Swimming Pools

UPDATE - PROPOSED SWIMMING POOL LEGISLATION

Swimming Pool & Spa Safety Barriers - Requirements

South Australia is adopting the new national policy for barriers around swimming pools and spas. The Development Act 1993 and Development Regulations have been amended to reflect changes to the Building Code of Australia.

The practice of altering doors with self closers and higher latches that open to a pool area are no longer accepted as an effective barrier around the pool or spa. (As of 2 December 2010).

The swimming pool or spa is required to be fenced between the house and the pool. (Spa pools are subjected to the same safety barrier requirements as swimming pools).

Swimming Pools and Spas that were lodged between 1 July 1993 and 30 April 2010 must comply with the Building Code of Australia and AS1926.1-1993 and BCA Part 3.9.3. Doors and windows from a dwelling were accepted providing they were 'child resistant' as defined by the Australian Standard.

What if I am selling my house and I have a pool or spa?

As of 1 October 2008, if the property contains a pool built before 1 July 1993, the safety barriers will need to be upgraded and you will need to ensure they comply with current requirements and Ministers Specification SA 76D - Swimming Pool Safety - new prescribed requirements for upgrading prescribed swimming pools.

Pools built on or after 1 July 1993 should already have compliant safety barriers that restricts access to the pool from the house, garage, street, adjoining properties. The process of selling a property including building inspections often highlights to existing pool owners where their safety barriers are deficient or have not been maintained.

For owners of existing swimming pools or spas built before 1 July 1993, the safety barrier will need to include fencing on four sides where feasible. Existing swimming pools will be required to have the safety barrier upgraded if necessary, prior to settlement if the property is on the market. It is the current owners responsibility to ensure the safety barrier is compliant prior to settlement.

For further enquiries contact Council's Building staff on 8525 3200 or the Department for Local Government and Planning on 8303 0602 or email plnsa.building@saugov.sa.gov.au.

Purchasing a Pool for the Summer or as a Christmas Gift? - THEN READ FURTHER....

Within South Australia and regardless of whether you live in a residential area, rural living or farming property, most swimming pools and spas require Development Approval and a safety barrier. This includes above ground pools and 'portable' pools such as the blow up type commonly sold in variety stores.

All pools and spas with a depth of 300mm or more and a water filtration system require approval from Council.

Don't buy a pool or spa with a filter that has only one suction point - it is an important safety requirement that all pools fitted with a filtration system must have two suction points that are at least 800mm apart. This is to relieve the pressure and reduce the seriousness of any injuries if a child blocks a suction point. Some pools are sold with adapters to make them comply with this point. According to consumer law it is an offence to sell a product that cannot be legally used.

Development Approval - Council will check:

• the details and location of safety barriers (they should restrict access to the pool or spa area by young children),
• the safety of the pump (there are a number of safety requirements in place to prevent suction related injuries or deaths in swimming pools),
• the adequacy of structural support for the swimming pool or spa (in particular where the pool or spa is to be placed on a deck or balcony or near a retaining wall).

FEES for Applications

The fees for Development Applications are set by the state government and are related to cost of the development, classification of the development and the size of the development.

To assist pool owners, Elected Members of Council agreed to waive most of the applicable fees - read the media release for further details. This means for portable spas or pools with a depth less than 1 metre, you will only need to pay the minimum lodgement fee for your application and use the cost savings towards your safety barrier.

Further advice can be obtained from the Light Regional Council, Development and Regulatory Services department by telephoning 08 8525 3200 or refer to the PDF checklist and information brochures. Further legislative details can be found on the website for the Department for Local Government and Planning-  Pool & Spa Safety  - Government of South Australia

Planning SA Pool Brochure (417 kb)

Media Release Swimming Pool Fee Reduction (37 kb)