+ Why is this all happening?

Historically, the Victorian State Government’s approach was that when you put in a pool safety barrier, it had to be inspected for compliance, and then you had to keep it that way. For many years the rules have said that it was your job as a pool owner to ensure the barrier remained compliant. And so the government took the approach of just assuming everyone was doing the right thing.

There were three problems with that.

• First, not everyone understands their obligations.
• Secondly, compliance is complicated and difficult.
• And last of all, a perfectly compliant pool safety barrier this year might not be compliant next. Hinges and catches wear out, tree roots move fences and gates so they no longer latch, wooden fences rot and metal ones corrode.

The result was hundreds of thousands of non-compliant pool safety barriers. And too many little kids drowning, and too often the cause was a non-compliant barrier.

+ Why do I need to get an inspection?

In response, the State Government has introduced this new approach to ensure that every pool and spa safety barrier is compliant, and that compliance is checked every 4 years. Some owners feel it’s inconvenient, but everyone agrees we don’t want kids drowning.

+ I don’t have any children or grandchildren who come to my house, why does my pool need a barrier?

According to the authorities, there are two reasons.

The first is that unfortunately, there have been cases where children of people in neighbouring properties have drowned in pools with inadequate barriers. Not even neighbours necessarily. Any in many cases, not kids who were invited in – in summer, a neighbourhood pool can be very inviting to a small child. And of course, if you’re at home and watching the pool, it’s one thing, but how many of us are at home and watching our pools every minute of the day? It only takes 2 minutes for a child to drown.

The second reason is that people sell houses and at this stage there is no requirement to get a Certificate of Barrier Compliance on sale. This is because everyone is supposed to have a barrier that is always compliant.

+ What is Registration?

The first step is that you need to register your pool with your council. You need to do this even if you have registered with the council before. The specifics vary from council to council. Contact your council for details.

+ What is Inspection?

Inspection is the process that gets you your compliance certificate. This is technically known as a Certificate of Barrier Compliance (also known as a Form 23).

Your local council will advise you of the compliance standard that applies to your pool or spa, and a deadline before which you need your Certificate of Barrier Compliance. More information on compliance deadlines here.

So at some stage before that deadline you will need to get a VBA-registered inspector to come and inspect your safety barrier, then sign off that it’s safe by giving you a Certificate of Barrier Compliance (Form 23). However, you might well take an intermediate step and organize a consultation. For more details, see below.

+ What is Remediation?

Remediation is the process of dealing with all the non-compliances in your barrier. These can be as small as a latch that needs adjustment (a process that might take two minutes) or as large as spending tens of thousands of dollars on new fences and gates. Every case is different.

+ What is Compliance?

This is the easiest step of them all. This is the final step, when everything is ready and all the remediation is complete. You organize your compliance inspection and assuming all goes well, you get your Certificate of Barrier Compliance (Form 23). You send that to your council and you’re done! (At least for 4 years...)

+ So what’s a barrier pre-inspection or consultation?

A barrier pre-inspection or consultation is a review of your pool safety barrier to identify any areas with issues that must be addressed before it's compliant. If your barrier isn’t compliant, the consultation should give you a list of things that need to be addressed and clear explanations of what needs to be done to make each one of them compliant. once these issues are addressed, getting a certificate of barrier compliance should be straightfoward

+ Do I need (should I get) a consultation?

It’s entirely up to you. But perhaps you should get a consultation done.

Going straight to a compliance inspection is fine if your barrier is compliant, but if not, there are two problems. The first is that if your pool barrier has one of a short list of serious defects (see below) then your inspector must issue you with a Form 24 and report you to the council. They have no choice. That’s the law. The council may fine you, possibly issue you with a temporary fencing order (which means you have to pay for temporary fencing) and then may give you a Barrier Improvement Notice (which means you have to fix your pool fence). More money, more inspections, more fines, more fees. That’s not an outcome anyone wants.

The second issue is that just having the compliance inspection done starts the clock ticking. If your barrier is perfect, that’s not a problem. You get your Form 23 and you’re in great shape. But experience shows that in 95% of cases (or more) there are things that need fixing. Your VBA-registered inspector can only give you a limited period (depending on the circumstances, up to a little over 2 months) to get it fixed. After that the inspector must issue a Certificate of Pool and Spa Barrier Non-compliance (again, they have no choice – that’s the law).

On the other hand, having a consultation can give you a chance to get working on your barrier compliance issues without setting the clock ticking.

So in summary, it’s your call. Pick whichever approach you would prefer and book now.

+ Can I go straight to a compliance inspection?

