Victoria has new pool rules from 1 Dec 2019, I look at what the process is , which rules apply to which pools, what the cost will be and how pool owners can get more advice
Timeline for checking existing pool barriers in Victoria.
The Victorian Planning Minister has previously announced that he will set up a register of existing pools in victoria. This is now available on the Victorian Building Authority site. After this voluntary registration process the Minister plans to make existing pool safety barriers in Victoria will be subject to ongoing routine inspections. All of this has been widely reported in the media
“We’re doing more to protect children and families from the tragedy of backyard drownings.”
Planning Minister Richard Wynne
A timeline for these new pool barrier regulations has now been released;
Public consultation until 6 September 2019
Finalisation of the regulations Sept to Oct 2019
Regulations enacted 1 December 2019
What are your next steps?
So what does this mean for you and your pool ? Your first action will be to register prior to 14 April 2020. So get registered before next year’s footy season. Don’t forget these regulations apply to spas as well as pools. Any body of water that is at least 300mm deep and is used primarily for swimming is covered.
The second step depends on how old your pool is and they are starting with the oldest first.
1980’s kidney shaped pool
If your pool was constructed before 30 June 1994 you need to lodge your first compliance certificate on 30 October 2020.
This is you if your pool is kidney shaped with big curved walls and the pool coping is covered with brick pavers or some horrible quartz epoxy applied finish.
2000’s impossible blue pool with slate paving.
If your pool was constructed between 1 July 1994 and 1 May 2010 you need to lodge your first compliance certificate on 30 April 2021.
You get more time than your Monaro driving neighbour but you are second in line. Note this is 2021, not next year at all.
Inflatable pink flamingo and grey slate paving tiles
If your pool was constructed between after 1 May 2010 you need to lodge your first compliance certificate on 29 October 2021.
I guess the logic here is that your pool final inspection was reasonably recent, so things should be still ok. This is seriopus wishful thinking, but at least we have some guideline dates.
I will keep you in the loop with future updates.
If you wish to comment on all these things please visit engage Victoria. Don’t forget to fill in the questionnaire for your opinion to be recorded.
I Know pools.
Top failures of pool barriers
The Australian Institute of Building Surveyors and Kidsafe have produced a list of the top issues with swimming pool barriers. The top failures are;
Gates that don’t self-latch or self-close.
Climbable objects next to the pool fence
Excess space under the fence, and;
Misuse (e.g. propping the pool gate open).
Whilst I agree with this list, I would have to add trees and shrubs close to pool and boundary fences as another major concern. Kids look at trees like we look at a ladders and stairs, they see them as instant access to higher places.
Kids love to climb, but that enthusiasm should not lead them into trouble. Pools areas are special areas that children should be safely excluded from unless under adult supervision.
What does an owner builder guarantee?
What exactly is an owner builder signing on for?
What responsibilities will follow the owner if they sell within the six and a half year period?
The benefits of owner building are numerous, and most are based on saving money and keeping control. If the owner builder retains possession of their work for the full six and a half year period then everything is copacetic. However if they sell within that time, then they have some responsibilities to subsequent owners.
Three distinct warranties
The owner builder gives three distinct warranties to the new owner when they sell;
- The work was done in a proper manner
- The materials used were suitable for their purpose
- The work was carried out to the regulations.
So what exactly is an owner builder guaranteeing?
Proper manner
Work needs to carried out in a proper and workmanlike manner. So if your wife does a great job painting the timber weatherboards, but you skipped the step of undercoating the cut ends, and the boards rot out from the ends, the result is unworkmanlike. Equally if you do your own insulation work and four bags remain in their original packaging in the roof that you never quite got around to finishing. But it is not only your own work that might be in question, if you employ a poor electrician who places wires loosely in the roof space and does not clip them off, then you will be held liable for that work. You can rely on the electrician to do proper work, but you are giving the warranty and you may be called upon to rectify that work.
Suitable for purpose
Materails used in owner builder work need to be new (unless specified otherwise) and good and suitable for the purpose for which they are intended. If you fit a linear shower grate from Bunnings that has no lips around it to connect with the waterproofing, you will have a beautiful modern looking bathroom, but the grate is not suitable for that use, because it must be used over a puddle flange. By the way if that last sentence sounded like Captain Kirk from the bridge of the Starship Enterprise then you need to do some more research before tackling an owner builder bathroom project.
Carried out to the regulations
The owner builder is guaranteeing that the work is being carried out to the regulations. Most tradesmen have a hard time keeping up with the current regulations which change constantly, and so the task is harder still for an owner builder. If you get a set of stairs installed by a reputable firm, but then change the thickness of the floor covering on the ground floor say by adding tiles on a screed, then the stair will not comply with the National Construction Code.
my firm belief is that it is a natural right of every person to build their own home
I am not trying to scare owner builders, my firm belief is that it is a natural right of every person to build their own home, but owner builders and indeed professional builders need to be vigilant and well informed. If their is a doubt, most things can be solved in minutes by calling an expert.
Why are Australia's pool regulations so tough?
Why are Australia's pool regulations so tough?
Often I get clients who are frustrated by the strict and complex pool fencing rules. The rules cover barriers with non climbable zones, gates that must close from any position without assistance and shrubs that are not climbable.
What in hell is a BAL assessment?
What is a BAL assessment and why do I need one? What is a BMO? What will i need to do to get building?