Swimming Pool Safety & Regulations
South Australian regulations require all swimming pools to be fenced unless specifically exempted.
All swimming pools must have a continuous safety barrier that is maintained by the pool owner and which restricts access by young children to the pool and the immediate pool surrounds. There are specific requirements in the Standards regarding fences, gates and any doors or windows which provide direct access to a pool.
Any excavation or structure containing water to a depth greater than 300 mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa.
Note: for the purpose of the Development Act, a spa pool is a swimming pool.
Requirements and key dates:
2 December 2010
Any person applying for building rules consent from this date, will not be able to use child-resistant doors as part of a required child-safety barrier for an outdoor swimming pool. They will be required to have a fence to isolate the swimming pool from the house.
Any person who sells a property with a prescribed swimming pool (pre-July 1993) will not be able to use child-resistant doors as part of a required child-safety barrier for an outdoor swimming pool, except in certain circumstances - see Minister's Specification SA 76D (below), they will be required to have a fence to isolate the swimming pool from the house.
Ministers Specification SA 76D - Swimming Pool Safety—new prescribed requirements for upgrading prescribed swimming pools
was adopted on 2 December 2010.
Note: If a person sells a property with a swimming pool, for which an application for approval was submitted on or after 1 July 1993, the child-safety barriers must comply with whatever was approved at the time. Therefore, if the approved child-safety barriers included child-resistant doors, this does not have to be changed when the property is sold. Please check with SPASA if unsure.
1 May 2010
The 2007 versions of the Australian Standard, parts 1 & 2 were adopted on 1 May 2010. AS 1926.1—2007 requires a boundary fence, if used as part of the child-safety barrier, to be at least 1.8 metres high, and the 900mm non-climbable zone can be located at the top on the pool side of the fencing. Any property with a prescribed swimming pool (pre-July 1993) and any new swimming pool must comply with the 2007 versions of AS 1926 parts 1 & 2.
A swimming pool built between 1 July 1993 and 30 April 2010 is subject to the requirements of the standards that were in place when the application for building rules consent was submitted.
1 October 2008
New swimming pool safety regulations came into effect on 1 October 2008. The new rules require all homes with pools built or installed before 1 July 1993 to have up-to-date child-safety barriers in place before the property can be sold.
For pools built or installed before 1 July 1993, it is the responsibility of the pool owner to make sure that latest pool safety requirements are met prior to the settlement date when selling a property with a swimming pool. Specific pool safety requirements are set by Australian Standards adopted by the State Government.
Note: If the swimming pool or spa pool was built or installed on or after 1 July 1993, the child-safety barriers do not have to be upgraded before the house can be sold. That requirement only applies to pools built or installed before 1 July 1993. In the case of a swimming pool or spa pool that was built or installed on or after 1 July 1993, the safety features must comply with whatever was approved at the time, and the owner must ensure the safety features are maintained in working order at all times.
What are the requirements for fencing of swimming pools in South Australia?
All swimming pools must have suitable safety barriers or safety fencing to restrict access by young children to the immediate pool surrounds.
In South Australia, you can use any combination of fences, walls, or buildings to form the safety barrier around a swimming pool.
Where can I find the appropriate standards for swimming pool safety?
The relevant Australian Standards are:
AS 1926 Swimming Pool safety
Part 1: Fencing for swimming pools
Part 2: Location of fencing for private swimming pools
Part 3: Water recirculation systems
These Australian Standards are available from the Standards Australia website.
Examples include:
Fencing must be constructed, such that:
- the outside of the fence is an effective barrier to young children
- it is permanent
- it does not provide access for young children to crawl under or to climb over by using foot/hand holds
- it is not less than 1.2 metres high
- Boundary fences, if used as part of the child-safety barrier, must be at least 1.8 metres high.
Gates to the pool area must:
- only swing outward from the pool area
- be self closing from any position
- be fitted with a latching device that is out reach of small children (generally 1.5 m above ground level)
Doors providing direct access from the house to the pool area must be fitted with:
- a door closer, and
- a self-latching device located at least 1.5 m above floor level.
Windows, which can be opened, are less than 1.2 m above the floor and provides direct access from the house to the pool area, must have one of the following:
- bars or mesh screen
- mechanism limiting the size of the window opening or in some cases, a securely fixed flyscreen
Swimming Pool Safety Checklist
- Fence the pool with a four sided fence, this means that access to the pool is via a gate not the house. It is also preferable that the pool area is only used for swimming and that any equipment not related to the functioning of the pool should be stored outside the pool area.
