Owners will need to organise an

inspection by a registered building

inspector or building surveyor to

determine if their safety barrier

is compliant with the appropriate

standard.

Find a registered building inspector

or building surveyor by visiting the Australian

Institute of Building Surveyors website or the

Victorian Building Authority website.

Compliant

The inspector will issue a compliance certificate which

the owner needs to provide to council.

Non-Compliant

The inspector will either:

1.

Issue a notice

identifying areas that need to be

addressed. A follow-up inspection is required OR

2.

Issue a non-compliance certificate

if the barrier

poses a significant and immediate risk to life or

safety. The inspector will lodge the non-compliance

certificate with Council and Council will contact

the owner. The owner must pay a fee to Council

at this stage. This fee has been set by the State

Government.

All owners of permanent and

relocatable swimming pools and spas

are required to register their pool or spa

with their local Council by 1 November

2020. Brimbank City Council will be

taking registrations online.

Attach all relevant building permit

documents including the final

inspection or occupancy permit (if you have them). These

documents will help determine the relevant safety barrier

standard, which differ depending on the age of your pool

or spa barrier.

A one-off registration and search fee applies. This fee

has been set by the State Government.

Once registered, Council will

investigate your property’s

history to determine the relevant

safety barrier standard

. There are

three standards based when your

pool or spa barrier was installed*:

• Before 8 April 1991

• Between 8 April 1991 and 30 April 2010

• After 1 May 2010

You will be sent a letter detailing which standard applies,

as well as information on the next steps you will need to

take.

Register

www

Receive

Information

From Council

Inspect

& Repair

Pools and Spas –

New Regulations

Page 1 of 2

Pools and Spas – New Regulations

Compliance certificate due dates:

For a swimming pool or spa with a date of

construction on or before 30 June 1994

1 June 2022

For a swimming pool or spa with a date of

construction on or after 1 July 1994 and

before 30 April 2010

1 June 2023

For a swimming pool or spa with a date of

construction on or after 1 May 2010 and

before 31 October 2020

1 June 2024

Pools and spas constructed on or after 1 November 2020

Your first certificate of barrier compliance must be lodged

within

30 days of the date of issue of the certificate

. This

certificate must accompany your application for registration.

When the council receives a certificate

of barrier compliance, they will send

you a written notice, which confirms:

• the date the certificate was lodged

• the date by which the next certificate is required to be

lodged, which is 4 years after the previous certificate.

It is important to note that under this new legislation

the standards are not getting stricter – they are the

same as when your pool or spa barrier was built.

The aim of the new laws is to make sure your barrier

continues to meet that standard. This is because over

time gates, latches and fences can become unsafe

because of wear and tear, house alterations or ground

movements.

All swimming pools and spas containing water greater

than (30cm must have a compliant safety barrier to

restrict access to the pool area. This includes:

• In-ground pools and spas

• Indoor pools and spas (except for bathroom spas)

• Above ground pools and spas

• Relocatable (including inflatable) pools, spas and hot tubs.

All pool and spa barriers require a building permit.

For more information about Council services

and programs please phone

or visit

brimbank.vic.gov.au

Lodge

Compliance

Certificate

Update Every

4 years

To help reduce the risks of drowning incidents, the

Victorian Building Authority (VBA) has developed three

self-assessment checklists to help swimming pool and

spa owners check the safety of their barriers.

Visit:

www.vba.vic.gov.au/consumers/swimming

-pools

Council encourages all owners to use these checklists

to maintain the safety of their pools and spas.

Inspectors will look for a range of factors to do with

barrier compliance. Inspectors will ensure that:

• Gates are self-closing and self-latching

• All barriers are rigid and secure

• All climbable objects like pot plants, garden furniture,

BBQs and toys are 1.2m away from the barrier.

For more information on safety around pools and spas,

visit Life Saving Victoria and Kidsafe Victoria. Also

check the VBA Pool and Spa FAQs.

Please provide information, such as photos or plans,

related to any works without a permit that are in the

vicinity of your pool or spa safety barrier. This will help

determine the relevant safety barrier standard you will

need to comply with.

: •

It is an offence to prop open any gate or door

providing access to a swimming pool or spa.

• Owners and occupiers have an obligation

in accordance with Division 3, Part 9A of

the Building Regulations 2018 to ensure

maintenance and operation of barrier for

swimming pools and spas are properly

maintained and operating effectively at all times

Page 2 of 2