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BDI001 of 17 14/01/2015

Swimming Pool Fencing Information Sheet [Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of system documents are the current issue.]

PLANNING & DEVELOPMENT

29 Channon Street, PO Box 155, Gympie QLD 4570

Telephone: 07 5481 0400

Facsimile: 07 5481 0801

Email: [email protected]

Website: www.gympie.qld.gov.au

SWIMMING POOLS AND SPA

Background

Residential swimming pools should be safe places for

families to relax and have fun. Tragically, toddlers

drown in Queensland swimming pools every year and

many more suffer serious injuries as a result of near

drowning incidents. Many of these incidents could be

prevented by providing adequate pool fencing. The

Queensland Government is committed to making

pool fencing legislation as strong as it can be. Current

legislation was introduced to reduce incidences of

toddler drownings and the risk of injury to young

children. All pool owners must comply with the

legislation including those without young children, as

children may visit their property with or without

permission.

Why the State Regulates Residential Swimming Pool Fencing

In Queensland, drowning accounts for one-quarter of paediatric injury deaths, and is the most

common cause of traumatic death in children aged under five years. Around half of the

children under five who drown in Queensland do so in residential swimming pools. It is also

estimated that for every child who drowns, there are up to 14 others taken to hospital

emergency departments, and four admissions to hospital. For the children admitted to

hospital following a near-drowning experience, one in five suffers brain damage due to lack of

oxygen. In the 16 years from 1991 to 2007, 93 children drowned in residential in-ground and

above-ground swimming pools in Queensland. That equates to an average of around five

drownings each year. The pool fencing legislation introduced in 1991 has been instrumental in

reducing toddler deaths, despite pool numbers doubling since the laws were introduced. It has

been estimated that at least 70 toddler drowning deaths may have been prevented by the

introduction of the pool fencing legislation. Nevertheless, a significant number of children are

still drowning in swimming pools. Most of these drownings occur in unfenced pools or in

pools with defective fencing.

Legal Obligations for Pool Owners

Pool fencing laws require pool owners to construct and maintain a fence around their

swimming pool regardless of when the pool was installed. If pool owners are unsure if their

pool fence complies, they should contact their Local Council. For in-ground pools, the pool

owner is generally the owner of the land. If a person renting a property buys a portable pool

that requires fencing, they are considered to be the pool owner and must ensure the pool is

fenced. Before a pool is filled with water to a depth of 300 mm or more, the fencing must

comply with the pool fencing standards and a building certifier must inspect the pool and its

fencing and issue the owner with a Form 17. Penalties of up to $16 500.00, and on-the-spot

fines of up to $700.00, can be imposed on pool owners if their pool fence does not comply

with the law.

mailto:[email protected]

http://www.gympie.qld.gov.au/

BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



What is classed as a Swimming Pool for Fencing Purposes?

A swimming pool (including a wading pool, spa pool, spa tub, or similar swimming pool) is an

in-ground or above-ground swimming pool that is not wholly enclosed by a building, or on a

building, and consists of an excavation or structure that:

Is able to be filled with water to a depth of 300mm or more; and

Is solely or mainly used, designed, manufactured or adapted to be solely or mainly

used for swimming, bathing, wading, paddling or for some other aquatic activity.

What is not considered a Swimming Pool?

These are not included within the definition of “swimming pool” and do not require compliant

pool fencing:

A fishpond used for ornamental purposes;

A dam or tank solely or mainly used, designed, manufactured or adapted to be

solely or mainly used for aquaculture or water storage;

A river, creek, stream, canal or watercourse in which water flows permanently or

from time to time, or a lake or other natural collection of water (whether

permanent or not);

A portable wading pool that:

(a) Can be filled with water to a maximum depth of 300mm; and

(b) Has a maximum volume of 2000 litres; and

(c) Has no filtration system.

A wading pool that does not comply with all three requirements (a, b, & c) above is not a

portable wading pool by definition, and therefore is classed as a swimming pool and requires

compliant pool fencing.

Note: A lawfully constructed swimming pool that has been adapted to a fish pond or the like is

still by definition – a swimming pool – and requires a complying pool fence to be built and

maintained around it.

Do Swimming Pools and Spas require Local Council approval?

Before a new swimming pool or spa (including the fence) is installed, the Building Act 1975

requires the pool owner to obtain formal building approval from either the Local Council or a

Private Building Certifier.

