Beware
Beware The Days of Relaxed Pool & Spa Safety Regulations And Liability Shifting Are Now Over Tough New Laws Including Manslaughter Charges Levelled Directly at Home Owners Now Apply Ignorance is no Defence if an Owner is charged SWIMMING POOL & SPA SAFETY OPEN SOURCE GUIDE SHEET - INCLUDES - POOL SKIMMER BOX & SPA UNIT PRODUCT COMPLIANCE WARNING POOL & SPA SAFETY FENCING & GATES COMPLIANCE WARNING PLUMBING & ELECTRICAL WORK COMPLIANCE REQUIREMENTS BASIC SWIMMING POOL / SPA SAFETY BARRIER CHECK LIST Swimming Pool & Spa Safety Open Source Guide Sheet 1 / 20 (BLANK PAGE) Swimming Pool & Spa Safety Open Source Guide Sheet 2 / 20 * NEWSFLASH - NEW - MORE STRICT - POOL & SPA SAFETY REGULATIONS NOW IN EFFECT IN VICTORIA SAMMY THE SEAL'S SWIMMING POOL & SPA SAFETY GUIDELINES TO HELP YOU GET STARTED A Child Safe Home is a Happy Home Version 1.5 / 2013 This is an draft interim open source guide sheet that has grown from the collaborative effort of numerous Building Surveyors & Building Inspectors experienced in Swimming Pool and Spa safety compliance throughout the State of Victoria and may be used as an aide by such parties to help explain in person to the public the basics of the new pool & spa safety rules that now apply within Victoria. It is rather simplistic but helps Building Surveyors & Inspectors save time & help avoid misunderstandings by having prepared sketches and the like to point to when responding in person to a request for pool or spa safety information from a member of the public. It has not been designed as a public distribution document. This is NOT a Building Commission Nor a Kidsafe Australia Publication. Swimming Pool & Spa Safety Open Source Guide Sheet OPEN SOURCE NO COPYRIGHT APPLIES This information sheet has not been code locked and can be changed and passed on for members to correct or update and pass on again to other members as may be required from time to time. The Appendix Sheets as produced by Poolscene Solutions are also open source & code locked however they too may also be freely copied providing they are copied in full only as noted on the base of each sheet i.e. they may only be updated by Poolscene Solutions. 3 / 20 WHERE DO THE POOL & SPA SAFETY BARRIER RULES COME FROM ? The Rules For Pools & Spa Associated with Domestic Class 1 Dwellings in Victoria are a product of the following two (2) documents (01) PART 3.9.3 OF BUILDING CODE OF AUSTRALIA (BCA) 2010 (Volume 2) Including Explanatory Information (02) AUSTRALIAN STANDARD AS 1926.1 - 2007 SAFETY FENCING FOR SWIMMING POOLS (& Spas) HOWEVER - ONLY PARTS OF AS 1926.1 - 2007 APPLY - AS NOT ALL OF IT APPLIES IN VICTORIA CAUTION - ANY REFERENCES IN AUSTRALIAN STANDARD AS 1926.1 - 2007 TO USING SELF CLOSING AND LATCHING DOORS LEADING TO OR FROM A DOMESTIC HOUSE OR OUTBUILDING INTO A SWIMMING POOL OR SPA AREA MUST BE DISREGARDED AS THEY DO NOT APPLY IN THE STATE OF VICTORIA DUE TO THE OVERRIDING REQUIREMENTS OF PART 3.9.3.0 (b) - SWIMMING POOL ACCESS - OF THE BUILDING CODE OF AUSTRALIA 2010 VOLUME TWO THE RULES IN VICTORIA ARE NOW MORE STRICT THAN THOSE NOTED IN THE STANDARD BY DEFINITION A 'SPA' IS A 'SWIMMING POOL' SPAS WITH LOCKABLE LIDS ARE NOT EXEMPT FROM THE RULES For more details, please obtain a copy of the relevant sections of Australian Standard AS 1926.1 Safety Fencing for Swimming Pools 2007 - a proprietary document that cannot be freely distributed - for specification details before commencing work to help avoid making mistakes - not all sections are relevant in Victoria as noted above - Australian Standards Association (ASA) The state government has now 'out sourced' the presentation of swimming pool & spa safety fencing rules to the Australian Standards Association (ASA). As such, the Australian Standards Association (ASA) may also claim 'copyright' on such documents. Such rules are no longer freely available in the public domain. Expect to pay about $90.00. Copyright & Fair Use For any community groups or the like that would like to reproduce relevant sections of AS 1926.1, they may be able to do so under the 'fair use' provisions of the copyright rules without infringing copyright, however, to be on the safe side, it is recommended that any such groups seek & obtain permission in writing from the Australian Standard Association (ASA) before reproducing any of the content or sketches contained therein from; Australian Standards Association GPO BOX 476 SYDNEY NSW 2001 Copies or Extracts of AS 1926.1 can only be supplied by the Australian Standards Association Swimming Pool & Spa Safety Open Source Guide Sheet 4 / 20 Hi. My name is Sammy the Seal. Let me show you how you the basics behind the new State Government rules........... EFFECTIVE FROM 01 MAY 2010 BIG CHANGE TO POOL & SPA BARRIER SAFETY RULES DOORS LEADING TO OR FROM HOUSES AND OUTBUILDING INCLUDING GARAGES & WORKSHOPS AND THE LIKE INTO SWIMMING