Pool fence

A backyard tubular steel pool fence in Victoria, Australia.

A pool fence is a type of fence placed around backyard swimming pools, commonly to improve pool safety and to help prevent small children from accidentally falling into the pool and drowning.

Types of pool fence

Various materials

Pool fences are manufactured in several different types, using a variety of materials.

• Vinyl/PVC Fencing
• Removable mesh
• Tubular steel
• Fiberglass
• Aluminum Tube
• Glass
• Wood

Removable mesh pool safety fence

Removable mesh pool safety fence is often referred to by several different names. These names include, but are not limited to:

• Baby Guard Fence
• Pool Barrier
• Pool Fencing
• Swimming Pool Fence
• Mesh Fence
• Safety Fence
• Kiddie Fence
• Child Fence

Different types of pool fencing are utilised depending upon the needs and budget of the pool owner. Each kind offers its own advantages and disadvantages. Most kinds of pool fence are also used for, and were initially designed for, other applications besides around the pool. The exception to this is removable mesh pool safety fence.

Pool safety fence is the only type of pool fence designed specifically for use around swimming pools to help prevent child and/or pet access.^{[citation needed]} Removable pool fences use a series of sections ranging from 6' to 15' in length connected at the top by a child-proof latch. Each section consists of a number of poles spaced at regular intervals and mounted into plastic or aluminium inserts that are core drilled into the pool deck or other substantial surface and a mesh material that stretches across those poles. The fence is made sturdy by the extreme tension it is manufactured and installed under. Mesh pool fence comes in many different colours, including black, white, green, tan, and brown. The mesh itself is made to be nearly transparent, especially in the darker colours. The support poles are normally made of either aluminium or fiber glass. Aluminium support poles are often powder coated different colours for pool owners' aesthetic preference. Pool fencing is not a substitution for parental supervision.

Pool fence laws

Some jurisdictions have laws governing pool fences, however they may vary from place to place.

Australia

All states and territories in Australia have pool fence laws. All pool fencing must comply with AS1926.1 1993 or 2007 standards.

Queensland

All swimming pools in Queensland are required by law to have a suitable fence. The only pools that don't need fences are pools that have been issued an exemption by the local council.

In response to the 2011 Queensland floods and Cyclone Yasi, changes have been made to introduce a statewide delay to the requirement for pool safety certificates for rental properties with non-shared pools. This applies from 8 January to 8 July 2011 and allows these properties to be leased without a pool safety certificate. Instead, the owner needs to give a warning notice (Form 37) to the tenant. All other aspects of the pool safety laws still apply. Pool owners still need to ensure their pool complies with the pool safety laws applicable to when the pool was built.

The new pool safety laws apply to pools associated with houses, townhouses, units, hotels, motels, backpacker hostels, home-stay accommodation and caravan parks (Classes 1–4 buildings). Pool owners have until 30 November 2015 to comply with the new pool safety laws, or earlier if they sell or lease their property before this time.

Different rules apply depending on whether the pool is a shared or non-shared pool. Spas that are capable of being filled with 300 millimeters or more of water, have a volume of 2000 liters or more and a filtration system, are covered by the new laws. However, this does not include bathroom spas that are used as baths.

If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a pool safety certificate is in effect for the pool.

If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool. For shared pools, the owner must give the person who will be the tenant a copy of a pool safety certificate if one is in effect. If there is no certificate in effect, the owner must give the Notice of No Pool Safety Certificate—Form 36 to the person who will be the tenant, to the body corporate and to the Department of Infrastructure and Planning before entering into the lease.

A Form 36 advises that the pool may not comply and the steps that must be taken to comply. The body corporate has 90 days to obtain a pool safety certificate for the pool. However, for leases entered into on or before 1 September 2012, a phase in period applies—the body corporate has until 30 November 2012 to obtain a pool safety certificate for the pool.

Only pool safety inspectors who are licensed by the Pool Safety Council can issue pool safety certificates. If you have any doubt about whether a person is a licensed pool safety inspector, you should ask to see their pool safety inspector license card. You can also check their license on the pool safety register. The pool safety register provides a list of all licensed pool safety inspectors. The register includes inspector contact details and displays the Local Government areas in which they work. You can also use the register to check if a pool safety certificate is in effect for a pool. You can search the register by property address or lot number.

For recently built pools, a final inspection certificate or certificate of classification given by the building certifier can be used as a pool safety certificate for one year from its date of issue for shared pools and two years for non-shared pools. However, this only applies if the certificate was given against the latest pool safety standard. All licensed building certifiers in Queensland are automatically licensed as pool safety inspectors until 4 November 2011. However, it is not mandatory for them to undertake pool safety inspections if they choose not to. Inspectors who do not wish to undertake pool inspections can be removed from the register. Any complaints about a pool safety inspector should be made to the Pool Safety Council.

Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises or at a gate or door accessing the pool. Owners of non-shared pools do not need to display their pool safety certificates.

The owner of the shared pool, usually the body corporate, needs to obtain the certificate and make it available to unit owners.

