracticable or not reasonable in particular cases, for example, to offer entry for people with handicaps. For information about these specific specifications and exceptions call your local council.All swimming pool homeowners have to display noticeably the recommended warning sign within the immediate vicinity of your swimming pool. The sign gives a supervision warning as well as the specifics of resuscitation procedures. These signs can easily be bought from numerous councils and community organisations for example the Royal Life Saving Society and can also be purchased from pool shops as well as other outlet stores. The warning sign should be able to be read therefore it may need to be replaced from time to time if fading occurs. Severe penalties apply should you not abide by the requirements of the Act ranging from $550 to $5,500.

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