POOL OR SPA SAFETY BARRIER AREAS ARE NOW BANNED IN THE STATE OF VICTORIA SWINGING, FOLDING & SLIDING DOORS ARE NOW OUT Swinging Doors ? No! Not Allowed Any More POOL OR SPA HOUSE OR OUTBUILDING Folding or Sliding Doors ? Internal fence & self closing & latching gate opening outwards now required ► No! Not Allowed Any More Not yet regulated by omission, so this dimension can go down to zero, however a minimum distance of 1,200mm / 3' 11 1/4” all around a pool or a spa is recommended to provide a rescue path in an emergency, to discourage diving from the fence & to allow for safe pool cleaning access. DOORS LEADING TO OR FROM THE POOL OR SPA SAFETY BARRIER AREA NOW BANNED BY THE STATE GOVERNMENT OF VICTORIA EVEN IF THEY ARE SELF CLOSING AND SELF LATCHING CAN SOLID GLASS INTERNAL FENCES BE USED ? Required 1.80m (5' 10 7/8”) min. high perimeter boundary fences. Please also see the boundary fences & internal barrier climb over restriction requirements section further on ► Yes, if they meet the AS 1926.1 fencing specifications and are properly designed using thick shatter proof laminated safety glass as specified & certified by a competent engineer in accordance with AS 1288 - 2006 (Glazing) taking into account the type of lateral support to be adopted e.g. framed, fined, base cantilevered or composite design with human impact and wind loads taken into proper account. Permanent mid height glass decals should also be adopted to show the existence of glass to help stops kids running into it. Glass panel specifications and type a defined by the Glazed Pool Barrier Manufacturer's certified test data. Separate Dividing Fence With Self Closing & Self Latching Gate Now Required Swinging gates used as part of a swimming pool or spa bath safety barrier must swing outwards away from the pool or spa area (not inwards) so that if the self closer fitted to the gate does not quite push hard enough & so does not quite latch the gate correctly (such as may occur when a strong wind may be blowing) and a toddler were to lean up against the gate - then the gate will simply snap shut - rather than open inwards and allow the child ready access to the pool or spa area. Specification of minimum heights and clearances noted on the following pages ► Swimming Pool & Spa Safety Open Source Guide Sheet 5 / 20 RE NOW O Required 1.80m (5' 10 7/8”) min. high perimeter boundary fences. Please also see the boundary fences & internal barrier climb over restriction requirements section further on ► Awning & Sliding Windows ? No! Not Allowed Any More Unless you do the Following ... * HOUSE OR OUTBUILDING POOL OR SPA Internal fence & self closing & latching gate opening outwards now required ► Swinging, Folding & Sliding Doors ? No! Not Allowed Any More Where the placement of furniture is restricted so children cannot move it to within 1.20 m / 3' 11 1/4” of the window and the height from the sill of the lowest opening panel of the window measured from the inside floor is less than 1.20 m / 3' 11 1/4” the openable portion of the window must comply. Where furniture can be moved, all windows must be restricted. Effectively this means all windows must be restricted. MUST MEET ONE OF THE FOLLOWING THREE (3) REQUIREMENTS I.E. ITEM 01, 02 OR 03 01 * Security Screens May Be Used Fit a security screen in a manner that cannot be removed without a drill i.e. pop rivets for aluminium windows or for timber windows countersunk recessed or capped screws. Such screens must be like that used on patterned security doors with no gaps over 100mm / 3 7/8” (3 7/8”) wide or may security fly mesh type made out of high strength stainless steel or bronze mesh or the like. Ordinary flimsy lightweight fibreglass or aluminium fly screen mesh designed to simply keep out insects are no good. 02 * Fix Window Permanently Shut Fix windows permanently shut in a manner that cannot be removed without a drill i.e. pop rivets for aluminium windows or for timber windows capped countersunk recessed screws. However, the ventilation rules require that the amount of window opening available must be equal to a least one twentieth of the floor area (5%) of the room it serves. So this option can only be used if there is plenty of other windows servicing or sharing the room or else powered exhaust fans are required to be fitted to make up for the restricted window. 