Critical Non-Compliance

Please review the following prior to your inspection, to avoid additional work, fees or penalties.
If a swimming pool and spa inspector is of the opinion that any of the following circumstances exist:

  • If the barrier is not capable of being made compliant with the applicable barrier standard within 60 days.

  • The owner is unlikely to bring the barrier into compliance with the applicable barrier standard within 60 days.

  • the non-compliance of the barrier with the applicable barrier standard poses a significant and immediate risk to life or safety.

  • A door or gate forming part of the barrier, when in the closed position, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate.

  • A door or gate forming part of the barrier is unable to be completely closed.

  • Any part of the barrier is less than 1 metre in height measured above ground level from the approach side.

The swimming pool and spa inspector is required by LAW to issue a
“Certificate of pool and spa barrier non-compliance”

The swimming pool and spa inspector must give a copy of the certificate to the owner of the land on which the pool or spa is located and Lodge a copy of the certificate as soon as practicable with the relevant council.

A fee, determined by the relevant council in accordance with the Local Government Act 1989, is payable to the relevant council by the owner of land on which a swimming pool or spa is located for the lodgement of a certificate of pool and spa barrier non-compliance. The maximum fee that a relevant council may determine is 26 fee units.

From 1 July 2022, the value of a fee unit is $15.29 and the value of a penalty unit is $184.92.

Other penalties to be aware of (see Victorian Building Regulations for a full list).

147G Swimming pool and spa barrier operation
An occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa is operating effectively.
Penalty: 50 penalty units.

147H Swimming pool and spa barrier gate must remain closed.
(1) An occupier of the land on which a swimming pool or spa is located must take all reasonable steps to ensure that any gate or door forming part of a barrier restricting access to the swimming pool or spa remains closed except when a person is entering or leaving the part of the land on which the swimming pool or spa is located.
Penalty: 50 penalty units.
(2) A person who opens a gate or door forming part of a barrier restricting access to the swimming pool or spa must ensure that the gate or door is closed immediately after entering or leaving the part of the land on which the swimming pool or spa is located.
Penalty: 50 penalty units.