Home swimming pool safety reforms

The new rules apply to all ACT home swimming pools and spas that can contain water to a depth greater than 30cm and are associated with a residential building such as a house, unit, townhouse or block of apartments. This includes in-ground and above-ground pools, temporary and permanent pools, wading pools, demountable pools, portable pools, kids’ pools and spas.

It will not apply to swimming pools in tourist and visitor accommodation such as hotels, motels and caravan parks. Swimming pools in these types of accommodation generally have more secure fencing and access restrictions, such as requiring access through secure doors with a pass, code or key. Extending the new rules to these pools may be considered in the future. The new rules do not apply to public swimming pools, which are already subject to specific regulatory requirements in the ACT under the Public Pools Act 2015.

Any building that has both a residential and a commercial element is covered.

If your inflatable pool can be deflated and inflated and does not have a filtration system it is not subject to the new rules.

If any part of the pool requires assembly other than inflation (i.e. has a frame), or if the pool uses or comes with a filtration system, it is a demountable swimming pool and therefore covered by the scheme.

This is a change to existing rules, as prior to the scheme inflatable pools were subject to the same requirements as all home swimming pools and spas. That is they were required to have a safety barrier compliant with the Building Code and Australian Standards called up by the Building Code.

Currently these types of pools are subject to the same requirements as all backyard swimming pools and spas in the ACT. This means, a demountable pool up for 1 day requires the same level of safety barrier as a permanent below-ground pool.

The new rules change this requirement by introducing an exemption for a temporary or demountable pool that is up for a period no longer than three consecutive days.

Currently spas and swim spas are subject to the same requirements as all home swimming pools in the ACT. This means that a spa should have a safety barrier which complies with the Building Code of Australia as adopted in the ACT from time to time.

When the scheme commences, a spa installed before 1 May 2023 will not be required to comply with the prescribed safety standards if:

• it is covered and secured by a lockable child-resistant structure (such as a door, lid, grille or mesh), or
• is located on the balcony of an apartment where self-closing and self-latching doors and/or windows restricts access.

If your spa was built, altered or installed on or after 1 May 2023, it will require a pool safety barrier compliant with the requirements contained in the building code at the time it was built, altered or installed.

Under the scheme, home swimming pools and spas will need to have a pool safety barrier that complies with the "prescribed safety standards" by 1 May 2028.

For swimming pools and spas built or altered before 1 May 2023, this is:

• the current version of the Building Code of Australia and
• two Australian Standards which are Part 1 and Part 2 of Australian Standards for Swimming pool safety.
  • Part 1 (AS 1926.1 – 2012) relates to safety barriers for swimming pools and
  • Part 2 (AS 1926.2 – 2007) is about the location of safety barriers.

The Building Code and these two Australian Standards are the current safety standards which stop young people accessing pools and lessen the risk of drowning.

For swimming pools and spas built or altered on or after 1 May 2023, this is:

• the Building Code of Australia and
• the Australian Standards called up by the Building Code at the time the swimming pool or spa is built or altered.

New pools will need to be built to meet new standards if they are updated in the future.

The Building Code and adopted Australian Standards set the modern safety standards which stop young people accessing pools and lessen the risk of drowning.

The scheme establishes a compliance certificate framework through which compliance with the prescribed safety standards is demonstrated. Alternative evidence of compliance is a certificate of occupancy for the swimming pool and barrier that is not older than 5 years.

Swimming pools and spas built, altered or installed before 1 May 2013 are required to obtain a compliance certificate before 1 May 2028 and lodge it with Government within 30 days of issue. Compliance certificates obtained during the transition period will be valid until 1 May 2032.

Swimming pools and spas built, altered or installed on or after 1 May 2013 are not required to obtain a compliance certificate by 1 May 2028 or lodge it with Government. This does not prevent a compliance certificate being obtained before then.

Compliance certificates will only be required to be obtained from 1 May 2028 for disclosure when a property with a swimming pool or spa is sold or leased. All compliance certificates issued from 1 May 2028 will be valid for five years. A certificate of occupancy that covers the swimming pool or spa and barrier can be used in place of a compliance certificate where it is less than five years old.

Compliance certificates need to be obtained from an authorised person. Licensed building surveyors (certifiers) in the ACT are automatically deemed an authorised person as they currently certify swimming pools or spas are built to the prescribed safety standards.

A list of additional approved authorised persons will be published online once available.

Please be aware that compliance certificates are not required for disclosure until 1 May 2028 (i.e. after the transition period).