The first step to obtaining approval is to prepare plans and specifications of the pool and pool

fencing. You or your pool contractor may arrange for the plans and specification to be

prepared, but ultimately the property owner is responsible for ensuring that approval for the

pool and the fencing is obtained, and for complying with approved plans and any associated

approval conditions. Before granting building approval, Council or your Private Certifier will

require more specific information, such as:



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Pool layout plan - scale 1:100

Site plan – scale 1:200

Setback distances to boundaries

Location of pool pumping and filtration equipment

Type of pool reticulation system

Stormwater and backwash discharge details

Structural engineer’s details

Fencing details

Location of any doors or windows incorporated in the wall of a building that forms part of

the pool fencing

It is important to realise that a Building Certifier may refuse an application or require

additional information if they consider that:

Adjacent land and buildings are likely to be adversely affected by the pool installation (for

instance, by excavations close to side boundaries or buildings).

Inadequate provision is made for changing the water in the swimming pool or for filtering

or disinfecting it.

Inadequate provision is made for disposing of stormwater, water discharged from the

pool, any overflow or any filter backwash water.

The proposed permanent connection to the reticulated town water supply does not

comply with legislative requirements.

Pool fencing does not comply with the provisions of the Building Act 1975, Australian

Standards 1926.1 and 1926.2, or Mandatory Part (MP) 3.4 of the Queensland

Development Code (QDC).

Applications for building approval should be lodged with your Building Certifier (Council or

Private) together with the relevant fees. Application forms are available at the public counter

of Council’s Planning and Development Department.

Quick summary of Pool Fencing requirements

State legislation specifies the minimum legal requirements for compliant pool fencing to

ensure that small children are restricted from gaining access to a swimming pool or spa. The

main aims of the specifications are to prevent (a) Access over or under the pool fence; (b)

Access through the pool fence; (c) Access through the pool gate; or (d) Access through any

doors or windows from a building that forms part of the pool fence.

In summary, some of the major requirements for pool fencing are:

The pool fence shall be a permanent structure;

The effective pool fence height shall be not less than 1200mm and shall include a

continuous non-climbable zone. The non-climbable zone (NCZ) may be located

anywhere on the vertical face of the barrier. In this zone the distance between any

hand and foot hold shall be not less than 900mm;

The maximum distance under the pool fence to the ground level is not to exceed

100mm;



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



The maximum gap anywhere within the pool fence or between parts of the fence is

not to exceed 100mm;

All objects inside the pool fence that may provide footholds shall be moved a

minimum distance of 300mm away from the fence;

Pool gates need to open outwards away from the pool enclosure, and be self-

closing and self-latching from all open positions including when resting on the

latch itself;

Release mechanisms for latching devices for pool gates are to be located at a

minimum height of 1500mm above ground level. (refer Pool Gate section of this

brochure);

Resuscitation signage needs to be displayed in an easily viewable location within or

close to the pool enclosure;

Direct access from a dwelling into a pool enclosure is not allowable – all entry to a

pool must be through an approved pool gate;

Security grilles with a maximum distance of 100mm between vertical bars are to be

fixed to any windows that open directly into the pool enclosure, or stoppers are to

be fixed to the sliding tracks of these windows such that the window opening is

limited to a maximum of 100mm.

Location of Pool Fencing

A diagram showing several different options for the location of compliant pool fencing is

shown below. The positioning of the pool fence must comply with Australian Standard 1926.2

– 2007.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Pool Fencing Height

The effective pool fence height shall be not less than 1200mm and shall include a continuous

non-climbable zone. The non-climbable zone (NCZ) may be located anywhere on the vertical

face of the barrier. In this zone the distance between any hand and foot hold shall be not less

than 900mm. Please refer to the figure below, and those on the following page to assist with

clarification of this requirement.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



ACCEPTABLE



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



NOT ACCEPTABLE



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Pool Fencing - Horizontal Climbable Members

Where fencing components provide a substantially horizontal surface such as rails, rods, wires,

bracings or gate hinges that are located on the outside of the fencing and which could be

used as holds for climbing, or where vertical members are spaced such that they provide clear

openings of more than 10 mm in width, then the following requirements apply:

Horizontal members shall not be within the non-climbable zone. Where the fence is

for a sloping site, the non-climbable zone shall be parallel to the top of the fence.

Where there are two or more horizontal members, this measurement shall be made

from the top surface of the highest lower member to the top surface of the lowest

upper member (NCZ). Where the fence is for a sloping site, the distance between

the top surface of the highest lower member and the top surface of the lowest

upper member shall be not less than 900mm, measured perpendicular to ground

level;

For fences with rails, the top surface of the highest lower horizontal member shall

be at least 900mm below the top of the fence.

Pool Fencing - Vertical Members

The clear space between any adjacent vertical members such as palings, rods or wires, shall

not exceed 100mm at any point.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Pool Fencing - Gates

Pool Gates shall be hung so that they only swing outwards, that is, away from the pool area.

The gate shall have sufficient clearance to enable it to swing freely through its arc of

operation. The maximum gap under the gate shall not to exceed 100mm at any point when in

a closed position. It is important to position the Gate hinges outside of the non-climbable

Zone (NCZ). Alternatively, caps with a 60 degree bevelled surface can be fixed to the hinges to

remove their potential as foot holds.