03 * Restrict Window Permanently So it Cannot Open by More than 100mm / 3 7/8” Fix windows in a manner that permanently restricts the window from opening more than 100mm / 3 7/8” with devices that cannot be removed without a drill i.e. pop rivets for aluminium windows or for timber windows capped countersunk & recessed screws. For horizontal / vertical sliding windows restricting plates or the like may be used fixed into the top or bottom or side sliding channels as applicable to restrict window movement. Awning windows must have two solid chains bolted & capped on each side to restrict window movement (flimsy chains are no good) or for chain driven openers, the chain may shortened with a chain cutter and capped accordingly. However, the ventilation rules require that the amount of window opening available must be equal to a least one twentieth of the floor area (5%) of the room it serves. So this option can only be used if there is plenty of other windows servicing or sharing the room or else powered exhaust fans are required to be fitted to make up for the restricted window. NOTE Self Closing and Self Latching Windows, Timber Window Shutters or the like are NOT a substitute State Government Directive. They are not deemed adequate any more. No exceptions. None. Swimming Pool & Spa Safety Open Source Guide Sheet 6 / 20 BOUNDARY FENCES LESS THAN 1.80M (5' 10 7/8”) TALL ARE NOW OUT This means that if the existing fences are too low, they must be raised with good solid well fixed trellis extensions or the like at the full cost of the person with the pool or spa (not the neighbour). However, if the next door neighbour (owner) does not want it - the Fences Act 1968 applies - which means you cannot extend the fence - which means you will have to use a separate fence within your own property at least 1.20m (3' 11 1/4”) away from the boundary fence to comply. Best to talk with your neighbour first rather than bolt up any trellis extension or the like and invite a problem for yourself. It no longer matters which side the fence rails are on just as long as it is at least 1.80m / 5' 10 7/8” tall - except where they may intersect with a perpendicular safety fence - as noted further on in the 'Climb Over Restrictions' section... BOUNDARY FENCES & INTERNAL BARRIER STEP OVER RESTRICTIONS Pool / Spa Internal fence House or Outbuilding Rest of Backyard * From the Approach Side by at least 900mm / 2 foot 11 1/2 inches * Return Side for at least 300mm / 1 foot If the boundary fence rails are on your side then * Vertical boards the height of the fence are required to cover each of the horizontal fence rails within the return & approach sides as noted in the sketch above to help stop kids using the horizontal rails to step over the intermediate safety fence. Please see the example on the following pages ... T RESIDUAL SAFETY DEVICES (SAFETY SWITCHES) TO POOL PUMPS & USE LOW VOLT LIGHTS AVOID ELECTRIC SHOCK Now Regulated. Have an electrician check - and fit if absent - a Residual Current Device (safety switch) - not just a fuse or circuit breaker - to all the house power & light circuits or at least to the pool or spa pump circuit to help avoid electric shock by means of a fault occurring in the pool / spa pump circuit or leaking of the seal separating the rotating pump impeller from the pump motor. Water at 240V voltages is conductive. Live water can kill. Also have the Electrician place adjacent to the pool or spa an external waterproof BIG RED EMERGENCY STOP BUTTON so it can be quickly punched off in an electrical or suction emergency. It is no fun being electrocuted or drowned ... AVOID DROWNING BY HAVING YOUR HAIR SUCKED INTO ANY UNDERWATER SUCTION POINTS Do not wear long hair in a pool or spa without using a bathing cap and avoid duck diving near suction points. Many horrid deaths have occurred in recent years by this means ... Newspaper extract attached ... AVOID HAVING YOUR INSIDES SUCKED OUT BY ANY POOL OR SPA UNDERWATER SUCTION POINTS Ensure any inlet points suction point dome covers remain in place and do sit on or place your bottom anywhere near a pool or spa inlet suction point. Not nice to mention. But fact. Several horrible deaths have occurred across Australia in recent years ... LOCATE CPR SIGNS IN A WATERPROOF CLEAR DISPLAY ENVELOPE RIGHT NEXT TO POOL OR SPA Free and available for Ambulance Victoria members. A4 size version attached ... No use fumbling around in an emergency ... AVOID BACTERIA GROWTH IN WARM SPAS Change the water after each use. No point getting a serious lung, skin or belly infection ... Young children have a low body oxygen reserve to brain ratio ... they can be brain damaged or dead in under 2 minutes ..... APPLY SAMMY'S GUIDELINES & USE COMMON SENSE All the rules in the world are no good if competent adult or parental supervision is absent ... Swimming Pool & Spa Safety Open Source Guide Sheet 7 / 20 SPECIAL NOTES ABOUT ABOVE GROUND POOLS & SPAS POST 01 MAY 2010 Clause 2.10 of AS 1926.1 Above Ground Pools / Spas Technically this provision - at first observation - allows for above ground pools with smooth non climbable sides at least 1.2m / 3' 111/4” high to be unfenced, however, there is a special proviso that states; Note: “Above ground pools / spas pose a particular hazard because of the tendency to install climbable objects against the pool / spa which may be used for access into the pool / spa”. This effectively means that smooth non climbable sides at least 1.2m / 3' 11 1/4” high only complies ONLY while there is no ladder against it or anything else near it within 900mm. However, a ladder or the like is required to access such pools. So - as such a 'barrier' cannot comply all the times - this provision is effectively null & void. Is a special cage built just around the ladder with a complying self closing gate & latch opening out away from the pool ladder access area OK to use then? Yes, but in part only, as it does not stop older kids leaving items leaning up against the sides of an above ground pool or within 900mm such a as make shift diving or bomb platforms, such as card tables, chairs, surfboards or whatever. This has been proven by research into backyard drownings. So effectively this provision may still be considered null & void in such cases even if a special cage is built around the ladder access area & such items were positioned up against any part of the remaining sides of such pool / spa. Research has shown that unlike the 900mm / 2'11” exclusion zone around a 1.20m / 3' 111/4”pool fence, the sides of an above ground pool / spa are an open invitation for older kids to place items against the side of the pool for all sorts of odd reasons. Then when the older kids leave, a little kid has a ready access path to death or serious injury. OK then, what about building a complying fence or cage all the way around on top of an above ground pool? This is definitely a NO. Such fences or cages are a death trap as they prevent ready access to a child in trouble. Although not specifically mentioned in the AS 1926.1-2007 (the pool & spa safety code), the implementation of such a fence or cage would be a serious breach of the Safety Objectives of the Part 101 (g) of Building Regulations of Victoria 2006 and cannot be accepted as an Alternative Solution Pursuant to Section 1.0.8 of the Building Code of Australia 2010. So what does this provision mean? Well, this provision has been identified as confusing & unworkable for the reasons noted above and it is expected to be dropped altogether with the next code revision. So, in the mean time, effectively this may be considered as a 'non provision' - so it may be best to forget about trying to use above ground pools with smooth non climbable sides at least 1.2m / 3' 111/4” high as part of a swimming pool or spa safety barrier, even if you elect to use a ladder cage and you can find a Building Permit Issuing Authority who is prepared to issue a building permit for one i.e. circumstances would have to be particularly unique for a competent Building Permit Issuing Authority to entertain such an idea in today's litigious environment. So what does this all mean? Simply that if you cannot be bothered trying to find a Building Permit Issuing Authority that will go along with it and you do not want to try & explain yourself at any Coronal Inquiry in the event of a beach of the rules caused by make shift diving or bomb platforms such as card tables giving access to a younger child as noted above, then just comply with the simple free standing fence provisions as noted on the previous pages. NO FENCE OR CAGE SHOULD BE USED ON TOP OF A POOL OR SPA AS THEY ARE A DEATH TRAP Use a simple free standing pool or spa safety fence as shown on the previous pages instead... Side of Above Ground Pool Swimming Pool & Spa Safety Open Source Guide Sheet 8 / 20 Swimming Pool & Spa Safety Open Source Guide Sheet 9 / 20 Swimming Pool & Spa Safety Open Source Guide Sheet 10 / 20 Swimming Pool & Spa Safety Open Source Guide Sheet 11 / 20 The proceeding pages are an adequate guide for most applications i.e. they contain all the information you really need to know in most situations However, If some special situation exists that may need to be addressed on a particular site exists then one may need to obtain a copy of AUSTRALIAN STANDARD AS 1926.1 SAFETY FENCING FOR SWIMMING POOLS 2007 Australian Standards Association GPO BOX 476 SYDNEY NSW 2001 Copies or Extracts of AS 1926.1 can only be supplied by the Australian Standards Association --------------------- WARNING -------------------AS 1926.1 - 2007 MAY CONTAIN OMISSIONS OR CONTRADICTIONS WHERE A CONTRADICTION MAY EXIST, ALWAYS CHOOSE THE SAFEST MORE STRINGENT OPTION. SOME OF THE SKETCHES IN AS 1926.1 - 2007 MAY ALSO NOT ACCORD EXACTLY WITH THE TEXT ALWAYS READ THE TEXT FIRST AND WHERE CONTRADICTIONS EXIST, CHOOSE THE SAFEST OPTION. FREE TECHNICAL ASSISTANCE MAY ALSO BE AVAILABLE FROM THE RESPONSIBLE STATE AUTHORITY NOTED BELOW This is not a Building Commission of Victoria nor a Kidsafe Australia Publication Free WEB Service http://www.buildingcommission.com.au The Building Commission of Victoria Goods Shed North 733 Bourke Street Docklands Victoria 3008 (Postal P.O. Box 536E Melbourne 3001) Phone 1300 815 127 / FAX 9618 9062 Free Email Service [email protected] _________________ LEGAL CONSIDERATIONS _________________ 01 CIVIL TORTS (Damages Claims) In the event of any injury or death occurring as a consequence of the Owner/s failing to take action as noted above, the Owner/s may become answerable to a police investigation & or coronal inquiry & or have damages awarded against them via Civil Court Proceedings on behalf of any aggrieved third party or appointed representative. 