There are some circumstances where a swimming pool or spa is not required to comply with the prescribed safety standards.

There are also circumstances where homeowners or owners corporations can apply for an exemption if the swimming pool or spa is unable to have a safety barrier compliant with the prescribed safety standards.

Information about Ministerial exemption grounds and applications is available in the Guideline about Ministerial Exemptions for regulation swimming pools.

The application process is being finalised and an application form will be available on this website.

During the transition period, all homeowners who are selling a property with a swimming pool or spa that was built, altered or installed prior to 1 May 2023 must provide the Pool Owners Guidance Material which outlines the obligations on owners of premises on which a regulated swimming pool is located. This requirement does not apply to pools built, altered or installed on or after 1 May 2023.

In addition to this, all homeowners who are selling a property with swimming pool or spa must provide at least one of the following documents:

1. Swimming pool disclosure statement; or
2. Certificate of occupancy (that covers the pool and the safety barrier) that is not older than 5 years; or
3. Compliance certificate; or
4. Exemption certificate (Ministerial exemption only)

Documents mentioned at 3 and 4 are not required to be used for disclosure until after the transition period, as it is not a requirement to have one of these until it becomes mandatory to have a compliant swimming pool or spa on 1 May 2028.

The changes that need to be made to safety barriers will depend on several factors. These include the type of safety barrier that is currently in place and the location of the swimming pool or spa in relation to other buildings, structures and boundary fences on the property.

Any swimming pool or spa built, altered or installed since 1 May 2013 has been legally required to be compliant with the safety standards. Any work needed on these swimming pools and spas should be limited.

The main upgrades will be required for swimming pools and spas built, altered or installed before 1 May 2013. The likely changes required for swimming pools and spas built before 1 May 2013 are documented in the factsheets above.

If you are not aware of the installation date of your swimming pool or spa, a pool installer or SPASA member should be able to provide advice. You may also seek information from Access Canberra who may hold information if a certificate of occupancy was issued for the pool or the pool has been subject to an inspection.

During the transition period homeowners are only expected to disclose information reasonably within their knowledge as about the regulated swimming pool to inform potential buyers of work that may be required to be compliant with the new rules. For example, the date that the house was purchased (with an existing swimming pool or spa), or the date of a renovation which included the swimming pool area.

To be able to be appointed as an authorised person, an applicant must:

1. have the experience and skills to undertake the functions of an authorised person, and
2. be a suitable person to undertake the functions of an authorised person

Further information about how to apply to be appointed as an authorised person can be requested by emailing EPSDDBuildingReform@act.gov.au and CWPL@act.gov.au.

The installation or construction of a pool may need to be undertaken by a licensed builder and signed off by a licensed building surveyor (certifier).

The Building (General) Regulation 2008 (schedule 1, Parts 1.2 and 1.3) sets out what requires approval and what is exempt or partially exempt building work.

Pool safety barriers are partially exempt from getting approval if the:

• fencing and barriers comply with the building code; and
• fencing and barriers are constructed in a proper and skilful way; and
• fencing and barriers are inspected and certified as compliant with the Building Act 2004 (other than Part 3) by a certifier.

If there is other building work taking place which needs approval, it may need to be undertaken by a licensed builder and signed off by a licensed building surveyor (certifier).

Standards Australia provides free viewing access to Australian Standards for the general public through their online Reader Room. Copies of the relevant Australian Standards for swimming pools (AS1926.1 and AS1926.2) are available in the Reader Room.

The ACT Government has developed factsheets that outline the updated regulations for swimming pool barriers in the ACT. These factsheets compare the current standards with those that were applicable at different installation times for pools and spas.

Pool barrier installers can also provide advice on whether you have a compliant barrier or not. They have a detailed understanding of the prescribed safety standards.

In the ACT, the backyard swimming pool remains the most common location for drownings for those under 5 years of age. It is estimated conservatively that for every child that fatally drowns in an Australian pool, between four and seven are resuscitated, suffering life-long disability from brain, lung and other organ damage.

It is not only children that live at houses with swimming pools that drown or suffer serious injury from a near-drowning incident, children and relatives that may be visiting or children from neighbouring properties are also at risk.

Pool safety barriers are a vital safety measure designed to help restrict access of children to a pool or spa, and are considered the best means of preventing fatal and non-fatal drowning incidents when combined with supervision. The changes respond to the risks to individuals (particularly children) of death and serious injuries from fatal and non-fatal drowning incidents in home swimming pools. The changes are also in line with what has been introduced in other jurisdictions in Australia to address these same issues.