POOL AND SPA BARRIER INSPECTIONS (VICTORIA)

IMPORTANT NOTE:

Each state has different requirements for Pool Barrier Inspections; these procedures are
for Victoria only.
The Objective of a Pool and Spa Barrier Inspection:

To ensure that a pool registered with their Local Council/Municipality has a Pool or Spa
Barrier inspected and complies with the relevant Australian Standard concerning the pools
construction date that the Council/Municipality supplies.
Background:

Since 2000, 27 young children have fatally drowned in Victorian private swimming pools
and spas. In at least 20 of those cases, non-compliance with the safety barrier was a
contributing factor.

In September 2018, amendments to the Building Act were passed, including introducing a
new mandatory requirement for local councils to establish and maintain a register of all
private swimming pools and spas within their municipality.

All swimming pools that fall within the Acts requirements must have a compliant safety
barrier. These include all permanent pools and spas and relocatable pools and relocatable
spas capable of holding a depth of water greater than 300mm. After the barriers initial
inspection, it must be re-inspected every four years.

Why is it required:

On 1 December 2019, new laws were enacted to improve Victoria's swimming pool and
spa safety. They introduce new registration, inspection and certification requirements for
property owners. In Victoria, the construction and installation of swimming pools, spas,
safety barriers, and barrier maintenance are all subject to the Building Regulations 2018.

Swimming pool and spa owners have a legal obligation to ensure that they maintain the
effective operation of swimming pool and spa safety barriers. In addition, gates and doors
must remain closed, except when entering the pool or spa.

How it works:

Pool or spa owners (the client) need to complete the following:

1. Register their pool or spa with their local council.

2. Organise an inspection of their pool or spa barrier by a registered swimming pool
barrier inspector.
3. Rectify any issues identified during the inspection by the inspector, as noted in the
inspectors' report.
4. Submit a certificate of compliance issued by the inspector to their council/
municipality by the due date.

 Swimming Pool and Safety Barrier Overview:

 Who is the client and referral network:

The pool owner will book most inspections once the pool or spa is registered with the
Council/Municipality. In the case of a rental property, the Property Manager may organise
the inspection on behalf of the property owner (the landlord).

Pre Requisites and New Service Commencement in Victoria:

All inspectors wanting to provide Swimming Pol and Spa Barrier inspections must be
registered inspectors with the Victorian Building Authority (VBA).

Requisites for registration are outlined on the VBA website https://www.vba.vic.gov.au/registration-and-

licensing/building-practitioner-registration/what-is-building-inspection-pool-safety-work

In brief, an external RTO course approved by the VBA must be undertaken. In addition, an
application for registration, a portfolio of inspections, and a technical referee report will be
submitted to the VBA for consideration.
Insurance:

The relevant insurance will be required as part of the registration process with the VBA.
Without the correct insurance, the Inspectors registration will not be approved by the
authority. Existing PI and PL policies may be updated to include this inspection service

Issuing of the Pool and Spa Barrier Report:

All inspection reporting complies with must comply with Part 9A - Safety requirements for
registration and certification of barriers for swimming pools and spas, of the Building
Regulations 2018 and have public liability and professional indemnity insurance.

If an inspection of a barrier by the inspector determines that it does not comply with the
applicable barrier standard, the inspector must give notice in writing to the owner as soon
as practicable. This notice can be in the form of an inspection report. The report is required
to reference the applicable barrier standard.

Please note that if it is required to issue a CBNC immediately because the barrier poses a
significant or immediate risk to life and safety, a report is unnecessary in this case.

This is not a Barrier Improvement Notice, which a Municipal Building Surveyor can only
issue.

The Build Inspect reporting app report includes the applicable barrier standard of the pool
being inspected and a barrier re-inspection requirement of 60 days or 7 days of matters
that do not comply with the standard listed in the report.

A checklist (defect statements) concerning the applicable barrier will be available on the
Build Inspect app for the inspector to work through to ensure compliance with the barrier.
Although most checklists are extensive, they are by no means exhaustive, and the
Inspectors training, experience, and knowledge must be at the fore during the inspection

Severity ratings on Build Inspect are:

• Barrier Noncompliance – 7-Day Re-Inspection Required

 • Barrier Noncompliance – 60-Day Re-Inspection Required

• Barrier Compliant
• For your information

If the inspector is satisfied with the swimming pool barrier compliance on the initial
inspection, a CBC can be issued as soon as practicable.