02 INSURANCE (Notice of Disclosure) Insurance companies cannot, by law, pay out on claims related to a breach of the law. Building insurance policies generally require the Owner/s to advise the insurance provider of a breach of an Act or Regulations that may affect the ongoing validity of any such policy i.e. such as non complying pool / spa safety barriers. Are you are a pool or spa owner who is prepared to loose everything if you get sued for negligence ? ______ HELP KEEP YOUNG CHILDREN SAFE THIS SUMMER _____ Swimming Pool & Spa Safety Open Source Guide Sheet 12 / 20 Swimming Pool & Spa Safety Open Source Guide Sheet 13 / 20 Swimming Pool & Spa Safety Open Source Guide Sheet 14 / 20 CONSUMER PRODUCT ALERT NEWSFLASH ... POOL SKIMMER BOX & SPA UNIT PRODUCT COMPLIANCE WARNING SAMMY THE SEAL WARNS SWIMMING POOL SPA OWNERS TO BE AWARE OF PITFALLS Before entering into a contract to buy a swimming pool & spa and / or an independent spa be sure it is compliant The days of 'home made' internal pool and spa safety fencing are over ... In Short ... 01 The government allows swimming pools with spas and / or independent spa units to be imported and sold into Australia even though they may not be compliant for use in Australia! Yes Minister. 02 Swimming pools with a spa and / or independent spa units must comply with the Australian Standard requirements including AS 1926.3 - Pool Filters - which includes passing several safety tests such as suction point dispersement and intake port cover design etc to help avoid entrapment of users by having hair sucked in and causing drowning of victims or damage to internal organs and the like from sitting near non compliance filter intakes. 03 Before buying any swimming pool spa and / or independent spa safety fencing, including Place It Yourself (PIY) units do not buy it unless the seller can supply the correct independent Test Certificate Report to go with it detailing the Test Report Number and Date, Brand Identification, Brand Specifications and Installation Requirements to prove it is deemed suitable by the Relevant Accreditation Authority use. Do not take the seller's word for it - get it - and check it against the product before purchase and delivery. 04 If one does not obtain a Test Certificate Report to go with it one may not be able to get an approval for it's use - which may end up costing the owner lots of money - and the hassle in having it replaced with a compliant unit. To aid in matching the correct Test Certificate Report to the relevant pool spa or spa unit - it should be clearly marked with compliance plate markings and serial numbers or the like to avoid mismatches and compliance verification mistakes t time of purchase and on site. 05 Test Certificate Reports are issued by independent testing authorities, such as, but not limited to NATA (National Accredited Testing Authority). Free Call 1800 621 666 Email [email protected] WEB www.nata.asn.au/. 06 The use of units not backed by an AS 1926.3 Test Certificate Reports may cause the Owner of the swimming pool spa or independent spa to face manslaughter charges in many states in Australia in the event of an accident causing death. In addition, common law costs cannot be covered by Insurance Companies in the event of loss or damages caused or contributed to by the use non accredited - not legal - spa units. 07 Building Permit applications should contain a copy of the relevant Test Certificate Report to help ensure that the spa - as proposed - is compliant before it is purchased and installed. Rather than find out afterwards and have to make expensive changes. They must also contain schematics of reticulation & filter systems showing; (a) Connection of common lines (Hot & Cold Water & Gas) as applicable; (b) Main drain location and suction point anti hair induction covers; (c) Section through skimmer box to show entrapment resistant measures; (d) Suction point locations not less than 600mm as required; (e) Design water velocities & (f) Details of pump system. Do not buy from a supplier who cannot provide a Test Certificate and Standard Design Details as noted in (a) to (f) above. 