Why are these regulations being introduced?
On average, four young children die in Victoria in home swimming pools or spas each year, and many more are taken to hospital for near drownings. The Victorian state government has introduced this new legislation to ensure that pools and spas are as safe as possible for everyone. These new regulations apply to pool and spa owners all over Victoria – not just in Darebin.
As a pool/spa owner, what do I need to do, and by when?
Pool/spa owners are required to register their pool/spa before 1 November 2020. Registration can be completed via this online form. After registering your pool/spa online, Council will need to confirm the date of construction of your pool/spa, and applicable regulations (Australian Standards) that the barrier is required to comply with. Once we have confirmed these details, we will send you a pool/spa registration certificate. These certificates are generally sent to you within 30 days of lodgement of the online registration form.
Once your pool/spa is registered, you will need to organise an inspection of the pool/spa through a registered building practitioner (Building Surveyor or Building Inspector) of your choosing. Your pool/spa registration certificate will tell you when you need to complete the inspection by.
Once the Building Surveyor/Building Inspector has carried out the inspection and confirmed that your pool/spa safety barrier meets the regulations, they will provide you with a Certificate of Pool and Spa Safety Barrier Compliance (CPSSBC). This certificate will then need to be lodged with Council. Click here to lodge
your Certificate of Pool/Spa Barrier Compliance Certificate.
What are the fees/charges involved in this process?
Throughout the pool/spa registration and inspection process the following charges will apply:
- Registering your pool - a fee of $79 applies, which includes a registration fee of $32 and an information search fee of $47
- Lodging your Certificate of Pool/Spa Safety Barrier Compliance - a lodgement fee of $20.40 applies
- Non-compliance - if the inspector finds an issue with your pool/spa safety barriers which means that your pool/spa does not comply with the safety regulations, and the issue is not resolved within 60 days, you may receive a Certificate of Non-Compliance. A fee of $385 applies in this instance.
Note that the building surveyor/inspector who inspects your pool/spa may charge an inspection fee. This is a commercial fee and not set by council or a service offered by Council. Council cannot control how much the service provider charges for their services and we would encourage you to source multiple quotes.
How do I register my pool/spa?
Pools and spas can be registered via this online form
. The form includes payment of a search/registration fee ($79) and will need to be completed by 1 November 2020.
When do I need to register my pool by?
All pools and spas are required to be registered with Council by 1 November 2020. This can be achieved by completion of an online registration form
and payment of applicable registration and search fee ($79).
When do I need to complete an inspection by?
After you register your pool/spa online, Council will send you a pool/spa registration certificate. These certificates are generally issued within 30 days of completing the online registration form.
The pool/spa registration certificate will tell you the date by which your pool/spa barrier inspection is required to be completed, which will be based on the construction or alteration date of the pool/spa.
It is anticipated that the pool/spa inspection process will commence after 1 November 2020. The exact date will depend on the construction or alteration date of your pool/spa.
What if the inspector/surveyor finds a problem with my pool/spa safety barriers?
In most cases, if the building inspector/surveyor finds an issue with your pool/spa safety barriers which means that your pool/spa does not comply with the safety regulations, you will have 60 days to resolve the issue(s).
Once the issue is resolved, the inspector will issue a Certificate of Pool and Spa Safety Barrier Compliance (CPSSBC), which you can then lodge with Council. Click here to lodge
your CPSSBC Compliance Certificate via the online portal.
If the issue is not resolved within 60 days, the inspector will issue a non-compliance certificate and submit it to Council. Council will then contact you to issue a barrier improvement notice, which will need to be actioned within 14 days. Please note that in this instance, a fee of $385 will apply.
If you are a building inspector/surveyor and you need to upload a non-compliance certificate, click here
Is there a cost involved in engaging a building surveyor or inspector to carry out the inspection?
The pool/spa safety barrier inspection fee is set by the service provider (the building surveyor/building inspector) and is to be paid by the pool/spa owner. Council cannot control how much the service provider charges for their services and you are encouraged to source multiple quotes.
The pool/spa inspector is required to be a registered practitioner (i.e. building inspector/building surveyor).
After my pool/spa inspection has been completed, what do I do with the Certificate of Pool and Spa Safety Barrier Compliance (CPSSBC)?
Once your pool/spa is inspected, the building inspector/building surveyor who carried out the inspection will issue you with a Certificate of Pool and Spa Safety Barrier Compliance (CPSSBC).
This certificate will need to be lodged with Council. Follow this link to upload
your CPSSBC Compliance Certificate via the online portal.
Dates for lodgement of the CPSSBC certificates are as follows:
- For pools/spas constructed on or before 30 June 1994:
CPSSBC is due by 1 June 2021
- For pools/spas constructed on or after 1 July 1994 and before 1 May 2010:
CPSSBC is due by 1 June 2022
- For pools/spas constructed on or after 1 May 2010:
CPSSBC is due by 1 June 2023
Owners of pools/spas constructed on or after 1 November 2020 will need to lodge their CPSSBC within 30 days of receiving the occupancy permit or certificate of final inspection.
Will I need to have my pool/spa re-inspected regularly?
Pools/spas will only need to be registered with Council once. Following the initial pool/spa registration, inspection and certification, pools/spas are required to be inspected within every 4 years thereafter.
How can I find a building surveyor/inspector to carry out an inspection?
Please refer to the ‘Find a practitioner
’ section of the Victorian Building Authority website (Category Building Inspector/Building Surveyor).
What happens if I fail to comply?
Pool/spa owners are responsible for registration and periodic inspections of the pool/spa safety barrier to ensure that they continue to meet the safety regulations. If you do not register your pool/spa by 1 November 2020, this will result in an infringement notice (2 penalty units – approximately $330).
If you do not comply with Council’s directions to ensure compliance with the Building Regulations, this may result in the referral of the matter to magistrate.
Where can I get further information?
Swimming pool and spa owners have a legal obligation to ensure that they maintain the effective operation of swimming pool and spa safety barriers. Gates and doors must remain closed except when entering the pool or spa.
Do I need a building permit to construct or install a pool/spa?
A building permit is required to be obtained prior to construction or installation of a swimming pool or spa that is capable of holding more than 300mm of water.
A building permit is not required for general maintenance to an existing pool/spa safety barrier, provided the maintenance is carried out using materials commonly used for the same purpose as the material being replaced, and will not adversely affect the safety of the public or occupiers of the building.
Where can I find information on Public Aquatic Facilities?
Public Aquatic Facilities are pools or spas that are readily used by multiple members of the public. This includes pools and spas at hotels, motels, hostels and residential apartment complexes. For information on Public Aquatic Facilities, including how to register them, please click here.