Again, that’s up to you. If you believe your barrier is compliant, then the cheapest and quickest route to getting a Certificate of Barrier Compliance is just that: pay a VBA-registered inspector to come and inspect your barrier. If you have doubts or concerns about whether your safety barrier is compliant, then a consultation is a safer bet.

+ How much time does it take to get my safety barrier compliant?

It depends. The shortest we’ve seen are the ones that are already compliant, and an inspection can take as little as 30 minutes. The ones that take the longest are the ones that need major modifications and require a building permit. Those can take months and months.

+ When should I start?

Start soon. The Victorian government has made June 1 2022 the first deadline, and as we get closer to that date, it gets harder and harder to book inspections, to get tradesmen out, to get building permits, to book re-inspections, etc.

+ What are the deadlines for compliance?

The answer to that depends on your Pool/Spa construction date, and the details are here.

+ Why do people say I need a pre-inspection/consultation first?

Frankly, there are two reasons.

Firstly, for some people it’s the right answer. If you’ve got major problems with your safety barrier, it may be the right choice for you.

But unfortunately, there’s another reason. Getting registered with the VBA (Victorian Building Authority) is difficult. The VBA has high standards and it’s not an easy process. There are liability issues for pool safety barrier inspectors and we need to carry heavy insurance. Sadly, many people without registration sell themselves as “consultants” who can help you with pool safety compliance. Since they can’t by law do a compliance inspection, they have no choice but to sell you some sort of pre-inspection service. Now as we said above, that might be the right choice for you, but if you’re in the market for a new car, and you want to know if a Ford is the right brand for you, would you expect an unbiased answer from the local Ford dealer?

+ How do safety barrier inspectors make money?

Now that’s an interesting question. Broadly, there are two business models. The first and most common approach is to maximise the revenue from each customer. So that means that ideally they will sell you a pre-inspection, then get some paid work done by tradies (on which they make a margin), maybe make a markup on a new gate, then perhaps get you to pay for another pre-inspection, then a final inspection. All in all you pay somewhere in the $1000-$5000 area – sometimes as much as $20,000.

The second approach is to maximise each customer’s satisfaction (which usually means minimising their spend!) This is the approach we take. It sounds crazy but it makes good business sense if you think about it. If a customer can get through without spending more than they need, they will recommend their friends and family to us as well as ask us back in 4 years for their next inspection. Makes perfect sense.

So it’s short-term killing versus long-term investment. We get a lot of calls from customers who are concerned that people are trying to sell them things they don't need. That’s not always the case, but sadly, sometimes it is.

+ Aren’t all safety barrier inspectors the same?

Safety barrier inspectors are like doctors, or builders, or teachers. There are really good ones, really bad ones, and everything in between. And sadly, it’s not true that you get what you pay for. While it’s true that the cheap ones are usually cheap for a reason, it doesn’t follow that the dearest ones are the best. Sometimes you just spend more than you need.

+ What does Melbourne Pool and Spa Safety Provide?

We try to provide what our clients want, which is typically the fastest and best path to a Certificate of Barrier Compliance.

In practical terms, if you want a compliance inspection, we do that. If you want a consultation, we do that as well (we never have the same staff do the pre-inspection as the ones who do the compliance inspection). But it’s entirely your choice. We try to give you the shortest (and cheapest) path to a Certificate of Barrier Compliance.

+ Why should I choose Melbourne Pool and Spa Safety?

Good question. Maybe you shouldn’t? Here’s some information to help you decide. We’re two brothers with decades of experience in customer service, general management, and IT. We understand that the best business relationships are formed when we’re crystal clear on our promises and we keep those promises. We want to support you, now and in the future. For more detail, see Why Choose Us?

+ How much does Melbourne Pool and Spa Safety charge?

We have flat rates for metropolitan services: Consultation: $250. Pool Barrier Compliance Inspection: $275 and for the times when we need to complete a reinspection, $195. We also offer a package deal of a Consultation with a follow up Compliance Inspection at the discount rate of $475.

If you’re not in the Melbourne Metro area, simply go to make a Booking and the system will send us your details. If we can help you, we will. If not, we will recommend someone closer if we can.

+ Which standards apply to my pool or spa safety barrier?

That’s a little complex, and the law says that your council has to make that determination, but broadly it depends on when your pool was built, which is information you will find here

To make matters worse, sometimes there is overlap. For example, if your pool was built before 8 April 1991, depending on what your barrier consists of, you might have to comply with AS 1926.1-1993 as well.

