Title Page

  • Site conducted

  • Property owner

  • Contact number

  • Email

  • Type of pool

  • Building permit provided

  • Barrier Type

  • Date of inspection

  • Location
  • Municipality

  • Council Applicable Barrier Standard letter provided

FENCE / BARRIER

Boundary & Internal Imperforate Barrier – Part 9 Building Regulations

  • The pool/spa barrier including the boundary fence consists of a paling or imperforate fence with a minimum height of 1.5m measured above the ground level on the approach side.

  • Does the barrier consist of an open type barrier in accordance with AS1926.1-1993

Fence in accordance with AS1926.1 – 1993

  • The barrier is a permanent structure

  • Upgrade and maintain the barrier to ensure it is a permanent structure.

  • The barrier has a minimum height of 1200mm above finished floor level.

  • Upgrade and maintain the swimming pool/spa barrier ensuring it achieves an effective height of not less than 1200 mm.

  • The 1.2m Non Climbable Zone on the outside of the barrier is clear of climbable objects. <br>Note: Check intersections

  • Remove all climbable objects on the approach side of the internal barrier ensuring there are no footholds within the non-climbable zone ‘NCZ’ (NCZ is a 1200 mm radius on the outside of a barrier as a quadrant measured downward from the top of the barrier).

  • The 300mm Non Climbable of the barrier is clear of climbable objects.<br>Note: Applicable if the spacing of the vertical elements is greater than 10mm.

  • Remove objects/vegetation that are located within 300mm of the barrier.

  • Barrier outside surface - The horizontal rails and all projections and indentations (potential footholds or hand holds for children) with a depth of 10mm or more are:<br>a. spaced at least 900 mm apart, and<br>b. at least 1100 mm below the top of the barrier; or<br>c. slope away from the pool by at least 60 degrees to the horizontal?

  • Upgrade and maintain the swimming pool/spa barrier ensuring there are no projections or indentations that form a depth greater than 10 mm, unless they are spaced greater than 900 mm apart and provided that the lower projection or indentations are at least 1.1 m below the top of the barrier. Note: projections or indentations may be protected with a chamfer of 60˚ or greater.

  • Barrier surface is free of sharp edges and sharp projections.

  • Upgrade and maintain the barrier surface to ensure that it is free of sharp edges, sharp projections etc.

  • The width between vertical elements are a less than 100mm.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the clear space between any adjacent vertical member does not exceed 100mm at any point long the barrier.

  • The openings between the bottom of the barrier and the finished ground level is less than 100mm

  • Upgrade and maintain the swimming pool/spa barrier ensuring the gap between the bottom rail of the barrier and the finished ground level is no greater than 100mm.

  • The ground surface under the barrier is stable (no loose ground, sand, pebbles, chip-bark etc)

  • Upgrade and maintain the swimming pool/spa barrier ensuring the surface beneath the barrier is stabilised i.e. no loose ground, sand, pebbles, chip park etc,

  • Barrier is vertical or leans by a maximum of 15 degrees

  • Upgrade the swimming pool/spa barrier ensuring the fencing is vertical or leans towards the pool by not more than 15 degrees

  • Barriers intersecting a boundary fence - The boundary fence has the horizontal rails protected for a distance of 1200mm outside the pool enclosure and 300mm inside the pool enclosure.

  • Install timber palings or other solid material to protect the horizontal rails of the boundary fence for a minimum distance of 1200mm on the outside of the pool fence and 300mm on the inside of the pool fence.

  • Barrier with perforated material or mesh with 13mm maximum openings has a minimum height of 1200mm.

  • Upgrade and maintain the barrier to ensure the barrier has no perforations greater than 13mm

  • Barrier with perforated material or mesh with openings greater than 13mm but less than 100mm:<br>a. Have a minimum height of 2.4m; or<br>b. Have a vertical section of at least 1.8m and a minimum 450mm cranked top above. The cranked top must have apertures less than 100mm; and<br>c. Has strainer wires or rails at the top and bottom.<br>

  • Upgrade and maintain the barrier to ensure the following: a. It has openings less than 100mm; and b. It has a minimum height of 2.4m; or c. It has a vertical section of at least 1.8m and a minimum 450mm cranked top above. The cranked top must have apertures less than 100mm; and d. Has strainer wires or rails at the top and bottom.

  • Above ground pools<br>- The wall of the pool/spa used as a barrier has a minimum height of 1.2m above the ground level.<br>- The wall of the pool/spa has no climbable elements on the outside surface greater than 10mm, within the 1.2m non climbable zone.

