Pool Fencing

You should clearly identify who is going to erect the temporary fencing in the "pool construction contract".The builder is usually the best person to erect the temporary fence, and he is generally responsible for the safety of the site. If the builder is away at any time, you should make sure that the fence is not touched.

The temporary fence must give the same level of protection as the permanent fence and the permanent fence must be installed before water is put into the pool.

EXISTING POOLS

For existing swimming pools, you do not have to have a child-resistant barrier between the pool and the house as long as entry to the swimming pool is restricted at all times and complies with the standards.

RESTRICTING ACCESS

Where access to the swimming pool area needs to be restricted, (eg. existing pools, pools on very small properties or pools on waterfront properties) the following methods MUST be applied:

1. For each doorway which opens to the swimming pool:
   
   
   1. the door (or if there is also a security door, either door) must be a child-safe door and must be kept child-safe by means of a lock, latch, bolt, chain or other child-resistant device, which must be located at least 1.5m above finished floor level; and
   2. there must not be any footholds in the door or on the door frame which are wider than 10mm between the release mechanism ofthe door and 100mm above finished floor level; and (iii) the door must open AWAY from the pool enclosure.
2. A lock, latch, bolt or chain or other child-resistant device located less than 1.5m above finished floor level (in addition to the required child-resistant device) is not judged to be a foothold for the purposes of subclause 4a(ii).
3. In relation to each window which allows entry to the swimming pool:
   
   
   1. the height of the bottom of the window must be at least 1.2m above finished floor level.This measurement is worked out from the bottom of the lowest opening panel of the window when the window is closed.
   2. there must not be any footholds wider than 10mm within 1.1m below the bottom of the lowest opening panel of the window.
4. Subclause 4c does not apply to child-safe window or to a window that is totally enclosed by a child-safe grill or by a fixed security flyscreen.

COMMERCIAL PREMISES

If you own premises where moveable dwellings, hotels and motels are located, you must make sure that new swimming pools are surrounded by a child-resistant barrier at all times.

The barrier must separate the swimming pool from any moveable dwelling, hotel or motel on the premises and from any place (where public or private) which is next to the premises.

The barrier must be located immediately around the swimming pool.

The barrier must be designed, built, installed and maintained in accordance with the standards prescribed by the regulations.

The pool enclosure is to contain no structures apart from the swimming pool and structures (eg diving boards and pool filtration plants) which are ancillary to the swimming pool.

Child-resistant barriers do not have to be placed immediately around existing swimming pools which service hotels, motels and moveable dwellings and may enclose other structures (see also "Restricting Access", above).

WORKMANSHIP

The design, construction and erection of fencing must be good enough to expect a reasonable life with a minimum of maintenance.

The fencing must not have any sharp edges, projections and the like which could be dangerous.

COSTS FOR THE CONSTRUCTION OF FENCES ON THE BOUNDARY LINE

If the dividing fence forms part of the child-resistant barrier, the cost of building, changing, repairing, replacing or maintaining a dividing fence is to be paid by the owner of the premises on which the swimming pool is situated,

or

if the swimming pools are situated on more than one of the premises bounded by the dividing fence, (ie your neighbour also has a pool) the owners of each of those premises pays for the appropriate proportion.

This section prevails over any provision of the Dividing Fences Act 1991 to the contrary.

Contact details
Dungog Shire Council
02 4995 7777 (ph)
02 4995 7750 (fax)
shirecouncil@dungog.nsw.gov.au