08 Only a Registered or Licensed Plumber is permitted to install the gas, water supply and waste to and from a pool & or spa. Make sure one gets a copy of the Certificate of Compliance - Plumbing from the Plumber before final payment for the installation is made and be sure to submit a copy of it to the Building Permit Provider as part of the Certificate of Final Inspection approval process. Such Certificate of Compliance Plumbing should also contain verification that no pipes were blocked accidentally during spa installation. Warning; Loophole: Where such works do not exceed $750 a Certificate of Compliance - Plumbing is not technically required by the government - however - a Plumber can still issue one and should do so to protect the Owner's interests i.e. check first and do not engage someone who is not a Registered or Licensed Plumber or is Registered but who will not certify compliance of their work regardless of the work's value. WARNING Some Pool & Spa shops have been known to work under the value radar regarding Certificate of Compliances - giving rise to unnecessary legal exposure to Owners in the event of a poor or dangerous installation. Continued Over Page .... Swimming Pool & Spa Safety Open Source Guide Sheet 15 / 20 Continued From Previous Page .... 09 Only a Licensed Electrician is permitted to run electrical power lines and install integrated Residual Current Devices (Safety Switches) to the fuse board to protect a pool & or spa pump. Make sure one gets a copy of the Certificate of Compliance - Electrical from the Electrician before final payment for installation is made and be sure to submit a copy of it to the Building Permit Provider as part of the Certificate of Final Inspection approval process i.e. to protect the Owners interests, check first and do not engage someone who is not a Licensed Electrician or who will not certify compliance of their work regardless of the work's value. WARNING Some Pool & Spa shops have been known to work under the value radar regarding Certificate of Compliances - giving rise to unnecessary legal exposure to Owners in the event of a poor or dangerous installation. 10 Sammy says 'its a good idea to give those firms who are not prepared to identify their tradespeople by means of verification documentation, nor certify their work regardless of the work's value, as compliant the big miss'. POOL & SPA SAFETY FENCING & GATES COMPLIANCE WARNING Before entering into a contract to buy swimming pool and / or spa safety fencing be sure it is compliant If not - you may end up paying a lot of money for fencing that cannot be approved for use. In Short ... 01 The government allows fencing units to be imported and sold in Australia for Non Pool & Spa Safety barrier use - and even if it looks, measures, tastes and smells like 'safety fencing' - it may not be deemed suitable for Pool & Spa Safety use in Australia. 02 The only proprietary fencing and gate units that can be used for Pool & Spa Safety use must comply with Australian Standard AS 1926.1 - Pool Fencing Construction - which includes passing several structural performance tests such as tube gauge, post & rail flexing, human impact resistance, fixing methods gate swing automatic return & latching etc. 03 Before buying any swimming pool and / or spa safety fencing including Do It Yourself (DIY) fencing and gate units, do not buy it unless the seller can supply the correct independent Test Certificate Report to go with it detailing the Test Report Number and Date, Brand Identification, Brand Specifications and installation requirements of the fence & gates to prove that they are deemed suitable by the Relevant Accreditation Authority for Pool & / or Spa Safety use. Do not take the seller's word for it - get it - and check it against the actual product before purchase and delivery. 04 If one does not obtain a Test Certificate Report to go with it one may not be able to get an approval for it's use - which may end up costing the Owner lots of money - and the hassle in having it replaced with compliant fencing. To aid in matching the correct Test Certificate Report to the relevant Pool & Spa Safety fencing, the Pool & Spa Safety Fencing & Gates should be clearly marked with compliance plates and serial numbers, or the like, to avoid mismatches and compliance verification mistakes. 05 Test Certificate Reports are issued by independent testing authorities such as but not limited to NATA (National Accredited Testing Authority). Free Call 1800 621 666 Email [email protected] WEB www.nata.asn.au/ 06 The use of fencing which is not backed by an AS 1926.3 Test Certificate Reports may cause the Owner of the swimming pool or spa to face manslaughter charges in many states in Australia in the event of an accident causing death. In addition, common law costs cannot be covered by Insurance Companies in the event of loss or damages caused or contributed to by the use of non accredited - not legal - pool and or spa barriers. Please see example Report by Deputy State Coroner Peter McMahon Report as Attached. 