Reminder: The new home swimming pool safety scheme has commenced on 1 May 2024, with a Four-Year Transition Period

Members are reminded that the new home swimming pool safety scheme commenced on 1 May 2024.

The scheme introduced safety standards that all home swimming pools and spas in the ACT are required to adhere to, including existing home swimming pools and spas. There are different provisions for home swimming pools and spas built, altered or installed before 1 May 2023 and after. Members are required to familiarize themselves with each of the four (4) transition periods set out in the scheme and be able to identify their obligations relating to current and future building projects.

From 1 May 2024, all pool owners will be subject to the following obligations, regardless of when the swimming pool or spa was approved, built, altered or installed:

1. maintain the swimming pool or spa safety barrier as an effective and safe child-resistant barrier.
2. ensure that all doors, gates and covers providing access to the swimming pool or spa are kept securely closed at all times when they are not in actual use.

Compliance with prescribed safety standards

For swimming pools and spas built, altered or installed before 1 May 2023, the prescribed safety standard is:

1. the Building Code of Australia 2022; and
2. the following two Australian Standards:
   • AS 1926.1 (2012): Swimming pool safety, Part 1: Safety barriers for swimming pools
   • AS 1926.2 (2007): Swimming pool safety, Part 2: Location of safety barriers for swimming pools

For swimming pools and spas built, altered or installed on or after 1 May 2023, the prescribed safety standard is:

1. the Building Code of Australia at the time the swimming pool or spa is built, altered or installed; and
2. the Australian Standards referenced by the applicable Building Code

Compliance certificate requirement

Swimming pools and spas built, altered or installed before 1 May 2013, the owners will be required to obtain a compliance certificate by 30 April 2028 and lodge it with Government within 30 days from the issue date of the certificate. The compliance certificates will have a validity period of four years, starting from the end of the transition period.

If you need any advice in relation to your obligations associated with home swimming pools and spas, please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.