For non-shared pools, owners do not need to give their tenants a copy of the pool safety certificate. For shared pools, unit owners need to provide either a copy of the certificate or a Notice of no pool safety certificate—Form 36 to the prospective tenant.

Under Queensland’s residential tenancy laws, if a new fixed term lease agreement is not signed or extended, it automatically becomes a periodic agreement. Similar to the model adopted for replacement and testing of smoke alarms, the pool safety laws do not require a pool safety certificate to be obtained in this scenario. However, if the original terms and conditions of the agreement change at any point (e.g. a rent increase), a pool safety certificate will need to be obtained before entering into the new or renewed lease.

Pool safety certificates are valid for one year for shared pools and two years for non-shared pools regardless of how many times the property is re-leased during this period.

If a pool safety inspector inspects a pool and is not satisfied that it complies, they must issue a Pool safety nonconformity notice—Form 26. Form 26 advises the pool owner how their pool does not comply and what work needs to be done to comply. Some pool safety inspectors are licensed to carry out certain minor repairs. Pool owners can also carry out some repair and maintenance work. The Building Regulation 2006 sets out the repairs and maintenance work pool owners can carry out themselves, and minor repairs that appropriately licensed pool safety inspectors can carry out.

Once a pool safety inspector has given a Pool safety nonconformity notice—Form 26 the pool owner has three months to undertake the repairs and arrange a re-inspection of the pool. It is an offense for the pool owner to ask a different inspector to re-inspect the pool within this period. However, in some circumstances, such as where the inspector becomes ill, the pool owner can apply to the Pool Safety Council to allow another inspector to re-inspect the pool. If the pool owner does not ask the inspector to re-inspect the pool within three months, the inspector must notify the Local Government. The Local Government can then take the necessary enforcement action to ensure the pool complies with the relevant standards. Pool owners can appeal against nonconformity (Form 26) if they disagree with it.

Penalties of up to $16 500 for individuals and $82 500 for corporations apply for noncompliance with the pool safety laws. On-the-spot fines of $1600 for individuals and $4800 for corporations can also apply. Enforcement action is taken by Local Governments and, in some cases, by the Department of Infrastructure and Planning. If a real estate agent collects commissions in connection with a new lease where no pool safety certificate has been obtained for a non-shared pool, they may face disciplinary proceedings under the Property Agents and Motor Dealers Act 2000.

Occupiers of a property, including tenants, must ensure that gates and doors giving access to a pool are kept securely closed at all times when they are not in use. Occupiers and tenants should also ensure there are no climbable objects, such as pot plants or loose outdoor furniture that would allow children to access the pool. Tenants who install their own pool, such as a portable pool or spa, must ensure the pool complies with the pool safety standard and obtain all required building approvals. Permission from the property owner may also be required.

Victoria

In Victoria, Australia, pool fences must be at least 1.2 meters high.

Western Australia

In Western Australia, pool fencing must meet the following guidelines:

• be at least 1.2m high.
• not have gaps in the fence or below the fence wider than 100mm.
• not have footholds, handholds or other means for a young child to be able to climb.
• have no items such as outdoor furniture, BBQ’s, bikes, pot plants, gym equipment, ladders, trees and shrubs with low branches, garden trellis or other items located within 1.2m of the pool gates.

United States

There is no federal pool fence law currently in place within the United States. However, several states, including Florida, California, and Arizona, have created their own individual pool fence laws. Some counties have pool fence laws where no state law currently exists.

The Association of Pool & Spa Professionals has developed a model barrier code for residential swimming pools, spas, and hot tubs; this code has been approved by the American National Standards Institute.

B.O.C.A. pool safety standards:

The International Code Council (I.C.C.), more often known by their former name, the Building Officials and Code Administrators (B.O.C.A.), outline strong safety standards for swimming pool fences. In an effort to eliminate or reduce the accidental drowning of children, these standards have been recognized by many communities throughout the world.

Here are the highlights of the B.O.C.A./I.C.C. pool safety standards:

1. The fence must be a minimum of 48" tall (or taller, depending on distance between horizontal rails).
2. The middle horizontal rail must be at least 45" above the bottom horizontal rail (to prevent using the horizontal rails as a kind of ladder for climbing).
3. The spacing between pickets must be less than 4".
4. If space between pickets is less than 1³⁄₄, rule #2 does not apply and fence does not have to be taller than 48 (because the tighter picket spacing has made climbing much more difficult).
5. The space between the bottom horizontal rail and the ground must be less than 2".
6. The gate(s) must be self-closing and self-latching.
7. The gate(s) need to open out (away from the pool area).
8. The operating mechanism of the latch must be at least 54" from the bottom of the gate or it shall be on the pool side of the gate at least 3 inches below the top AND shall not have any opening greater than 1/2 inch within 18 inches of the release mechanism.

See also

• Child safety lock
• Child-proof
• Drowning
• Fence
• Swimming pool
• Temporary fencing

References

http://www.profencesupply.com/files/42072666.pdf http://www.poolsafetyfencetampa.com