Browse Forums Pools & Spas 1 Jan 03, 2013 3:25 pm Hi All here is a pic of our pool ... http://www.filedump.net/index.php?pic=i ... 189298.jpg We are having some issues with our pool being signed off as the certifier insists we put a fence in front of the pool even though the pool wall and glass are 1.3m high which is above the height that he wants the fence to be (1.2m). Apparently, the Swimming Pool Fence as constructed does not comply with the Swimming Pool Amendment Act 2009 and Regulations 2008, which requires a pool wall not to be used to form part of a swimming pool barrier. Even if the pool wall was 20m high the certifier is saying that a fence of 1.2m would be need in front !?!? How crazy !? We designed the pool and it was signed off by council but apparently that has nothing to do with the certifier who needs to certify against Swimming Pool Standards. The very same certifier has signed off a pool, about 100m from our house, very similar to ours without a fence as the construction certificate was issued prior to ours and the rules for pools subsequently changed.... Does anyone have any advice on whether we can challenge this as it seems ridiculous to stick a fence in front of the glass (which is meant to be a feature and cost a lot of money!) Do i really need to now install a pool fence that is height 1.2m high and is 300mm from the current pool wall ?? OR Is there anyone that i can contact as an overarching body to request that they review our wall to the pool being an effective barrier to the pool, due to the lack of correspondence we have received in this matter, I have spoken to a couple of people and they have all said that there have been multiple changes to the various swimming pool regulations all of which are ambiguous and not clear, and which have changed during our DA approval. Any help or advice is very much appreciated ... Re: pool wall cant be a swimming pool barrier - help pls 2Jan 03, 2013 3:40 pm Hey there..... Sounds like complete bollocks to me! But alas which state are you in? As a Pool Safety Inspector in QLD I would of had no problems at all passing your pool... If you have Council approval & sign off why do you need it to be certified? Is it for a Pool Safety Certificate requirement due to selling or renting your property out? Slightly out of touch as I didnt renew my lic this year but I am struggling to understand or see that there is an issue? Plenty of above ground pools dont require fencing - only the stairs into it as due to the pool wall its classed as being ok as a barrier?? Whats different here? Australian Standard AS 1926.1 Swimming Pool Safety Part 1: Safety Barriers for Swimming Pools 2.10 Above Ground Pool (which this portion of your pool is?) For above ground pools, including inflatable pools, the walls of the pool shall be considered an effective barrier provided they comply with clauses 2.3.1, 2.3.3, 2.3.4 & 2.3.5 Re: pool wall cant be a swimming pool barrier - help pls 3Jan 03, 2013 4:01 pm From what I can see your pool is totally accessible from the yard via the steps on the left hand side-is that right? If so, what is the situation with all other access points to your yard? If they do not meet standards then I can see why the pool requires a fence. Which state are you in? Check with your relevant council and state body-but I'm pretty sure that in Victoria that is not adequate as it stands. Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: pool wall cant be a swimming pool barrier - help pls 4Jan 03, 2013 4:13 pm If you look closely you'll actually see there is a glass gate there effectively making the pool barrier 1.3m across.... so over & above legal requirements! I am aware some councils outsource certification these days as opposed to doing it in house? Were you approved initially but this if final sign off? This is the part I am unsure of? But yes speaking to your council or another private certifier would be your best bet if thats what its for..... otherwise its a Pool Safety Certificate issue & it could be a case of a green eyed monster on a power trip as hey its a fantastic pool & surrounds.... most people would be envious of your vision & hard work Re: pool wall cant be a swimming pool barrier - help pls 5Jan 03, 2013 4:16 pm ^^ Oops-didn't see that! In that case I'd be on my high horse and stomping my foot because that is a gorgeous area! Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: pool wall cant be a swimming pool barrier - help pls 6Jan 03, 2013 4:24 pm Hey I nearly did too lol had to look very closely as it jumped out at me as ummm hello no wonder you didnt pass!! But alas its there & as I havent personally inspected the property am going off the assumption that the only concerns were as previously mentioned - the drop dead gorgeous glass pool wall Re: pool wall cant be a swimming pool barrier - help pls 7Jan 03, 2013 6:03 pm I imagine you are in NSW as it does state in the regs if side of pool is to be used as part of the barrier it needs to be min 1m from the waterline . In saying that I do many pools similar to yours & have no problem getting approval. It's all how the application is lodged. Choosing the wrong certified is a big problem as you can't change once you sign with them. I have found some of them very stubborn even when you show them in black & white they are wrong . ive had many arguements with them & found its like bashing your head against a brick wall. Your pool builder should have put the application in & worded it correctly . I would recommend getting the cheapest fence you can put it up with minimal damage , then pull it down & get a private inspection approval to cover yourself. It will be the quickest & cheapest way around it Cheers andrew Re: pool wall cant be a swimming pool barrier - help pls 8Jan 04, 2013 6:35 am Many thanks for the responses .. Yes we are in NSW (Manly council) A little more detail on the history ... 