- Is the gate self-closing and self latching?
- Ensure the gate is not propped open at any time.
- Children should be supervised whenever they are in, or around water, and this supervision should be any adult and the child should be within arms reach at all times.
- Have you and your child undertake water familiarisation classes.
- Learn resuscitation. To view Royal Life Savings Resuscitation fact sheet click here.
Pool and spa safety
Swimming pool safety
Development approval for a new pool
Above-ground or inflatable pools
Installing a portable pool or spa on a deck
Legal obligations when selling a house with a swimming pool
Swimming pool safety
As a swimming pool or spa owner you are responsible for safety.
Drowning is the biggest cause of accidental death for young children. Most occur in private backyard swimming pools. You can reduce the risk of accidents occurring in your swimming pool by adequately fencing your pool and ensuring young children are supervised at all times.
In a life-threatening or urgent situation phone the emergency services on 000.
Fencing
All swimming pools must have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool.
If you are an owner of and are selling a property with a pool built before July 1993 you must make sure that the safety barrier meets todays standard for new pools.
Fencing must be constructed to make sure that:
- the outside of 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 either side with a 900mm non-climbable zone. The non-climable zone may be located at the top inside of the boundary fence if the fence is at least 1.8 metres high on the inside.
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 (1.5m 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.
Filtration
In-ground or above-ground swimming pools and spas must have a water recirculation and filtration system that complies with Australian Standards®. This is to reduce the risk of a young child being trapped by suction.
Maintenance
As a swimming pool owner you must make sure that all required swimming 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.
Supervision
Children can move quickly and do not recognise the dangers of a pool. Close child supervision will help to reduce the number of drownings in private swimming pools.
In a life-threatening or urgent situation phone the emergency services on 000.
Resuscitation
Resuscitation skills are crucial because they save lives – make certain that someone on the property has these skills.
In a life-threatening or urgent situation phone the emergency services on 000.
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.
Fencing must be installed before a new pool is filled with water.
Above-ground or inflatable pools
If the pool has a filtration system you will need to:
-
obtain approval from your local council , and
- ensure safety features are in place.
All pools with a filtration system must have two suction points that are at least 800mm apart. This will relieve the pressure and reduce the seriousness of injuries if a child blocks a suction point. Some pools are sold with adapters that allows them to meet this requirement.
The sides of an above-ground pool can be a suitable safety barrier if:
- they are non-climbable to at least 1.2 metres high, and
- a barrier is placed around the ladder (even if it is removable), and
- 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 pool or spa:
- on a deck
- on a balcony
- on a suspended floor
- near a retaining wall.
They will be able to check that the deck or wall will be able to safely take the weight of the pool or spa.
Legal obligations when selling a house with a swimming pool
Swimming pools built before 1 July 1993
If you are selling your property with a swimming 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 that a swimming pool is located on is not for sale, the swimming pool can continue to comply with the old Swimming Pools Safety Act 1972 (PDF 24KB). For an alternative version of this document contact the Building services.
The Swimming Pool Safety Act 1972 requires a swimming pool owner to ensure that the swimming 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 
(PDF 207KB) before settlement. This means that barriers must be installed to separate the pool area from the house where ever possible.
Swimming pools built on or after 1 July 1993
Swimming 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 swimming pool from the house, garage, street and any adjoining properties.
Getting a pool inspected
You don't have to get a swimming pool inspected but some council officers, building consultants and private certifiers are able to inspect pools and can give advice.
But SPASASA highly recommends that your property should be inspected by experienced pool barrier inspectors that are familiar with, and will abide by the Australian Standard AS1926.1-2010 and amendments. Please contact SPASA for more information or click this link. Fencing and Safety
Only council officers have legislative authority under the Development Act 1993 to enforce requirements for swimming pool safety.
Find your local council on the Local Government Association of South Australia's website.
More information
Other websites
Australian Standards®
Royal Life Saving Society
Australian Red Cross
St John Ambulance
Kidsafe
Kids Alive
Downloads
Is your swimming pool kid safe (PDF 494KB)
Ministers Specification SA 76D Swimming pool safety requirements for upgrading prescribed swimming pools (PDF 208KB)
For an alternative version of these documents contact the Department of Planning and Local Government
Domestic swimming pools: water care (PDF 990KB)
For an alternative version of this document contact Public Health .
Legislation
Development Act 1993