07 Building Permit applications should contain a copy of the relevant Test Certificate Report to help ensure that any compliant fencing & gates - as proposed - are adopted on site before they are purchased and installed. Rather than find out afterwards and have to make expensive changes. 08 Please also see the notes on the prior page about swimming pools with a spa and / or spa unit compliance. ________________ CONTINUED OVER PAGE PROSECUTIONS REPORT UPDATE JUNE 2012 __________________ Swimming Pool & Spa Safety Open Source Guide Sheet 16 / 20 PROSECUTIONS REPORT UPDATE JUNE 2012 SWIMMING POOL DROWNING GIVES RISE TO MANSLAUGHTER CHARGES A home owner in NSW has been charged with manslaughter after a two year old toddler drowned in a swimming pool earlier this year. The news reports say that the toddler was with his mother at a neighbouring property when he wandered into the back yard and through a broken perimeter fence to access the swimming pool. It is reported that the fence had been broken for over 12 months. NSW police have charged the home owner with manslaughter which is consistent with the recommendations made by NSW Coroner’s Court on eight toddler drownings released in 2010. In his report, Deputy State Coroner Peter McMahon stated that: "The ownership of a home swimming pool is a right of the Home Owner. It is a social amenity that is of great benefit to those who have use and access to it. With the right however goes the obligation to maintain the pool in a safe manner. Where this is not done and there is a loss of life, particularly of a vulnerable child, and where that loss is due to the negligence of the person responsible for the maintenance of the safety aspects of the pool then the considerations that led to the enactment of the offence of negligent driving causing death appear to be relevant. In the circumstances I propose to recommend that consideration be given as to whether or not a criminal offence ought be created to apply in such circumstances." The police are relying on the existing laws regarding manslaughter by criminal negligence. This is the first time that these laws have been used in relation to a toddler drowning in Australia. The proceedings are in the early stages and it is not yet known whether the accused will defend the charges. Sammy Says "Do you really want to be involved with firms that take short cuts and end up in ongoing litigation at your own cost spanning many years or more?? At the end of the day, the law says it is ultimately the Home Owner who carries the primary liability in the event of a slipping and / or drowning incident causing harm, injury or death" Swimming Pool & Spa Safety Open Source Guide Sheet 17 / 20 (BLANK PAGE) Basic Swimming Pool / Spa Safety Barrier Check List Next Page - Most Common Items >>>>>> Swimming Pool & Spa Safety Open Source Guide Sheet 18 / 20 Basic Swimming Pool / Spa Safety Barrier Check List - Most Common Items >>> Subject Property _________________________________________________________ _________________________________________________________ Date Result _______________________ Record No. _______________________ Compliant Non Compliant Not Applicable Non Compliant OK Compliant POOL / SPA INTERNAL SAFETY BARRIER FENCING Height of Internal Pool / Spa Fencing 1200mm Min From Approach Side Member Spacing of 100mm Max. Vertically & Horizontally Using Test Object Ground Clearance 100mm Max. i.e. Gap Under Fence < 100mm Stabilised Ground Surface No Loose Sand, Pepples, Bark Chips Etc Under Fence Strength & Rigidity Withstand Human Impact of a Child 30kg Min. Outside Protection 900mm NCZ ARC Non Climbable Zone Poles, Trees, Pot Plants Etc Inside Protection 900mm NCZ ARC Non Climbable Zone - Poles, Trees, Pot Plants Etc Vertical Shielding 900mm Outside / 900mm Inside NCZ At Boundary Fence Juncture Finger & Foot Holds No Projections/ or Inundations > 10mm on Surfaces Perforated Materials No Apertures >13mm measured Diagonally Material Durability Fit For Purpose & will Not Degrade or Deteriorate Prematurely Surface Finish No Sharp or Dangerous Edges to Cause Injury Please Take Photographs Confirming Condition of Safety Barrier System GATES & LATCHES Pool / Spa Safety Access Area Direction of Swing Must Open Outwards Away From Pool or Spa Area Self Closing & Latching From Resting Position Latch Release Height 1500mm Min. From Approach Side Hinges & Springs Not Climbable 900mm Apart & 1,100mm Bottom Hinge to Fence Top Shielding & Tampering Release 150mm From top < 10mm Gap 450mm Min. Radius Ground Clearance 100mm Max. i.e. Gap Under Gate < 100mm No 'Hold Open' Latching Device Designed to Keep the Gate Open NO DOORS Into Pool / Spa Area Including Swinging, Sliding, Bi fold, Roller Etc No Doors from Dwelling or Outbuildings Not Permitted As Part of Safety Barrier WINDOWS All Windows Sill < 1200mm Above FFL & / or Movable Furniture Restricted Permanently to 100mm Maximum Opening Permanently Fixed Alternative Ventilation