Australia has strict rules governing the fencing and safety barriers around spas, like those for swimming pools. These regulations are vital for safeguarding children from the dangers of drowning or serious injury in private pools and spas across Australia. As an owner of a spa, you must ensure that your spa not only has a safety barrier but that these are also well-maintained, weather that be a traditional pool fence or lockable hard covering depending on your states requirements.
Compared to countries like the US and those in Europe, Australia’s fencing regulations for pools and spas are notably strict. This approach is rooted in a history of preventable drownings, which prompted the introduction of these laws.
A Historical Perspective on Drowning Risks
Becoming a nationwide recognised issue in the 1960s, the drowning death rate among children under 15 years in Australia was 5.27 per 100,000. Alarmingly, for children under five, this rate was 50% higher than that for children aged five to nine and 130% higher than for those aged 10 to 14.
This concern for pool safety further escalated in the early 1970s with the rising popularity of preformed fibreglass pools. Consequently, the drowning rate for young children increased dramatically. By 1973, the drowning rate for children under five had risen by 50% from 1970, escalating from 7.3 to 10.76 deaths per 100,000.
State-Specific Fencing Laws
Since then, laws and regulations around pool and spa safety barriers have evolved and with that we get asked daily, “do I need to fence my spa?”. It is an answer that does not have one response as each Australian state has its unique fencing laws with specific nuances. Some states even mandate compliance checks for safety fencing, so it is essential to research and understand the regulations specific to your state and circumstances.
Important note: The regulations detailed below may have changed since the time of writing. This blog offers a general overview and should be considered a partial guide. We recommend seeking independent advice for your specific site requirements and always verify the most current information with your local council.
Spa Fencing Rules In The Australian Capital Territory
ACT follows the Australian Standard AS1926.1-2012, Safety Barriers for Swimming Pools.
These standards apply to any home pool or spa capable of containing water deeper than 30cm and associated with a residential building (e.g., houses, units, townhouses, apartments).
The standards encompass various pool and spa types, including in-ground, above-ground, temporary, permanent, and portable pools, as well as kids’ pools and spas.
In ACT, new spas must have a pool safety barrier and a building permit is required for these barriers. Notably, a lockable hardcover is not an acceptable barrier.
Spa Fencing Rules In New South Wales
NSW follows Australian Standard AS1926.1-2012, Safety Barriers for Swimming Pools.
If you have a safety-approved lockable hard cover for your spa, this is deemed a suitable safety barrier.
Spas without a securely fastened, child-resistant structure (such as a door, lid, grille, or mesh) necessitate a fence to restrict access to the spa area.
Spa Fencing Rules In The Northern Territory
NT Adheres to AS 1926.1 – 1993, Swimming Pool Safety Part 1: Fencing for Swimming Pools.
Pool or spa owners need to comply with specific standards, varying based on the installation date and whether the property has been sold, transferred, or leased.
The Non-Standard Safety Provision may apply in certain situations, requiring barriers to restrict access for children under five. This provision is applicable under specific conditions, such as on small properties, waterfront properties, or for certain spa pools on apartment balconies.
Spa Fencing Rules In Queensland
QLD follows the Queensland Standard, MP 3.4, Swimming Pool Barriers.
Installation of new portable spa pools requires a building permit, as does the necessary safety barrier.
All new spas must have a pool safety barrier, with a building permit required for installation. A lockable hardcover is not an acceptable barrier.
Spa Fencing Rules In South Australia
SA Adheres to AS1926.1-2012, Safety Barriers for Swimming Pools.
Child-resistant hard covers are not permissible as safety barriers for above-ground spa pools due to the lack of regulatory standards for spa pool covers and the absence of a barrier when the cover is removed.
Understanding and fulfilling your responsibilities as a spa owner is crucial, particularly concerning the need for pool fencing in your state of residence. At Just Spas, we recognise the importance of this aspect of spa ownership. Our dealers across Australia are well-equipped with the knowledge and resources necessary to help you understand spa safety requirements.
Find your local dealer today to take a splash into the spa lifestyle.
