Title Page

  • Council Reference No.

  • Location
  • Conducted on

  • Prepared by

Barrier Exemptions under Sections 8,9 and 10 of the Act

  • Exemptions from the requirement to install a barrier to separate the swimming pool from any residential building on the premises may apply to certain properties so long as the means of access to the swimming pool from the building (doors and windows) have always been restricted and maintained in accordance with the standards prescribed by the regulations.

    Construction or installation must have commenced before:
    - 1 August 1990 for all pools, OR
    - 1 July 2010 for small properties (less than 230m2) OR large properties (2 hectares or more), OR waterfront properties
    *** NOTE: Exemption ceases to apply if a barrier is erected at any time between the residential building and the swimming pool

  • Is an exemption being applied to the property?

  • Note: Residential building is defined by the Act:

    "residential building means a building (such as a dwelling-house, residential flat building or boarding-house) that is solely or principally used for residential purposes, and includes any structure (such as a garage or shed) that is ancillary to any such building, but does not include:
    (a) a building that merely forms part of a complex of buildings (such as a school or recreational centre) that is principally used for non-residential purposes, or
    (b) a moveable dwelling, or
    (b1) tourist and visitor accommodation, or
    (c) a shed that is ancillary to a swimming pool and the primary purpose of which is to store equipment that is used in connection with the swimming pool (but not a shed of a kind prescribed by the regulations), or
    (d) a building or structure of a kind prescribed by the regulations."

  • Has a barrier been installed to separate the pool from any residential building or place adjoining the premises?

Internal barrier

  • Features diagram

    Stepped and sloping - 1986.jpg
  • The pool fence must be at least 1200mm high all the way around measured on the outside of the pool area from top of barrier to finished ground level?

  • Features diagram

    1200mm setback - 1986.jpg
  • No features or objects that would reduce the height of the barrier to be located within 1200mm of the OUTSIDE of barrier?

  • The top surface of the highest lower horizontal member shall be at least 1100mm from the top of all barriers?

  • All structures or objects (such as garages, carport, shed, clothesline or the like) that are not associated with the use of the pool are located outside the pool area?

  • The gap between all vertical or near vertical rails on the fence and gate must be less than 100mm?

  • The gap between the bottom of the fence and the ground is no more than 100mm?

  • The pool fence is well maintained and in good state of repair (eg no holes, broken palings or rusted components)?

  • No handholds or footholds, objects or plants located within 1200mm of the top of the outside of the barrier that will facilitate climbing?

  • There is a minimum distance of 900mm between two horizontal components on the outside face of the pool barrier?

  • <br>No handholds, footholds, objects or plants located within 300mm of the INSIDE of the barrier that could facilitate climbing? <br><br>Note: Only applies where barrier has vertical openings greater than 10mm in width

  • If a wall forms part of the barrier, there are no openings greater than 100mm?

  • If perforated or mesh fencing is used, the holes must be 10mm or less

  • Strength & rigidity of openings - (clause 3.2 AS1926-1986)

    The conical end of the test object (cone) shall be placed into the opening under test and a force of 150N be steadily applied in an attempt to force the body of the cone through the opening.

  • At the time of inspection is it the Council Officers opinion that the vertical openings within the barrier would pass strength and rigidity testing?

  • Test device used and cone did not pass through any opening when a force of 150N was applied?

Windows

  • In relation to each window giving access to the swimming pool:

    a) the bottom of the lowest opening panel of the window must (when measured in the closed position) be at least 1.2 metres above finished floor level, AND

    b) there must not be any footholds wider than 10 millimetres between the bottom of the lowest opening panel of the window and any point within 1.1 metres below the bottom of that panel.
    ****NOTE: The above requirements do not apply to a child-safe window or to a window totally enclosed by a child-safe grille or a fixed child-safe flyscreen.

  • Are there any windows located within the swimming pool area with a sill height less than 1800mm from FGL?

  • Do the windows comply with one of the following? <br> <br> a) Are all windows giving access to the pool totally enclosed by a child-safe grille or fixed child-safe flyscreen? <br> OR <br> b) restricted to a maximum opening of 100mm?

Gate/s

  • Is the gate kept securely closed?

  • Does gate swing away from pool area?

  • Does gate swing freely through its entire arc of operation? (i.e. cannot be wedged open)

  • Full arc of operation clear of any building or doorway?

  • Gate hinges with top surface area greater than 10mm must be either at least 900mm apart (top to top) OR have a safety cap fitted to bottom hinge?

  • The gate latch must be working so that the gate is secure and, once closed, can't be pulled open

Gate closure

  • Self-closing device closes the gate from any position, with a stationary start and without the application of a manual force and operates the latch

  • Gate/s self-close from a stationary start in any position from fully open to resting on latch?

  • Gate self-closes from resting on latch position?

  • Gate self closes from partially open?

  • Gate self closes from fully open ?

  • Lift gate upwards and pull downwards with a force of 250N.<br>The above movement of the gate must not:<br>1. Release the latch<br>2. unhinge the gate<br>3. increase gap under gate to >100mm

  • Latch shall not be able to:<br>1. Be inadvertently adjusted during operation<br>2. Locked in the 'open' position<br>3. Adjusted without use of tools

  • The BASE of latch release for the gate must be at least 1500mm above finished ground level,<br><br>OR<br><br>The release for the gate latch must be located on the inside of the fence and be surrounded by a 450mm shield so that it must be accessed by reaching over the fence or through a latch access point that is 1200mm above ground level. The gate latch itself must be at least 150mm below the top of the fence or latch shield access point

  • Are you aware that it is dangerous and against the law to prop the gate open

Doors

  • There is a latch on the door at least 1500mm above floor level on every door entering the pool area

  • There are no footholds wider than 10mm between the release mechanism and any point 100mm above the floor

  • There are no pet doors or openings to the pool area greater than 100mm

Windows

  • In relation to each window giving access to the swimming pool:

    a) the bottom of the lowest opening panel of the window must (when measured in the closed position) be at least 1.2 metres above finished floor level, AND

    b) there must not be any footholds wider than 10 millimetres between the bottom of the lowest opening panel of the window and any point within 1.1 metres below the bottom of that panel.
    ****NOTE: The above requirements do not apply to a child-safe window or to a window totally enclosed by a child-safe grille or a fixed child-safe flyscreen.