Provided if Window Opening Restricted E.G. Exhaust Fans Secure Permanently Fixed Security Screen or Metal Mesh Not Ordinary Flywire BOUNDARY LINE SAFETY BARRIER FENCING Height of Boundary Fencing 1800mm Min. From Pool / Spa Side Intersection Protected 900mm Outside / 900mm Inside NCZ at Boundary Fence Juncture Strength & Rigidity Withstand Human Impact of a Child 30kg Min. ANY RETAINING WALLS / BALCONIES Outside of Range & / or Complying Continued Over Page ... Swimming Pool & Spa Safety Open Source Guide Sheet 19 / 20 Not Non OK Applicable Compliant Compliant ANY GLAZED SAFETY FENCING PANELS Laminated or Toughened Safety Glass / Perspex Only Annealed Glass is No Good Thickness Specification AS 2208 Human Impact / AS 1170 Load & AS 1288 Glazing Well Secured Laterally Withstand Human Impact of a Child 30kg / Adult 110 kg Min. Glazing Decals Permanently Fixed to Each Panel To Resist Human Impact COMPLIANCE CERTIFICATES Test Certificate Report for any Swimming Pool Skimmer Box AS 1926.3 Test Certificate Report for Integrated Swimming Pool Spa or Independent Spa AS 1926.3 Certificate of Compliance Plumbing (As Applicable Water Supply / Waste Pipes Class) Certificate of Compliance Electrical (As Applicable Pump Connection) MISCELLANEOUS ITEMS Suction Points More than One Provided Minimum 600mm Distance Apart AS 1926.3 Suction Point Convex Caps Convex & Well Fixed in Permanent Manner Pump Equipment Not Located Within NCZ 900mm Outside / 900mm Inside NCZ Pump Protected by RCD Residual Current Device Safety Switch Not Just Circuit Breaker Back Wash Connected To Sewer in Sewerage Areas / SW Point in Septic Areas See Other Matters Itemised on Extended Report Where Necessary Only RECOMMENDED ITEMS Option Not Adopted Option Adopted OK Approved Adequate Rescue Path Width Around Pool / Spa 1,200mm min. Recommended Big Red Emergency Pump Stop Button Well Signed Within Clear Reach of Pool / Spa CPR Cardio Pulmonary Resuscitation Sign Located Adjacent to Pool / Spa Please Note The Recommended Items above are yet to be 'required' by the State of Victoria, but should be adopted by the Owner as sensible measures to reduce an Owner's exposure to any manslaughter and / or civil claim that may result from any accident. AVOID ELECTRIC SHOCK Now Regulated. Have an electrician check - and fit if absent - a Residual Current Device (safety switch) - not just a fuse or circuit breaker - to all the house power & light circuits or at least to the pool or spa pump circuit to help avoid electric shock by means of a fault occurring in the pool / spa pump circuit or leaking of the seal separating the rotating pump impeller from the pump motor. Water at 240V voltages is conductive & can kill. Also have the Electrician an external waterproof BIG RED EMERGENCY STOP BUTTON place adjacent to the pool or spa so it can be quickly punched off in an electrical or suction emergency. It is no fun being electrocuted. AVOID DROWNING BY HAVING YOUR HAIR SUCKED INTO ANY UNDERWATER SUCTION POINTS Do not wear long hair in a pool or spa without using a bathing cap and avoid duck diving near suction points. Horrid deaths have occurred in recent years by this means ... AVOID HAVING A PERSON'S INSIDES SUCKED OUT BY ANY POOL OR SPA UNDERWATER SUCTION POINTS Ensure any inlet points suction point dome covers remain in place and do sit on or place your bottom anywhere near a pool or spa inlet suction point. Not nice to mention. But fact. Several horrible deaths have occurred by this means in recent years ... LOCATE CPR SIGN IN A WATERPROOF CLEAR DISPLAY ENVELOPE RIGHT NEXT TO POOL OR SPA Free and available for Ambulance Victoria members. No use fumbling around in an emergency ...A4 size version attached ... AVOID BACTERIA GROWTH IN WARM SPAS Change the water after each spa use. No point getting a serious lung, skin or belly infection ... USE COMMON SENSE All the rules in the world are no good if competent adult or parental supervision is absent ... CIVIL TORTS (Damages Claims) In the event of any injury or death occurring as a consequence of the Owner/s failing to take action as noted above, the Owner/s may become subject to arrest & / or have property impounded & / or have damages awarded against them via Civil Court Proceedings on behalf of any aggrieved third party or appointed representative. INSURANCE (Notice of Disclosure) Insurance companies cannot, by law, pay out on claims related to a breach of the law. Building insurance policies generally require the Owner/s to advise the insurance provider of a breach of an Act or Regulations that may affect the ongoing validity of any such policy i.e. such as non complying pool / spa safety barriers. _____________________________________________ END _______________________________________________ Swimming Pool & Spa Safety Open Source Guide Sheet 20 / 20
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