Stakeholders, including swimming pool and spa owners, can now provide input on proposed new requirements relating to private pools and spas.

The Department of Environment, Land, Water and Planning (DELWP) has prepared draft Regulations that aim to reduce incidences of young children drowning in private swimming pools and spas through improving compliance with safety barrier requirements.

The Building Amendment (Swimming Pool and Spa) Regulations 2019 will introduce mandatory requirements for owners of private swimming pools or spas to register their pool or spa with their local council. In addition, owners will be required to engage a registered building surveyor or building inspector to inspect and certify the compliance of their safety barrier every three years.

DELWP has prepared a Regulatory Impact Statement (RIS) that examines the costs and benefits of the proposed Regulations and alternative options that were considered. The RIS and draft Regulations have been released for public consultation so that the Victorian community can provide input on the proposed regulatory changes.

The new regulations will commence on 1 December 2019.

The proposed implementation period will require owners of existing swimming pools and spas to take action by 14 April 2020.

How to make a submission

The public consultation period is an opportunity for anyone interested to have their say on the proposed Regulations before they are finalised.

Questions seeking views on key aspects of the proposed requirements are set out below. The RIS also contains specific questions that stakeholders can respond to in a written submission.

Please provide responses to the questions and/or upload a written submission below.

Consultation closes at 5pm on Friday 6 September 2019.

Submission form

1. Do you support the mandatory registration of all private swimming pools and spas?
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2. Are the proposed fees that owners must pay for registration and certificate lodgement reasonable?

Registration: $37 (one-off fee)
Lodgement of certificate of pool and spa barrier compliance: $20 (every three years)
Lodgement of certificate of pool and spa barrier non-compliance: $385 (if certain non-compliance is found during the three-yearly inspection)

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3. The proposed regulations set out dates that owners of existing pools and spas must take certain actions by:

–Registration of existing pools and spas: 14 April 2020.

–Lodgement of first certificate of pool and spa barrier compliance with council

  • for pools and spas constructed 30 June 1994 or earlier: 30 October 2020
  • for pools and spas constructed between 1 July 1994 and 1 May 2010: 30 April 2021
  • for pools and spas constructed from 1 May 2010: 29 October 2021.
Do you think these timeframes are reasonable?
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4. Do you agree with the creation of the proposed new class of building inspector (pool safety) for inspecting and issuing certificates for pool barriers?
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Are the following prescribed qualifications appropriate for the proposed new class of building inspector (pool safety)?

–The successful completion of a course in swimming pool and spa safety barrier inspection approved by the Victorian Building Authority from a Registered Training Organisation; and
–At least 6 months of practical experience.

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5. How often do you believe pool and spa barriers should be inspected and certified as compliant?
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6. Should pool and spa owners be required to display CPR signage near pools and spas?
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7. Do you believe that the proposed registration, inspection and certification requirements should also apply to relocatable pools?
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I am making this submission: Required
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Please include this information if you are making this submission on behalf of an organisation.

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Providing this is also optional but will allow us to contact you by phone if we have any questions about your submission.

I agree to this submission being made public Required

If you select yes, we may publish part or all of your submission or your organisation's position on policies. If you select no, no part of your submission will be made public. Selecting no will not affect your submission.

Collection notice

DELWP is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws. The information you provide will be used in the development of the Building Amendment (Swimming Pool and Spa) Regulations 2019, and may be used for future policy development relating to requirements for private swimming pools and spas. The information you provide may be made available to DELWP, Consumer Affairs Victoria, the Victorian Building Authority, the Minister for Planning, and the Scrutiny of Acts and Regulations Committee. If you do not wish to provide your personal information we will not be able to identify your submission if you wish to access it, make a correction or require technical support. You may access the information you have provided to DELWP by contacting building.policy@delwp.vic.gov.au.