  • Upgrade and maintain the above ground pool/spa ensuring there are no projections or indentations that form a depth greater than 10mm, unless they are spaced greater than 900mm apart and provided that the lower projection or indentations are at least 1.1m below the top of the barrier. Note: projections or indentations may be protected with a chamfer of 60˚ or greater.

  • Upgrade and maintain the above ground pool/spa ensuring the walls of the pool are not less than 1200mm above the finished floor level.

DOORS & GATES

DOORS AND GATES IN A WALL OR FENCE (including dwelling) - PART 9A OF THE BUILDING REGULATIONS

  • The door or gate must have a self-locking or self-latching device that prevents the door or gate (if the door or gate is in its closed position) from being opened by a person unable to reach the opening mechanism for the door or gate.

  • The opening mechanism on the door or gate must be located not less than 1500mm above the ground level or the internal floor level (as the case requires), measured from the approach side.

  • The door or gate must be fitted with a device that returns the door or gate to its closed position<br>(i) from any position in the range of positions from fully open to resting on the lock or latch; and<br>(ii) from a stationary start from any position within that range without the application of manual force

  • Upgrade and maintain the doors to ensure: a. The door or gate must have a self-locking or self-latching device that prevents the door or gate (if the door or gate is in its closed position) from being opened by a person unable to reach the opening mechanism for the door or gate. b. The opening mechanism on the door or gate must be located not less than 1500mm above the ground level or the internal floor level (as the case requires), measured from the approach side. c. The door or gate must be fitted with a device that returns the door or gate to its closed position (i) from any position in the range of positions from fully open to resting on the lock or latch; and (ii) from a stationary start from any position within that range without the application of manual force

DOORS, GATES AND FITTINGS IN A FENCE COMPLYING WITH AS1926.1 -1993

  • All gates providing access to the pool area swing outwards, away from the pool area

  • Upgrade and maintain the gate, forming part of the swimming pool/spa barrier, ensuring gate swings outwards and away from the pool area

  • The gate swings freely, self closes and self latches through its entire arc of operation

  • Upgrade and maintain the gate to ensure it swings freely, self closes and self latches through its entire arc of operation.

  • All doors and gates have a self-closing and self-latching device with an opening mechanism that:<br>- Are located at least 1500mm above the ground or internal floor; AND<br>- Are located at least 1400mm above the highest of the lower horizontal barrier/gate rail

  • Upgrade and maintain the gate to ensure the latch opening device/handle is: - Located at least 1500mm above the ground or internal floor; AND - Located at least 1400mm above the highest of the lower horizontal barrier/gate rail

  • Door/gate latch release located on the inside of gate/door<br>-Latch is located a minimum 150mm down from top of gate. <br>- Shielding of latch has a minimum radius of 450mm.

  • Upgrade and maintain the latch to ensure: a. It is located a minimum 150mm down from top of gate. b. Shielding of latch has a minimum radius of 450mm.

  • The gate returns to the closed position and latches from stationary start and from any position without manual force.

  • Replace the gate hinges to ensure the gate returns to the closed position, from a stationary start and form any position without manual force.

  • The self-latching device automatically engages on closing of the gate and prevents the gate from being reopened without being manually released.

  • Install/replace the self-latching device to ensure the latch automatically engages on closing of the gate and prevents the gate from being reopened without being manually released.

  • The gate self-latching device are incapable of being adjusted without the use of tools

  • Install a self-latching devices that is incapable of being adjusted in operation or adjusted without the use of tools

  • The gate surface including hinges/springs that protrude from the barrier more than 10mm are:<br>- Spaced 900mm apart and the top of bottom hinge is a minimum 1100mm to the top of the barrier; or<br>- Are not climbable by having the top surface sloped at minimum of 60 degrees

  • Upgrade and maintain the pool/spa gate to ensure projections or hinges: a. Do not provide a climbable surface area greater than 10mm, unless the hinges are spaced greater than 900mm apart and provided that the lower climbable hinge is at least 1.1m below the top of the barrier; or b. The lower projection/indentation/hinge has the top surface angled at a minimum of 60 degrees

  • Opening between the gate post and the gate stile not more than 10mm and when gate closed, the latch cannot be released by insertion of object between 10mm gap

  • When in the closed position, the latching mechanism shall not be able to be released by the insertion of any implement between the 10mm gap.

  • Gate and frame projections/Indentations are less than 10mm for a distance of 100mm above floor up to the latch.

  • Ensure the gate and its frame are free of projections greater than 10mm.

  • Opening under the gate a maximum of 100mm

  • Ensure the opening under the gate is a maximum of 100mm

STRENGTH TESTS

STRENGTH AND RIGIDITY OF FENCING COMPONENTS

  • Strength and rigidity of openings - Openings within the fence (The cone test)

  • Upgrade and maintain the swimming pool/spa barrier ensuring the openings can withstand a metal cone (105 +0, -0.05 mm diameter) from passing through the opening under the application of force of 150N, in accordance with section 3.1 and Appendix A of AS 1926.1-1993.

