All swimming pools or spa pools must have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool.
If you are a property owner and are selling a property with a swimming pool or spa pool built before July 1993 you must make sure that the safety barrier meets today's standard for new pools. Fencing must be constructed in such a way to make sure that:
- the fence is an effective barrier to young children
- it is permanent
- young children can't crawl under or climb over it by using foot and hand holds
- it is at least 1.2 metres high
- any boundary fences used as part of the child-safety barrier are at least 1.8 metres high on the side that faces the pool, with a 900 millimetres non-climbable zone at the top inside of the fence, a boundary barrier may be climbable on the neighbour's side.
Gates to the pool area must:
- swing outward from the pool area
- be self-closing from any position
- be fitted with a latching device, out of reach of small children, at least 1.5 metres above ground level.
Hard covers on spas
Child-resistant hard covers cannot be used as safety barriers in place of a fence for above-ground spa pools because:
- there are no current regulatory standards for spa pool covers
- when the cover is off the spa pool there is no barrier.
In-ground or above-ground swimming pools and spa pools must have a water re-circulation and filtration system that complies with Australian standards. This is to reduce the risk of a young child being trapped by suction or hair entanglement.
As a swimming pool or spa pool owner you must make sure that all required pool safety features are maintained in working order at all times. Gates should never be propped open and it is very important that a gate closes and latches every time it is opened.
Development approval for a new pool
Development approval is required for a new swimming pool, spa pool and safety fencing. Your local council will check:
- the details and location of safety barriers
- the safety of the pump
- the adequacy of structural support for the swimming pool or spa pool.
Fencing must be installed before a new pool is filled with water.
Above-ground or inflatable pools and 'portable' spa pools
If the swimming pool or spa pool has a filtration system you will need to:
- get approval from your local council
- ensure safety features are in place.
The sides of an above-ground pool can be a suitable safety barrier if :
- they are non-climbable and are at least 1.2 metres high
- a barrier is placed around the ladder (even if it is removable)
- a barrier is placed around anything else that can be climbed on.
Installing a portable pool or spa on a deck
You should seek the advice of an engineer or from your local council if you are thinking about installing a portable swimming pool or spa pool:
- on a deck
- on a balcony
- on a suspended floor
- near a retaining wall.
They are able to check that the deck or wall can safely take the weight of the swimming pool or spa pool.
Legal obligations when selling a house with a swimming pool or spa pool
Pools built before 1 July 1993
If you are selling your property with a swimming pool or spa pool, you are responsible for making sure that current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers.
If the property where a swimming pool or spa pool is located is not for sale, the pool can continue to comply with the old Swimming Pools Safety Act 1972 (20.6 KB PDF) . The Act requires a swimming pool or spa pool owner to ensure that the pool is enclosed by a fence, wall or building to restrict access by young children.
If the property is sold after 1 October 2008, the child-safety barriers must comply with Minister's Specification SA 76D (298.1 KB PDF) before settlement. This means that barriers must be installed to separate the pool area from the house where ever possible.
The revised Minister's Specification SA 76D took effect on 15 May 2014 by notice in the Government Gazette and only applies to prescribed swimming pools and spa pools as defined in section 71AA of the Development Act 1993.
Pools built on or after 1 July 1993
Swimming pools or spa pools built on or after 1 July 1993 must comply with the rules that were current when the application for construction was submitted. This includes the provisions of the Development Act 1993 and the Building Code of Australia to restrict access to the pool from the house, garage, street and any adjoining properties.
Getting a pool inspected
Only council officers have legislative authority under the Development Act 1993 to enforce requirements for swimming pool and spa pool safety.
Since 1 April 2014, new swimming and spa pools must be inspected by council within 2 months of the completion of the permanent, approved child-safety barriers. Further advice on the inspection requirements is available in Advisory Notice 07/13 Council inspections of new swimming pools.
Find your local council on the Local Government Association of South Australia website.
You are not required under the Development Act 1993 to have an existing swimming pool or spa pool inspected for compliance. There is also no requirement to have an inspection when selling a property with an existing swimming pool or spa pool.
Should you decide to have your pool inspected it is recommended that you use a private certifier to undertake the inspection of pool safety barriers and certify (or otherwise) compliance as they possess the appropriate qualifications, experience and professional indemnity insurance to perform this function. Private certifiers subject to Condition C cannot perform this function.
For an alternative version of the documents on this page contact Building Policy services.