No! Gates shall be installed so that they only swing outwards and away from the pool area.

The walls of an above-ground swimming pool or spa provide a barrier if they are at least 1.2 m high from the ground level, and do not have a surface that allows a child to gain a foothold and climb into the swimming pool or spa.

No. Placing a cover or lid over the swimming pool or spa does not meet safety barrier regulations. You are required by law to provide a permanent safety barrier.

Pool safety barriers installed from 1 May 2010 must not provide direct access from any building, such as a house or garage, into an outdoor pool area. For all swimming pools and spas constructed before 1 May 2010, or for which a building approval or building permit was issued before that date, a door that forms part of the safety barrier must be child-resistant, self-latching and self-closing. In the case of screen doors, it is recommended that these be of solid construction with a securely fitted mesh screen. The door must be kept closed and latched at all times, except when a person is using the door to enter or leave the pool area.

If you are replacing an existing safety barrier with a new barrier you will need to comply with the current regulations. This work will require a building permit.

The Building Act 1993 and the regulations prescribe fines that can be imposed on an owner or occupier who fails to comply with the swimming pool or spa regulations. Depending on the circumstances, fines can be several thousand dollars.

Local councils are responsible for enforcing the regulations. The VBA can also prosecute for breaches of the swimming pool and spa regulations. An example of non-compliance may be failing to install self-closing or self-latching devices, or failure to maintain your swimming pool or spa barrier so that it operates effectively at all times.

If a pool or spa is not registered within the mandatory timeframe, the owner of the property that the pool or spa is located can face an on spot fine of $330 or a penalty up to $1652.20.

For swimming pool or spa that was constructed before 8 April 1991, a paling or imperforate fence complies with the relevant requirements if it is at least 1·5 m in height measured above the ground level on the approach side.Otherwise, a boundary fence can form part of the pool barrier where it has min 1.8m height and non climbable area of not less than 900mm radius down from the top of the inside of the barrier.

A certificate of barrier compliance is only valid for 30 days after it is issued. It must be lodged with the relevant council within this period.

If the certificate is not lodged within the 30 days, a new inspection must be carried out and a new certificate issued and lodged with the relevant council.

What constitutes decommissioning?

To decommission your pool or spa, you need to remove aspects that make the structure a swimming pool or spa, such as:

-complete removal of the pool or spa

-remove its ability to contain more than 300mm of water

-remove its access, such as access ladders

-remove any filtration system

-fill the excavation area with clean soil endemic to the site and compacted in layers. 

The main consideration is ensuring it is unable to hold water.

Above ground pools and spas

Inflatable:

-deflate

-remove

Solid-sided:

-Remove liner, ladder and any filtration system

-completely dismantle and remove. 

Above ground pools and spas installed below ground

Retaining walls and steel frame still in place:

-Remove liner, ladder, and any filtration system. Ideally completely dismantle and remove.

-Fill the excavation with clean soil endemic to the site and compacted in a maximum 30cm layers.

Bury the retaining walls:

-Remove all of the above-ground pool structure and filtration system.

-Break down the retaining walls to a minimum of 60cm below natural ground level.

-Remove the demolished material to an approved disposal site.

-The excavation filled with soil endemic to the site and compacted in a maximum 30cm layers.

Total removal

-As with bury above, but the total demolition of the pool structure including the walls and any footings.

-Filling the excavation with clean fill endemic to the site and compacted in a maximum 30cm layers.

Below ground concrete or fibreglass pools and spas

Bury the pool:

-Cut at least two 50cm x 50cm squares in the base of the pool (deep end) and remove all the fibreglass or concrete from the pool.

-Disconnect and remove the filtration system and any access ladders.

-Remove the demolished material to an approved disposal site.

-Fill the excavation with soil endemic to the site and compacted in layers.

Complete removal of the pool:

-Excavate and lift out fibreglass pool shell whenever possible.

-Demolish and remove the pool shell material from the excavation to an approved disposal site.

-Fill the excavation with soil endemic to the site and compacted in layers.

Note

-In some areas, impervious soil types or high ground and perched water tables may make holing pools problematic and advice from a suitably qualified structural or hydraulic engineer may be needed to see if this is a viable option.

-Pools located less than the depth away from any building or boundary fence may require a building permit prior to removal and consideration should be given to the protection of adjoining property owner prior to the removal of below ground pool.

-Any demolition material is to be removed from site and taken to an approved disposal site.

-The excavation should be filled with soil endemic to the site and compacted in a maximum 30cm layers.

-When a below ground pool is buried rather than being removed, this may cause potential issues for future development on the property.Item description