On further re-inspection of the barrier, the inspector must:

• Issue a CBC if satisfied the barrier complies with the applicable barrier standard, or
• Issue a CBNC, lodge it with the council and give a copy to the owner.
• If the owner prevents the swimming pool inspector from re-inspecting the pool barrier
and the 60-day or seven-day period (as applicable) has lapsed, the inspector must issue
a CBNC.

Build InspectReport Extract

 Build InspectReport Extract

Issuing of Certificate of Swimming Pool and Spa Barrier Compliance (CBC):

If a pool barrier has been inspected and determined to comply with the applicable barrier
standard. The CBC may be issued to the client by the inspector if they are satisfied with
the swimming pool barrier compliance. The CBC must be in a prescribed format (Form 23)
per Victorian Government regulations, which must be issued to the client as soon as
practicable.

If the inspector on the barrier undertook any building work, this must be stated on the CBC

The client must then lodge the CBC with their council/municipality within 30 days of the
date of the certificate; otherwise, the owner must obtain a new certificate.

The applicable certificate will be available to the inspector in its prescribed format as a
Webform

 CBC example

Issuing of Certificate of Swimming Pool and Spa Barrier Non-Compliance (CBNC):

If a pool barrier has been re-inspected and compliance has not been met within the
prescribed period, or the barrier poses a significant or immediate risk, a CBNC must be
issued immediately. The CBNC must be in a prescribed format (Form 24) as per Victorian
Government regulations, which must be lodged by the inspector with the council/
municipality as soon as practicable after being issued. A copy of the certificate must be
provided to the client as well.

The applicable certificate will be available to the inspector in its prescribed format as a
Webform.

 CBNC example

 Inspection Process:
These are General Inspection Procedures: Checklists used are by No Means Exhaustive,
and the Inspectors' training and expertise and knowledge must be relied upon.

• Before booking inspection, confirm with the client the pool has been registered with
their local council/municipality. Ask the client to provide the written notification from
the council providing the relevant information about the pool:-

- Date of Construction
- Applicable Barrier Standard
- Date by which CBC must be lodged
a copy of this notice is to be kept by the inspector for record purposes.

• The Pre-Inspection Agreement is to be completed by the client. A copy is to be kept

by the inspector for their record purposes.

• On arrival for the inspection, take an image of the front of the property for the report,
and gather the necessary tools to commence the inspection.

• Present your registration card to the client to establish your qualifications.

• Inspect pool or spa barrier for compliance against the applicable barrier standard.
The inspection must determine compliance or non-compliance of the barrier against
the requirements of the applicable barrier standard.

• Inspect methodically and logically, ensuring barrier and relevant surrounding areas
are thoroughly covered.

• Use suitable tools during the inspection, such as measuring tools and other
applicable tools the barrier inspector may use to test the barrier or surrounding
areas.

• Use the applicable standards referenced by the council notice. A checklist is

provided on the Build Inspect app; this checklist is by no means exhaustive. It is
also recommended the inspector compiles diagrams concerning the checklists,
which can be stored as images on their device to be added to the report.

• Ensure photographic evidence is taken that demonstrates compliance or non-

compliance. Images should be taken regardless of whether the barrier is compliant
or non-compliant.

• Where the barrier is determined to be non-compliant, determine whether the barrier

could be made compliant on the day of inspection by brief work that can be done on
the spot, such as:-

- Moving items out of the climbable zone (such as furniture, pot plants, etc.)

 - Minor fixes able to be made to the barrier on the day of the inspection.
• Advise the client of the outcome of the inspection, and resolve payment.

• Finalise inspection by either:-

- Issuing report (schedule with the client re-inspection) or,

- Issuing CBC or,
- Issuing CBNC.
Once an inspection is carried out, the building regulations require that to complete the
reporting process, if work is not completed, the matter must be referred to the local
authority by issuing of CBNC.

Special Requirements:

A Building Permit will be required should the client do one of the following:

a) replacement or alterations of sections, parts or components of the barrier that, when

combined, compromise more than 50%of the existing length of the barrier; or
b) replacement or alteration of the 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 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.
Obligations:

Swimming pool inspectors must conduct themselves in accordance with the requirements
set out in Regulation 265 (Professional Standard), which states: “A registered building
practitioner must—
a) perform work as a building practitioner in a competent manner and to a professional
standard; and
b) immediately inform a client in writing if a conflict of interest arises or appears likely to
arise between the building practitioner and that client; and
c) receive remuneration for services as a building practitioner solely by the professional
fee or other benefits specified in the contract of engagement or by the salary and
other benefits payable by the building practitioner’s employer.”

Record Keeping:

The inspector must keep all inspection records, including images, certificates, reports, test
results, pre-inspection agreement and council/municipality notices.

These records must be kept for 10 Years