As a swimming pool or spa owner YOU ARE RESPONSIBLE for the safety.
Drowning is the biggest cause of accidental death for young children. Most occur in private backyard swimming pools. You can reduce the risk of accidents occurring in your swimming pool by adequately fencing your pool and ensuring young children are supervised at all times.
Fencing
Gates
Above-ground or inflatable pools
Legal obligations when selling a house with a swimming pool
Swimming pools built before 1 July 1993
Swimming pools built after 1 July 1993
Fencing
Gates
Above-ground or inflatable pools
Legal obligations when selling a house with a swimming pool
Swimming pools built before 1 July 1993
Swimming pools built after 1 July 1993
Fencing
All swimming pools MUST have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool.
If you are a property owner and are selling a property with a pool built before July 1993, you must make sure that the safety barrier meets today’s safety standards and laws.
If you are installing a new safety barrier you may require council permission. Click here to find out what council area your property is in.
Fencing must be constructed in such a way to make sure that:
If you are a property owner and are selling a property with a pool built before July 1993, you must make sure that the safety barrier meets today’s safety standards and laws.
If you are installing a new safety barrier you may require council permission. Click here to find out what council area your property is in.
Fencing must be constructed in such a way to make sure that:
- the outside of the fence is an effective barrier to young children
- it is permanent
- young children can't crawl under or climb over it by using foot and hand holds
- it is a minimum of 1.2 metres high
- any boundary fences used as part of the child-safety barrier are at least 1.8 metres high on the pool side with a 900mm non-climbable zone at the top on the pool side of the fencing
Gates
Gates to the pool area must:
- swing outward from the pool area
- be self closing from any position
- be fitted with a latching device out of reach of small children at least 1.5m above ground level
Above-ground or inflatable pools
If the pool has a filtration system you will need to:
- obtain approval from your local council, click here to find out what council area your property is in.
- ensure safety features are in place.
Please note: All pools with a filtration system must have two suction points that are at least 800mm apart. This will relieve the pressure and reduce the seriousness of injuries if a child blocks a suction point.
The sides of an above-ground pool can be a suitable safety barrier if and only if:
The sides of an above-ground pool can be a suitable safety barrier if and only if:
- the sides are non-climbable and at least 1.2 metres high, and
- a barrier is placed around the ladder, and
- a barrier is placed around anything else that can be climbed on.
In 2011, a decade long study into drowning in the US, found that portable pool pose a greater risk to childhood drowning than unfenced backyard pools do and recommends that a pool safety barrier be installed.
Top
Legal obligations when selling a house with a swimming pool
If you are selling a property with a swimming pool, you (the vendor) are responsible for making sure that current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers. This needs to be done before settlement of the property, however it is advisable to do so before the property is placed on the market, this can reduce future potential complications.
Top
Top
Swimming pools built before 1 July 1993
If the property that a swimming pool is located on is NOT FOR SALE, the swimming pool can continue to comply with the old Swimming Pools Safety Act 1972 until the property is next sold (or legislation is changed).
The Swimming Pool (Safety) Act 1972 requires a swimming pool owner to ensure that the swimming pool is enclosed by a fence, wall or building to restrict access by young children. Please see a copy of the Swimming Pools (Safety) Act 1972 below.
The Swimming Pool (Safety) Act 1972 requires a swimming pool owner to ensure that the swimming pool is enclosed by a fence, wall or building to restrict access by young children. Please see a copy of the Swimming Pools (Safety) Act 1972 below.
South Australia Swimming Pools (Safety) Act 1972
- Where on or after the appointed day a swimming pool is not enclosed by a fence, wall or building or any combination thereof that complies with this section the owner of that swimming pool shall be guilty of an offence against this Act and upon conviction shall be liable to a penalty.
- Where a person has been convicted of an offence referred to in subsection (1) of this section and after that conviction the provisions of that subsection have still not been complied with, that person shall be guilty of a further offence against this Act and upon conviction of that further offence shall be liable to a penalty not exceeding ten dollars for every day during which that failure to comply continues.
- A fence, wall or building or any combination thereof shall comply with this section if—
- no part of that fence, wall or building is less than 1.2 metres in height; and
- every part of that fence, wall or building is so constructed as -
- to prevent a small child gaining access to the swimming pool it encloses by passing beneath or through that fence, wall or building; and
- not to afford foot or hand holds to a small child attempting to gain access to the swimming pool enclosed by it by climbing the fence, wall or building; and
- every gate or door that is incorporated in the fence, wall or building and intended for use by persons to gain entrance to the swimming pool is fitted with a mechanism that automatically comes into operation on the gate or door being closed and is such as to prevent a small child opening the gate or door when the gate or door is closed.
- For the purposes of this section a fence, wall or building or any combination thereof shall be deemed to enclose a swimming pool notwithstanding that it also encloses other land, building or structures.
If the property is sold after 1 October 2008 the child-safety barriers must comply with Minister's Specification SA 76Dbefore settlement. This means that barriers must be installed to separate the pool area from the house wherever possible. Please see the Minister's Specification SA 76D for details.
Top
Top
Swimming pools built after 1 July 1993
If you are selling your property with a swimming pool, you are responsible for making sure that the current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers. This needs to be done before settlement of the property, however it is advisable to do so before the property is placed on the market, this can reduce future potential complications.
If the property is sold after 1st October 2008 the child-safety barriers must comply with Minister's Specification SA 76D before settlement. This means that barriers must be installed to separate the pool area from the house wherever possible. Please see the Minister's Specification SA 76D for details.
Top
If the property is sold after 1st October 2008 the child-safety barriers must comply with Minister's Specification SA 76D before settlement. This means that barriers must be installed to separate the pool area from the house wherever possible. Please see the Minister's Specification SA 76D for details.
Top
