Over the past few weeks I have heard from people in all parts of Victoria with the same question , what are the new pool rules and how do they effect me? What do I have to do to make my existing pool compliant.
The new pools rules will require all pool owners to register their pool by June 2020 with Local council. After registering Council will check their records and tell the Owner the date that the pool was built. This date will determine which pool rules are applicable to the pool. The owner will then engage a private building inspector to assess the pool for compliance based on the rules that were in place on the date the pool was built. For old pools the compliance must be be done by June 2021. Newer pools have different timeframes.
Why new pools rules.
Victoria, introduced new pool rules on 1 Dec 2019. Drowning is the single biggest preventable cause of death in the under five year olds in our state. I often see news stories that read, one Australian dies every three minutes from such and such disease. The difference with the pool drownings is that these are entirely preventable deaths. I would be entirely satisfied if only one child was saved. Sadly there is also the spectre of those children would are saved from drowning but suffer life long brain injury and disability.
I would be entirely satisfied if only one child was saved
I also know from my experience inspecting more than 5000 pools that over 85 % of old pool barriers simply do not work. The children in the household grow up to be robust teenagers and pool safety gets entirely forgotten.
When I was a house builder I would see carpenters hammers that bore stickers saying; safety glasses must be worn. That sort of safety makes us a nanny state, but the pool rules, like smoke detectors, save lives every single day and they are always vigilant.
Which pools are covered?
These rules apply to every one of the 139, 000 existing pools in Victoria. A pool is any body of water that is used primarily for swimming and has a depth greater than 300mm. Therefore fish ponds and ornamental fountains are not covered. However the new pool rules also cover relocatable pools if they are in place for more than three days.
What is the process?
The First step is to register your pool with local council this needs to be done by July 2020 for all pools. Money will inevitably change hands.
Local council will update their register and provide the age of your pool, which will determine what pool rules apply. Old pools use old rules.
old pool use old rules
With the age of your pool determined by Council you will next engage a private building inspector to assess your pool for compliance.
If the pool has non complaint items like gates that don’t close and latch correctly, or trees that have grown too big near barrier, the pool owner will have 60 days to correct those issues. When everything is complete the private pool inspector will reinspect and issue a certificate of compliance. Money will inevitably change hands.
The pool owner will lodge the pool compliance certificate with local council who will again update the register. Money will inevitably change hands.
How do I know if my pool is even close to compliant before the pool inspector arrives?
The Victorian Building Authority (VBA), have produced a series of self assessment checklists which are available below;
VBA Checklist for pools built pre April 1994
VBA Checklist for pools built April 1994 to May 2010.
VBA Checklist for pools built post May 2010
Note the VBA guides were produced when the pool standard was in draft format so the dates are slightly different, for example the VBA guide uses 1991 as the oldest pools date. Nonetheless the guides are still a very helpful indicator. The VBA, interestingly, have been the only government or peak industry body that are in front of the information curve on the new pool rules.
The guides are only an indication and your private pool inspector will know all the ins and outs and fine details of the rules and the respective timeframes.
Why don’t they make all pools meet the newest pool rules?
Moves to make all pools compliant with the current pool standard were defeated and calmer heads prevailed. I imagine the logic runs that a pool that we deemed was safe for all the years since 1985 should not now be made redundant and the measures applied to make the pool safe in 1985 should simply be maintained.
I was not on this steering committee but it seems a reasonable compromise. We don’t ban a locally made, proudly Australian, 1965 Holden HR just because we know recognise that disc breaks, air bags and retracting seat belts are a big improvement in safety standards. we do however insist that the 1965 car is maintained in a roadworthy fashion. We also learned that vinyl seats were not a great idea in an Australian summer , particularly when wearing shorts! Ouch!
How different are the old rules to the latest pool standard?
The rules have certainly become tougher as the years have progressed.
An 1980s pool only requires a 1500 boundary fence with no concerns about trees.
A 1995 pool will need an 1800 high fence which is not climbable on one side.
A 2010 pool will require a 900 non climbable zone on the inside of the pool area.
Doors that were once allowed from houses into backyard pool areas have now been outlawed. Do you remember houses with those doors with their silly high level handles and fast closing action?
If you decide to erect a new barrier you will be required to adopt the most current rules. Certain maintenance type repairs to your existing barrier will be allowed under the existing rules.
How much will this all cost?
I have mentioned a few times that money will inevitably change hands. I was attempting a little humour, but the cost of these new pool rules is not insubstantial.
To register with local council will cost $ 30.
Council may also charge a fee of $45 dollars to determine the age of your pool, presumably if it not immediately apparent from their records what the age is.
A private inspector will cost between $300 and $400 for a certificate of compliance and multiple visits may attract additional cost.
You may also need to engage a tradesman to correct parts of your barrier or fences.
To lodge the compliance certificate will cost $ 20
In case you think that all this stuff is just Big Brother with his hands in your pockets there are stiff penalties for non compliance.
Failure to register with council, penalty $1650
Failure to maintain an adequate pool barrier, penalty $ 8250
Failure to lodge compliance certificate, penalty $1650.
What sort of things make pools non complaint
Multiple things can make a pool barrier non complaint but my experience has shown that the following are the top five in no particular order.
Gates that do not close and latch from any starting position
Gaps under barriers of alongside barriers greater than 100mm
Barriers that are not tall enough, often because garden beds have been raised
Trees near boundary fences that are climbable
Boundary fences that are climbable , which relates to more modern pools only.
What does the pool inspection involve
The friendly inspector will have your pool date and he or she will be completely familiar with the applicable pool rules. The site inspection takes about twenty minutes depending on complexity. The inspector will measure the fences, and any gaps around or under them. They will check the swing of the gate and the rigidity of any barrier elements. They will check trees and shrubs and steps and retaining walls near the pool barrier. they will look at BBQs and bench tops and other furniture items if they are close to the pool barrier.
They will then produce either a compliance certificate or a report on what is non compliant.
They will give you the applicable rule that needs to be met, such as climbable trees too close to a boundary fence and how that rule is not currently broken. What they won’t do is trim trees for you, or mark every branch that may need trimming. This is your responsibility as the pool owner.
What they will do is conduct a professional inspection and be mindful of the young lives that can potentially be saved with a little preventative maintenance.
When will the pool be reinspected again?
The inspections and compliance certificates are required every four years. After your lodge your first compliance certificate local council will tell you the anniversary date on which the next compliance is due.
Who can help me with the new pool rules?
Talk to your local council about registering , then you will have the date your pool was built.
Talk to a licensed accredited private building inspector, like me. There are also a number of other qualified men and women across the state who do this work, search for existing pool compliance inspector.
Local building surveyors are friendly people in your community who may do these inspections themselves , or may be able to connect you to local area inspectors who do .
The VBA website is helpful even though I find it is way too technical for pool owners generally.