New swimming pool and spa barrier compliance requirements

New laws to improve swimming pool and spa safety introduced by the State Government have come into effect in Brimbank.

It is now mandatory for owners of land where a swimming pool or spa is located to register their pool and to lodge a certificate of barrier compliance (CBC) with Brimbank Council.

The certificate, which is issued by a building surveyor or inspector, shows that the safety barrier around the pool or spa meets compliance standards.

A property owner must submit the certificate to Council within 30 days of issue and can do this through an online application.

The new laws apply to swimming pools and spas that are capable of holding more than 300mm (30cm) of water, including:

  • indoor pools and spas
  • above-ground pools and spas, including relocatable and inflatable pools that are capable of holding more than 300mm (30cm) depth of water and require assembly on site
  • bathing and wading pools capable of containing more than 300mm (30cm) depth of water.

Brimbank has written to all swimming pool owners several times to remind them of their obligations under legislation.

Owners who fail to comply may be issued a building infringement fine of approximately $370. If a property owner fails to register their pool or spa or lodge a CBC following a building infringement, Brimbank may commence legal proceedings.

If found guilty of the offence, the maximum penalty that may be imposed by the Magistrates’ Court is $1,849.20.

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

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Brimbank City Council acknowledges the Traditional Custodians of this land, the Wurundjeri People, and pays our respects to Elders past and present.