  • Strength and rigidity of post and footings - 330N force at 1200mm without damage or loosen to impair the effectiveness of the barrier.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the posts and footing can withstand a horizontal force of 330N at 1200 mm above finishing ground level without any permanent damage, in accordance with section 3 of AS 1926.1-1993

  • Strength of fencing components - Rigid Components <br>- 250N force (applied in any direction) without becoming permanently deformed<br>- 300N without breaking, showing signs of fracture or coming permanently deformed by more than 10mm over its length.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the strength of the rigid components forming part of the swimming pool/spa barrier, (i.e. panel infills, top and bottom rails, rods, pailings, pickets and the like), can withstand a 250N force applied in any direction without becoming permanently deformed, in accordance with section 3.3.1 of AS 1926.1-1993.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the strength of the rigid components forming part of the swimming pool/spa barrier, (i.e. panel infills, top and bottom rails, rods, pailings, pickets and the like), can withstand a 300N force testing in accordance with Appendix C of AS 1926.1-1993. without breaking, signs of fracture or becoming permanently deformed by more than 10mm over its length, in accordance with section 3.3.1 of AS 1926.1-1993.

  • Strength of fencing components - Flexible Materials<br>- No signs of penetration, breaking, tearing or fixings loosening.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the flexible material and components, forming part of the swimming pool/spa barrier, can withstand dynamic forces testing in accordance with Appendix D of AS 1926.1-1993 without breaking, tearing or loosening any fixings, in accordance with clause 3.3.2 of AS 1926.1-1993.

  • Strength of gates - Closing and Latching of Gates<br>- 25kg Weight attached and then removed after 30 seconds, when in the open position, at the top of the gate, 100mm away from the outer edge of the locking stile.

  • Upgrade and maintain the swimming pool/spa barrier ensuring the gate closes and latches from any position, including resting on the latch, under the natural weight of the gate and after 25kg has been placed on the top rail 100mm from the outer edge of the locking stile of the gate. , in accordance with section 3.4 of AS 1926.1-1993:

WINDOWS

WINDOWS - Part 9A of the Building Regulations

  • A window, in a wall that forms part of the pool barrier must be protected if the openable part of the window is less than less than 2·4m above the external ground. <br>- The window must be restricted to open less than 125 mm; or<br>- Must be fitted with a secure fly screen that can only be removed by the use of a tool.

  • a. Upgrade and maintain the window to ensure the window is restricted to open less than 125 mm; or -b. The window must be fitted with a secure fly screen that can only be removed by the use of a tool.

BALCONY

BALCONIES

  • Are there balconies above the pool area with a height less than 2.4m from the pool area.

  • INSTRUCTION: There are two options to achieve compliance. Compliance can be achieved at the door-set/windows
    which lead to the balcony area from the dwelling or, compliance can be achieved at the balustrade.

  • Doors and windows to the balcony are to comply

Doors leading to balcony - Part 9A of the Building Regulations

  • Direction of swing - must open outwards/ swing away from the pool area NOTE: sliding doors are permitted

  • Upgrade and maintain the door, forming part of the swimming pool/spa barrier, ensuring gate swings outwards from the pool area.

  • The door or gate must have a self-locking or self-latching device that prevents the door or gate (if the door or gate is in its closed position) from being opened by a person unable to reach the opening mechanism for the door or gate.

  • The opening mechanism on the door or gate must be located not less than 1500mm above the ground level or the internal floor level (as the case requires), measured from the approach side.

  • The door or gate must be fitted with a device that returns the door or gate to its closed position<br>(i) from any position in the range of positions from fully open to resting on the lock or latch; and<br>(ii) from a stationary start from any position within that range without the application of manual force<br>

Windows leading to balcony - Part 9A of the Building Regulations

  • A window, in a wall that forms part of the pool barrier must be protected if the openable part of the window is less than less than 2·4m above the external ground. <br>- The window must be restricted to open less than 125 mm; or<br>- Must be fitted with a secure fly screen that can only be removed by the use of a tool.