  • Are all windows giving access to the pool totally enclosed by a child-safe grille or fixed child-safe flyscreen?

  • All windows restricted to an opening no greater than 100mm?

  • a) Bottom of the lowest opening panel of the window (inside) must (when measured in the closed position) be at least 1.2 metres above finished floor level? <br> AND <br>b) No footholds wider than 10 millimetres between the bottom of the lowest opening panel of the window and any point within 1.1 metres below the bottom of that panel ?

Internal barrier - (not between dwelling and pool)

  • Has a barrier been installed anywhere else on the property that separates the pool from any boundary fence or place adjoining the premises?

  • Features diagram

    Stepped and sloping - 1986.jpg
  • The pool fence must be at least 1200mm high, measured on the outside of the pool area from top of barrier to finished ground level?

  • Features diagram

    1200mm setback - 1986.jpg
  • No features or objects that would reduce the height of the barrier to be located within 1200mm of the OUTSIDE of barrier?

  • The top surface of the highest lower horizontal member shall be at least 1100mm from the top of all barriers

  • The gap between all vertical or near vertical rails on the fence and gate must be less than 100mm

  • The gap between the bottom of the fence and the ground is no more than 100mm

  • The pool fence must be well maintained and in good state of repair (eg no holes, broken rails or palings)

  • No handholds or footholds, objects or plants located within 1200mm of the top of the outside of the barrier that will facilitate climbing?

  • There is a minimum distance of 900mm between two horizontal components on the outside face of the pool barrier?

  • <br>No handholds or footholds, objects or plants located within 300mm of the INSIDE of the barrier that could facilitate climbing? <br><br>Note: Only applies where barrier has vertical openings greater than 10mm in width.<br><br>

  • If a wall forms part of the barrier, there are no openings greater than 100mm?

  • If perforated or mesh fencing is used, the holes must be 12mm or less

  • Strength & rigidity of openings - (clause 3.2 AS1926-1986)

    The conical end of the test object (cone) shall be placed into the opening under test and a force of 150N be steadily applied in an attempt to force the body of the cone through the opening.

  • At the time of inspection is it the Council Officers opinion that the vertical openings within the barrier would pass strength and rigidity testing?

  • Test device used and cone did not pass through any opening when a force of 150N was applied?

Gate/s

  • Are there any gates giving access to the pool area?

  • Is the gate kept securely closed?

  • Does gate swing away from pool area?

  • Does gate swing freely through its entire arc of operation? (i.e. cannot be wedged open)

  • Full arc of operation clear of any building or doorway?

  • Gate hinges with top surface area greater than 10mm must be either at least 900mm apart (top to top) OR have a safety cap fitted to bottom hinge?

  • The gate latch must be working so that the gate is secure and, once closed, can't be pulled open

  • Self-closing device closes the gate from any position, with a stationary start and without the application of a manual force and operates the latch

  • Gate/s self-close from a stationary start in any position from fully open to resting on latch?

  • Gate self-closes from resting on latch position?

  • Gate self closes from partially open?

  • Gate self closes from fully open ?

  • Lift gate upwards and pull downwards with a force of 250N.<br>The above movement of the gate must not:<br>1. Release the latch<br>2. unhinge the gate<br>3. increase gap under gate to >100mm

  • Latch shall not be able to:<br>1. Be inadvertently adjusted during operation<br>2. Locked in the 'open' position<br>3. Adjusted without use of tools

  • The release for the gate latch must be 1500mm above ground level,<br><br>OR<br><br>The release for the gate latch must be located on the inside of the fence and be surrounded by a 450mm shield so that it must be accessed by reaching over the fence or through a latch access point that is 1200mm above ground level. The gate latch itself must be at least 150mm below the top of the fence or latch shield access point

  • Are you aware that it is dangerous and against the law to prop the gate open

Boundary Fence

  • Does a boundary fence form any part of the pool barrier?

  • No less than 1200mm in height, measured from inside the pool area?

  • Is finished ground level under boundary barrier a permanent stable surface?

  • Is the boundary barrier a permanent structure?

  • The pool fence is well maintained and in good state of repair ? (eg no holes, broken rails or palings)

  • The gap between the bottom of the boundary fence and the ground is no more than 100mm?

  • There are no vertical gaps greater than 100mm present?

  • There are no footholds, handholds, objects or plants located within 300mm of the INSIDE of the boundary fence that could facilitate climbing? <br> <br>Note: Only applies where barrier has vertical openings greater than 10mm in width.

CPR signage

  • Is there a warning notice (CPR Chart) erected?

  • Does the sign contain the required information and diagrams?

  • Is the sign in a prominent position in the immediate vicinity of the swimming pool?

  • Is the sign clearly legible?

Overview

  • I have taken photographs of any non-compliance in the relevant sections.

  • Take photographs showing the entire barrier and pool area here

  • Additional Comments

  • If Council considers that the safety of a person is at risk if the requirements of a direction were not carried out as soon as possible, it may serve the direction without notice. See section 23(6) of the Act.

  • Is the safety of a person at risk?

  • What is the nature of the risk?

Recommendations

  • Draft Direction

  • Emergency Direction

  • Show Cause

  • Compliance Certificate

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