Pool Gate Closing Device (Hinges)

All gates shall be fitted with a device that will return the gate to the closed position and

operate the latching device. The gate must close from a stationary start and without the

application of a manual force. The self-closing device must operate the gate when in any open

position - from resting on the latching mechanism to fully open.

Pool Gate Latches

Pool fence gates shall be fitted with a latching device that will automatically operate on the

closing of the gate, preventing the gate from being re-opened without being manually

released.

The latching device shall not be able to be:

inadvertently adjusted during operation;

able to be locked in the ‘open’ position; and

able to be adjusted without the use of tools.

The release mechanism shall be positioned at a minimum height of 1500mm above ground

level, and at least 1400mm above the top surface of the highest climbable lower fence

member.

Alternate provisions apply where the latching device or latch is located at a height less than

the required 1500mm above the finished ground level. The following requirements apply in

these instances:



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



release of the latching device shall not be on the outside of the fencing; and

release of the latching device shall be in such a position that to release the

latching device from the outside it will be necessary to reach over or through the

fencing at a height of not less than 1200mm above the finished ground level or

not less than 1000mm above the highest lower horizontal member; and

be at least 150mm below the top of the gate if a hand-hole is not provided, or at

least 150mm below the edge of any hand-hole opening if a hand-hole is provided.

Shielding Of Gate Latches

Where the release to either the latching device or the latch is located at a height less than

1500mm above the finished ground level and 1400mm above the highest lower horizontal

member and is capable of being released at the mechanism, the latch and its release shall be

shielded so that no opening greater than 10mm occurs within an area bounded by—

an effective radius of 450mm from the operating parts of the latch; and

the top of the fence, if this intersects the area described above.

Where it is necessary to have a hand-hole in a gate, the bottom of the opening shall be not

less than 1200mm above the finished ground level and 1000mm above the highest lower

horizontal member, and the shielding shall be extended up to a horizontal line through the

top of the hand-hole, or 150mm above the top of the latch, whichever is the higher. The shield

shall be free of sharp edges and the edges of the adjacent parts of the shield on the gate and

the fence shall be rounded or chamfered to prevent a hazard when the gate closes. Refer to

the following figures for further clarification.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Above-ground Pools

For above-ground pools, including inflatable pools, the walls of the pool shall be considered

an effective fence barrier provided they comply with all of the pool fencing requirements listed

above. The pool wall must be a minimum of 1200mm above ground level, and without any

external bracing struts that would facilitate climbing. Compliant pool fencing with a compliant

pool gate must still be placed around the ladder at the access point to an aboveground pool.

It may also be necessary to fence pumps, filters and associated piping that is within the non-

climbable zone (NCZ). All climbable objects close to the pool wall need to be positioned

outside of the 1200mm additional clear area as shown in the diagrams on Page 4.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Repairing or replacing an existing pool fence

If only a small part of the existing fence is in a state of disrepair, it may be repaired to the

same standard that applied to the existing fence. If a substantial portion of a pool fence is in

such a state of disrepair that it cannot be practicably repaired, it must be replaced with a new

fence that complies with current pool fencing standards. If a substantial portion of a pool

fence is demolished or removed, it must be replaced with a new fence. The new fence must

comply with current pool fencing standards and not the standard that applied when the

original fence was built. A Building Application must be submitted in this instance and the

Pool Fence MUST be inspected by a Building Certifier.

Using walls of existing buildings as part of the pool enclosure

Class 1 and 2 buildings (houses, flats and units etc) and Class 10 buildings (which includes a

garden shed, lawn locker, tool shed, garage, etc) may form part of the pool fencing provided

there are no doors which give direct access to the pool, and all windows are protected. It is

not permissible to allow access to a pool via any other means than through a compliant pool

gate. The requirements for windows that open into a pool enclosure are contained in the next

segment.

Windows that open into a pool enclosure

Where the height (h1) from the sill of the lowest opening panel of the window to the pool

area is less than 1800mm (refer to the following diagram), the openable portion of the window

shall comply with one of the following requirements:

(a) Where a height (h2) from the sill of the lowest opening panel of a window to the

floor is not greater than 900mm, then either one of the following shall apply:

(i) The openable portion of the window shall be totally covered by bars or a

mesh screen that complies with the test for strength and rigidity of fence

openings and the strength test for fence components as outlined in AS1926.1

- 2007. The bars or mesh screen shall be fixed to the building with fasteners

that can only be removed by the use of a tool, e.g., a screwdriver or spanner;

or

(ii) Windows shall be fixed to the building with fasteners that can only be

removed by the use of a tool, e.g., a screwdriver or spanner, and will only open

to a maximum of 100mm and comply with the test for strength and rigidity of

fencing openings as outlined in AS1926.1 - 2007.