RETAINING WALLS

Retaining walls - High side of the pool

  • Are there any retaining walls that form part of the barrier, on the high side of the pool

  • Retaining on the HIGH side of the pool has an effective minimum height of 2.4m<br>

  • Upgrade an maintain the barrier to ensure it achieves a minimum height of 2.4m from the finished ground level (pool side)

  • The outside surface of the retaining wall has all projections and indentations with a depth greater than 10mm:<br>a. Spaced at least 900 mm apart and at least 1100 mm below the top of the barrier; or<br>b. Have the upper surface of the projection or indentation protected by a 60 degree chamfer; and <br>c. Slope away from the pool by not more than 15 degrees to the vertical

  • Upgrade and maintain the retaining wall, forming part of the swimming pool/spa barrier, ensuring: There are no projections or indentations that form a depth greater than 10mm, unless they are spaced greater than 900mm apart and provided that the lower projection or indentations are at least 1100mm below the top of the barrier. Note: projections or indentations may be protected with a chamfer of 60˚ or greater.

  • Upgrade and maintain the barrier ensuring it slopes away from the pool by not more than 15 degrees to the vertical

  • Install a barrier with a minimum height of 1200mm above the retaining wall or around the pool

  • Is it recommended that a fence/barrier is installed on top of the retaining wall, to prevent persons from falling off the retaining wall.

  • It recommended that a fence/barrier with a minimum height of 1m be installed on top of the retaining wall, to prevent persons from falling off the retaining wall.

Retaining walls - low side of the pool

  • Are there any retaining walls that form part of the barrier, on the low side of the pool

  • Retaining on the LOW side of the pool has an effective minimum height of 1.2m

  • Retaining on the LOW side of the pool:<br>-- Slopes away from the pool by not more than 15 degrees to the vertical; <br>- Has a 1.2m Non Climbable Zone; <br>- Has the outside surface of the retaining wall has all projections and indentations with a depth of 10 mm or more:<br>a. spaced at least 900 mm apart and at least 1100 mm below the top of the barrier; or<br>b. the upper surface of the projection or indentation protected by a 60 degree chamfer.

  • Upgrade and maintain the retaining wall, forming part of the pool barrier, ensuring it achieves a minimum height of 1.2m

  • Upgrade and maintain the retaining wall, forming part of the swimming pool/spa barrier, ensuring there are no footholds within the non-climbable zone ‘NCZ’ . NCZ is a 1200mm radius on the outside of a barrier as a quadrant measured downward from the top of the barrier and upward from the top of the barrier).

  • Upgrade and maintain the retaining wall, forming part of the swimming pool/spa barrier, ensuring the wall is vertical or slopes away from the pool area by not more than 15 degrees.

  • Upgrade and maintain the retaining wall, forming part of the swimming pool/spa barrier, ensuring there are no projections or indentations that form a depth greater than 10mm, unless they are spaced greater than 900mm apart and provided that the lower projection or indentations are at least 1.1m below the top of the barrier. Note: projections or indentations may be protected with a chamfer of 60˚ or greater.

  • The retaining wall is climbable however slopes towards the pool by not more than 15 degrees to the vertical, and has an effective height of at least 2.4m

CERTIFICATE OF NON-COMPLIANCE REQUIREMENTS

  • Does the report contain failed items

  • A certificate of non compliance must be issued and submitted to Council for any following failed questions

  • Is barrier capable of being brought into compliance within 60 days

  • Is owner likely to bring barrier into compliance

  • Does the non compliance pose a significant and immediate risk to life or safety.

  • Does a door/gate forming part of the barrier when in closed position able to be opened by a person who cannot reach the latch

  • Can gate in barrier completely close

  • Is any part of barrier less than 1m in height

INSPECTION RESULT

  • Inspection result

  • The pool/spa safety barrier does not meet the required compliance standard and this report is notice pursuant to Regulation 147ZG of the Building Regulations 2018.

    The pool or spa safety barrier must be brought into compliance with applicable barrier standard by addressing the non-compliances detailed in this report.

    It is the responsibility of the property owner to rectify the non-compliances detailed in this report and contact Bsafe Pool Inspections to undertake a follow up inspection prior to the following time and date:

    Before (specify max 60 days)

    Failure to carry out the required rectification work within the specified time and allow for a re-inspection will result in the mandatory issue of a Certificate of Non- compliance that must be submitted to Council. A Council fee of $385 may apply.

    Note that this report is not building permit approval and that building permit approval is required for the following work to a pool or spa safety barrier.

    (a) replacement or alteration of sections, parts or components of the barrier that when combined, comprise more than 50% of the existing length of the barrier; or
    (b) replacement or alteration of posts or footings of the barrier; or
    (c) the use of materials in the barrier that are not commonly used for the same purpose as the material being replaced in the barrier; or
    (d) an increase or decrease in the length of the barrier, or the size of the area enclosed by the barrier; or
    (e) replacement or alteration of any part of a retaining wall that forms part of the barrier.

  • Prepared by Claudio Flores Building Inspector - Pool Safety IN-PS 65633

  • Your Pool/Spa safety barrier has passed and a certificate of compliance will be issued for you to lodge with Council

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