Pool fencing laws

In response to the alarming number of children who had drowned in backyard swimming pools, the Australian government introduced strict pool fencing laws in 1991. The result of these laws was a reduction in the number of drownings, but even a single preventable death is not acceptable, so, in 2012, Australian Standard for pool fencing was updated and toddler deaths by drowning in pools have been reduced even further.

Australian Standard for swimming pools and fences

Australian Standard AS 1926.1-2012 is the most recent update to home pool regulations. Importantly, it does not make any distinction between pools. If the depth of the pool is 300 mm or more, the pool must be fenced in, even if it’s an inexpensive blow-up pool.

Section 2 of AS 1926.1-2012 covers pool fencing requirements. It defines pool fencing as a barrier that restricts access by young children. In addition, a pool fence must:

• be a permanent structure
• be at least 1.2 metres high as measured from ground height outside of the fence enclosure
• not have gaps between vertical members of the fence exceeding 100 mm
• have a ‘non-climbable zone’ of at least 900 mm in height and radius.

Other sections of AS 1926.1-2012 go into further detail, including details about openings (apertures) in perforated and mesh fencing materials, hinges, gates, latches and more. For example, Section 2.4 lists specific details about gates and latches:

• Latches must be installed inside the pool enclosure and not be accessible by toddlers.
• Gates must close and latch automatically.
• Gates must open outwards.

These and all other requirements specified in AS 1926.1-2012 are all designed to prevent young children from gaining unaccompanied access to a swimming pool.

State-by-state pool fencing laws

While the Australian Standard applies to pool fences throughout the country, it is up to the individual state and territory governments to establish laws and procedures to ensure every pool fence complies with the Standard. The state and territory laws vary:

• In New South Wales, pool fences must be inspected by licensed inspectors and registered with the NSW government Swimming Pool Register.
• In Queensland, swimming pool fences must be inspected by licensed inspectors and receive a pool safety certificate.
• In Victoria, a building permit is required for every pool or spa over 300 mm deep. A building permit is required for pool fencing as well. The plans must comply with the Australian Standard and the fence will be subject to inspection.
• From 1 January 2014, all new pools installed in South Australia require local council safety inspection.
• The Department of Commerce in Western Australia mandates that pool fencing must comply with the Australian Standard.
• In the ACT, new swimming pools must be fenced in according to the Australian Standard and BCA (Building Code of Australia) specifications. Efforts are being made to make pool fencing mandatory for older pools, too.
• The Northern Territory has had swimming pool fencing regulations in place since 2002. It’s worth noting that before regulations were put in place, the NT had one of the highest rates of child deaths by drowning in swimming pools in Australia. According to the NT government, they now have one of the lowest.
• In Tasmania, a building permit is required for all pools over 300 mm deep. The pools must comply with Australian Standard, including standards for pool fencing.

Australian Standard and the BCA give the specific information you need to know. Reputable pool builders and fencing contractors are aware of the standards, laws and regulations and will be more than happy to provide you with pool fencing that complies with regulations and also enhances the appearance of your pool enclosure.