Ensuring Pool and Spa Safety Compliance in Victoria
Since 1 December 2019, Victoria has implemented rigorous standards to enhance pool and spa safety. Pool or spa owners are now legally required to register these installations with their local council and ensure compliance with updated safety standards.
Registration and Barrier Compliance
Owners must register their pool or spa with their council and are responsible for having a compliant safety barrier in place. If a barrier is found non-compliant, it is the owner’s duty to make the necessary adjustments to meet safety requirements.
The regulations cover pools and spas with a minimum water depth of 300 mm (30 cm), including in-ground, above-ground, indoor pools, hot tubs and wading pools. Small inflatable pools that consist of a single piece and require no assembly other than inflation are exempt from these barrier requirements.
Safety Pool Barrier Inspections
Once your pool or spa is registered, a safety barrier inspection must be conducted by an authorised professional, such as:
• A registered building surveyor,
• A registered building inspector, or
• A municipal building surveyor.
These professionals can determine if your safety barrier meets the applicable standards. Here at Rules for Pools and Spas, we are Fully Qualified Pool and Spa Safety inspectors and are VBA Licensed and VBA police checked. Contact Us Here
Obtaining a Certificate of Barrier Compliance
Should the inspector find your barrier compliant, they will issue a certificate of compliance. You must then lodge this certificate with your council within 30 days of its issuance. Upon receiving the certificate, the council will confirm the lodging date and the due date for the next certificate—four years after the initial lodgement. Please note that a fee is payable upon submission.
Compliance Deadlines for Pools and Spas
• Constructed before 1 November 2020Compliance certificate due dates vary based on the construction date:
• On or before 30 June 1994: Lodge by 1 June 2022.
• 1 July 1994 – 30 April 2010: Lodge by 1 June 2023.
• 1 May 2010 – 31 October 2020: Lodge by 1 June 2024.
For pools and spas constructed on or after 1 November 2020, the initial Pool and Spa Safety compliance certificate is due within 30 days of issuance and subsequent certificates are due every four years. Specific dates can be confirmed with your council.
Handling Non-Compliant Barriers
During the Pool fence inspection, if a barrier is found to be non-compliant, the inspector may issue a certificate of non-compliance or provide a written notice outlining the necessary adjustments to bring the barrier up to standard. Owners typically have up to 60 days to comply, with a re-inspection scheduled. If compliance is achieved upon re-inspection, a certificate of compliance will be issued and must be lodged with the council.
In cases where progress has been made but full compliance has not yet been reached, the inspector may grant an additional seven days for further adjustments. Should the barrier remain non-compliant, the inspector will issue a final certificate of non-compliance, which is lodged with the council. Following this, the council will issue a notification requiring a fee by a specified due date.
Council Follow-Up Actions
Upon receiving a certificate of non-compliance, the council’s municipal building surveyor may issue one of the following:
• A barrier improvement notice, detailing the adjustments required to meet compliance, or
• A notice or order under the Building Act 1993, should the level of non-compliance warrant further action.
For minor non-compliance issues, a barrier improvement notice will typically specify the required changes and the time frame for compliance.
For additional information about Pool and Spa Safety or to arrange an inspection, visit the Victorian Building Authority’s website or consult with your local council. Remember, we are also here to answer any of your Pool and Spa concerns.