The ACT Government is committed to avoiding preventable deaths and serious injuries from drownings and near drownings in home swimming pools and spas in the ACT.
New rules aim to protect the public by making sure that home swimming pools and spas in the ACT are fenced in accordance with current safety standards and are maintained.
The home swimming pool safety reforms will apply to a home swimming pool or spa that is:
- capable of containing water to a depth greater than 30cm; and
- is 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.
Scheme commencement and transition period
The scheme will commence on 1 May 2024, with a four-year transition period for homeowners to make sure that their swimming pool or spa has a safety barrier that meets current safety standards.
Making home swimming pools and spas compliant with current safety standards
The new rules require home swimming pools and spas in the ACT to have a safety barrier, such as a fence, which meets current standards from 1 May 2028.
The changes that need to be made to safety barriers to make them compliant will depend on 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.
Measures to address safety around all home swimming pools
The new rules also require owners maintain safety barriers and prevent access to backyard swimming pools and spas when not in use. From 1 May 2024, all pool owners will be required to properly maintain their safety barriers and ensure that all doors, gates and covers providing access to the swimming pool or spa are kept securely closed when not in use.
The new rules also require information about a swimming pool or spa to be given when a property is sold. This also applies for advertising properties for lease.
More information
Further information about the new rules can be found in the below material:
- Pool Safety Reforms: Summary of the Scheme [296.2 KB]
- Pool Safety Reforms: Detailed overview of the Scheme [291.3 KB]
- Pool Safety Reforms: Obligations for pools built before 1 May 2013 [327.8 KB]
- Pool Safety Reforms: Obligations for pools built between 1 May 2013 and 30 April 2023 [286.0 KB]
- Pool Safety Reforms: Obligations for pools built on or after 1 May 2023 [282.9 KB]
Information about what changes you may need to make to meet the new rules can be found in the below factsheets:
- Factsheet – Pools built between 1972 and 1979 [1.3 MB]
- Factsheet – Pools built between 1980 and 30 September 1991 [1.3 MB]
- Factsheet – Pools built between 1 October 1991 and 30 June 1997 [1.3 MB]
- Factsheet – Pools built between 1 July 1997 and 30 April 2008 [1.3 MB]
- Factsheet – Pools built between 1 May 2008 and 30 April 2013 [1.3 MB]
FAQs
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 you are excluded from the scheme.
If the pool has a filtration system, it will become a demountable swimming pool and therefore covered by the scheme. This is a change to existing rules.
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.
There are new rules, which are also known as the "prescribed safety standards".
For swimming pools and spas built or altered before 1 May 2023:
- 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 you must meet:
- 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 rules 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 installation or construction of a pool may need to be undertaken by a licensed builder and signed off by a licensed building surveyor.
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. Some partially exempt building work does not need to be signed off by a builder or building surveyor, but some does require sign off by a building surveyor.
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.
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.
In addition, the ACT Government has developed factsheets that set out the new rules for swimming pool barriers in the ACT and how this compares to the rules that applied at various times a pool or spa may have been installed. These factsheets contain all the information community and pool owners need to know about the reforms and the new standards they need to meet.
Pool barrier installers can also provide advice on whether you have a compliant barrier or not and have access to and a detailed understanding of the prescribed standards.