(b) Where a height (h2) from the sill of the lowest opening panel of a window to the

floor is greater than 900mm and less than 1200mm, then the openable portion of

the window shall comply with Item (a) above or shall be fitted with a securely fixed

flyscreen. The flyscreen shall be fixed to the window or building with fasteners that

can only be removed by the use of a tool, e.g., a screwdriver or spanner.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



(c) A window not complying with Items (a) or (b) shall be located at such a height (h2)

that the distance from the floor to the sill of the lowest opening panel is 1200mm

or greater.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Balconies and verandahs overhanging pool enclosures

Where a balcony projects into a pool area (see Figure Below) and where the distance (H3) from

the floor of the balcony to the pool surround is less than 1800mm, or any part of the

perimeter of the balcony floor is within 900 mm of the top of the pool fence (as shown below),

the balcony shall include a balustrade which complies with the requirements for a standard

pool fence.

Balustrade must be compliant pool fencing as balcony is within 900mm NCZ of pool fence.

Balustrade does not need to be pool fencing as balcony is outside of 900mm NCZ



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Intersecting Pool Fences

For fences 1800mm or more high. a non-climbable zone on the inside of the fence (i.e. the

side facing the swimming pool) may include an intersecting swimming pool fence, provided

the top part of the intersecting fence is not more than 50mm wide at any point within the

non-climbable zone. This is shown in the figures below:



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



Check that your pool fence measures up:

Is there a pool fence separating your pool from the neighbourhood?

Is there a pool fence separating your pool from your house?

Is the outside of your pool fence at least 1.2m high all the way around? (so a small child

can’t climb over it)

Is the bottom of your pool fence less than 100mm above the ground all the way around?

(so a small child can’t get under it?)

Are all vertical or near vertical palings less than 100mm apart? (so a small child can’t slip

between them)

Are all horizontal or near horizontal fence rails more than 900mm apart (NCZ)? (so a small

child can’t get a foothold)

Is your pool fence well maintained? (ie no holes broken palings etc)

Is your pool fence away from any objects that could help a small child climb over the fence

(eg BBQ’s, trees, rocks, shrubs, deckchairs etc)

Check the pool gate - Does your pool gate:

Close by itself from any open position?

Latch by itself when it closes?

Open outwards, away from the pool?

Never get propped open/ tied back?

Have a latch release which is at least 1500mm above the ground level or is it appropriately

shielded? (so a small child can’t open the gate.)

Check your windows:

Check any windows that could allow a child to go from your house directly to the pool.

Are all windows “child resistant”? ( so a small child can’t get through)

What about above ground pools?

Are the walls of your pool at least 1200mm high all the way around? (so a small child can’t

climb over it)

Is the side of the pool free of bracing, indents, projections, filtration equipment etc (that

could help a small child climb over the side)

Is any ladder and filtration equipment enclosed by the fence with a self-closing gate?

Do you have CPR (mouth to mouth) instructions clearly displayed near the pool?

Relevant Legislation

The legal requirements dealing with the installation of a swimming pool and matters such as

Building Approval, Boundary Clearances and Fencing are found in the:

1. Building Act 1975

2. Standard Building Regulation 2006

3. Detailed specifications for swimming pool fencing are generally based on the Australian

Standards AS1926.1 – 2007 and AS1926.2 - 2007.

4. Queensland Development Code MP4.3.



BDI001 of 17 14/01/2015




Telephone: 07 5481 0400

Facsimile: 07 5481 0801



The reason for the Legislation

The principle behind the legislation is to reduce the risks confronting young children by

requiring pool owners to provide fencing around swimming pools. It must be remembered

that these children may be:

1. Resident of the property;

2. Visiting the property

3. On the property without permission.

The objective is to reduce the number of drownings and the incidence of brain damage

caused by prolonged submersion of young children (under the age of 5 years) in outdoor

swimming pools.

The responsibility for fencing around the pool has been and remains with the owner of

the land.

If you have any questions please contact Gympie Regional Council:

Planning & Development Directorate

Building Section

29 Channon Street, Gympie QLD 4570

PH: (07) 5481 0400

FAX: (07) 5481 0801

Acknowledgments

Gympie Regional Council gratefully acknowledges information provided by the Department of

Local Government & Planning, Standards Australia, and the Queensland Government.

Disclaimer

Gympie Regional Council shall not be liable to any person under any circumstances

whatsoever, arising by virtue of a claim for breach of warranty (express or implied), tort

(including negligence), strict liability or otherwise for actual, incidental, contingent, special or

consequential damages lost profits or revenues arising directly from or out of (but not

restricted to) any claim arising out of the inaccuracy of any information contained in this

publication.

Any person investigating any issues addressed in this publication should also seek their

own independent legal and technical advice and consult Council of specific matters

relating to their pool fencing.



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