And if you’ve had building works done since, the standard you’re required to comply with might have changed. (And it might not…)

If you think that seems complicated, you’re right. It is. By law, your local council must tell you the answer to this question. We can’t do it. Even though we can tell you what’s likely, we don’t have all the information required to be 100% sure. Only the council can do that.

+ What about inflatable pools?

All pools and spas that are covered by the Building Act need a compliant safety barrier. Broadly, these include all permanent pools and spas and most relocatable pools and relocatable spas that “are capable of holding” a depth of water greater than 300mm. A small inflatable pools that does not contain multiple components and does not require any assembly (e.g. a small inflatable pool that you just have to blow up) is not subject to the barrier requirements.

+ Why are there so many different rules and regulations around pool and spa barriers?

In other states there is a single pool barrier standard. The Victorian Government has taken a different approach. Although there are some exceptions, broadly they allow you to comply with the standards that were in place when your pool was built. For pool owners, this is great – it means they’re not changing the rules under your feet. For pool inspectors, of course, it makes life very complex, but that’s our problem, not yours!

+ You talk about building regulations, Australian Standards and legislation - how do they interact and what takes precedence over the other?

Broadly, it’s a hierarchy. The legislation is the law – there are various Acts of Parliament that apply to this area of pool safety. Some of these (e.g. the Building Act) bring into play various regulations (primarily the Building Regulations 2018), and they specify obligations with reference to the Australian Standards. For more information, see Regulations.

+ Which standards apply to my pool or spa safety barrier?

That’s a little complex, and the law says that your council has to make that determination, but broadly it works like this: If your pool was constructed… then the applicable barrier standard is… Before 8 April 1991 Part 9A, Division 2 of the Building Regulations 2018 8 Apr 1991 – 31 Oct 1994 AS 1926.1-1986 Amendment 1 1 Nov 1994 – 31 Jul 1997 AS 1926.1-1993 1 Aug 1997 – 30 Jun 2000 1. The Deemed to satisfy requirement of the BCA Volume 1 or 2 including AS1926.1-1993; or

1. Alternative Solution, applied at the time of approval or date of construction, BCA Volume One or Two as issued, published or remade from time to time; or
2. Combination of 1 and 2. 1 Jul 2000 – 30 Apr 2010 1. The Deemed to satisfy requirement of the BCA Volume 1 or 2 including AS1926.1-1993 Amendment 1; or
3. Performance Requirements, if an Alternative Solution, applied at the time of approval or date of construction, BCA Volume One or Two as issued, published or remade from time to time; or
4. Combination of 1 and 2. May 2010 – 30 Apr 2013 1. The Deemed to satisfy requirement of the BCA Volume 1 or 2 including AS1926.1-2007 Amendment 1; or
5. Alternative Solution, applied at the time of approval or date of construction, BCA Volume One or Two as issued, published or remade from time to time; or
6. Combination of 1 and 2. May 2013 and later 1. AS1926.1-2012; or
7. Alternative/ Performance Solution applied at the time of approval or date of construction, BCA Volume One or Two as issued, published or remade from time to time; or
8. Combination of 1 and 2.

To make matters worse, sometimes there is overlap. For example, if your pool was built before 8 April 1991, depending on what your barrier consists of, you might have to comply with AS 1926.1-1993 as well.

And if you’ve had building works done since, the standard you’re required to comply with might have changed. (And it might not…)

If you think that seems complicated, you’re right. It is. By law, your local council must tell you the answer to this question. We can’t do it. Even though we can tell you what’s likely, we don’t have all the information required to be 100% sure. Only the council can do that.

+ What about inflatable pools?

All pools and spas that are covered by the Building Act need a compliant safety barrier. Broadly, these include all permanent pools and spas and most relocatable pools and relocatable spas that “are capable of holding” a depth of water greater than 300mm. A small inflatable pools that does not contain multiple components and does not require any assembly (e.g. a small inflatable pool that you just have to blow up) is not subject to the barrier requirements.

+ Why are there so many different rules and regulations around pool and spa barriers?

In other states there is a single pool barrier standard. The Victorian Government has taken a different approach. Although there are some exceptions, broadly they allow you to comply with the standards that were in place when your pool was built. For pool owners, this is great – it means they’re not changing the rules under your feet. For pool inspectors, of course, it makes life very complex, but that’s our problem, not yours!

+ You talk about building regulations, Australian Standards and legislation - how do they interact and what takes precedence over the other?

Broadly, it’s a hierarchy. The legislation is the law – there are various Acts of Parliament that apply to this area of pool safety. Some of these (e.g. the Building Act) bring into play various regulations (primarily the Building Regulations 2018), and they specify obligations with reference to the Australian Standards. For more information, see Regulations. Practical Questions