1. Submitted DA for Pool (as per the pool today) ... wall and glass 2. DA Approved by council 3. Selected Pool Builder who advised on certifier 4. Pool Builder built the pool and communicated with the certifier 5. We had some issues with the pool builder . so we fell out and we ended up getting others to complete the work 6. We then found out that the certifier wanted a fence in front of the pool wall and glass (as per original email - pool structure cant be a pool barrier etc) 7. The certifier says that the DA is seperate to him signing off a pool as per Australian Standards .. 8. Australian standards have been amended numerous times The certifier has forwarded and quoted the below email which was forwarded by the AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS (AIBS) He states the "this was provided before our construction certificate approval and after our 'friends' construction certificate approval" Dear Members The following advice has been received from the Department of Local Government's Chief Executive, Local Government, Mr Ross Woodward in response to the State Executive Committee's enquiry: “I am writing in reply to your letter of 21 December 2010 seeking clarification about whether a wall of an aboveground swimming pool can form an effective child-resistant barrier under the Swimming Pools Act 1992 (the Act). At the outset, I advise that it is not the role of the Division of Local Government, Department of Premier and Cabinet to provide councils or members of the public with legal advice or to interpret legislation on their behalf. However, I can provide some general information for your assistance. In relation to above ground pools, clause 2.10 of the Australian Standard 1926.1-2007 provides that the wall of an above ground pool shall be considered an effective barrier. However, section 7 of the Act (General Requirements) requires the owner to ensure that a pool is surrounded by a child-resistant barrier at all times and such barrier must separate the pool from any residential building situated on the premises. Importantly, section 7 of the Act takes precedence over the Australian Standard. Clause 3(1) of the Swimming Pools Regulation 2008 excludes clause 2.10 of the Standard, as the wall of an above ground pool is not considered to be an effective child resistant barrier under the Act for the purposes of section 7. Additional hazards may be posed where climbable objects are placed at the wall of the above ground pool thereby allowing direct access to the water contained within. If you remain in any doubt, you may wish to seek and be guided by independent legal advice. I trust this information is of assistance.” The above is forwarded for members' information. Kind regards, AIBS NSW / ACT Suite 6, 2 East Street FIVE DOCK NSW 2046 http://www.aibs.com.au SO >>> i called AIBS and was told that the rules were ambigious !!!! Manly COuncil want to get this sorted and so do i .... but i am not sure what direction to take or who to speak to .. Re: pool wall cant be a swimming pool barrier - help pls 9Jan 05, 2013 7:03 pm from memory a safety barrier must have a no climb zone of 900mm either side and above it ie: if you have a 1.2 mtr high pool fence... either side of the fence upto 900mm horizontaly must be a no climb zone ie both sides of fence cannot be built up in any way from ground to top of fence (like your pool is) when the pool fence abutts a boundary fence or solid structure a no climp zone of 900mm from top of pool fence must also comply (your pool dosnt comply) so basicly from ground up you need a 2.1 mtr no climb zone vertacly and from cnt of fence out you need a 1.8 mtr no climb zone (again your pool dosnt comply) but.....laws always change so it may have been updated. another way to look at it is if a child does drown in your pool how long are you prepared to spend in jail for non compliance for the sake of an uniterupted view ps. i build high end landscapes and pools and i see your point BUT the law is there for a reason no matter how inconveniant Da Vinci Outdoor Living Architectural landscaping http://www.davincioutdoor.com Re: pool wall cant be a swimming pool barrier - help pls 10Sep 08, 2013 8:59 pm What was the result in the end??? Hi, I had a barrier reef pool installed less that 2 years ago and the gel coat is already fading. The colour is electric grey shimmer which isn’t available… 0 3824 The last home I lived in didn't have a pool and when i went to sell it the agents were not happy, even telling me to put one in to sell the place. The agents weren't happy… 2 4239 |