The standards for swimming pool fences are set out in the following legislation:
All swimming pools are required to have safety barriers or fencing to restrict access by young children. Enforcement of swimming pool safety requirements is the responsibility of the local council.
Pools constructed before 1 July 1993 must be made compliant with current standards before the sale of the property. However, pools constructed on or after 1 July 1993 only have to comply to the standards in force at the time consent or approval for the construction of the pool was made.
It is the responsibility of the owner to make sure that these standards are met before the property is sold.
The required safety measures are outlined in the Australian Standards and more detail can be found at the sa.gov.au website. The pamphlet 'Is your swimming pool kid safe?' contains a useful summary of safety requirements.
Construction of new swimming pools
Notification must be made to the local council either by the builder or owner when construction of a new swimming pool is completed. Notification must also occur at the point that approved swimming pool child-safety barriers have been completed. A permit from SA Water must also be obtained before a new swimming pool is filled with water [see Part 6 of the Water Industry Regulations 2012 (SA)].
Where a swimming pool is completed after 22 September 1994, a person must not fill the pool with water unless the pool is enclosed by a barrier complying with Performance Requirement GP1.2 – Volume 1 and P.2.5.3 – Housing Provisions – Volume 2, of the Building Code [Development Regulations 2008 r 83B].
Maximum penalty: $4000
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.