Navigating the Unexpected Guidelines for Cooling Off in Australia's Autumn Heat

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Inflatable and portable pools are a common feature of Australian backyards, especially on hot days.

This weekend, parts of NSW, Victoria and South Australia could feel temperatures up to 12C above the March average.

Melbourne and Adelaide can expect temperatures in the high 30s on Saturday, while Sydney can expect a maximum of 37C on Sunday.

Inland areas will be hotter still, with Mildura in Victoria’s northwest to reach 41C and South Australia’s Renark to climb to 42C by Saturday afternoon.

For those not blessed with access to an in-ground pool to cool off in, inflatables offer welcome relief from the heat and humidity.

But depending on how you use them, you could be breaking the law — at least in some parts of Australia.

Here’s what you need to know before pulling the pump and hose out and having a splash.

Inflatable pool laws around Australia

Inflatable or portable pools are subject to safety regulations. These laws vary according to jurisdiction and local councils, but generally any portable or inflatable pool that can be filled to a depth of 30cm requires a barrier.

What is considered a complaint safety barrier?

The requirements for a compliant safety barrier vary by jurisdiction, but generally needs to comply with Australian building standards.

A pool cover is not considered an adequate barrier.

Can you be fined if you don’t comply?

The penalties for non-compliance vary by councils, but can be thousands of dollars for individuals, and more than $100,000 for organisations or body corporates.

Royal Life Saving Australia CEO Justin Scarr said: “It’d great if there was a harmonisation of rules and regulations related to all swimming pools across the country, but it somewhat is the nature of the beast in a sense.”

“Local government plays a really important role and have a much more direct link with households in terms of promoting safety messages and requirements. And some of them do a really proactive job in inspecting pools.

“If a neighbour, for example, was concerned about a large portable pool in a front yard of someone’s residence, it’s a local government that would ordinarily knock on that door and ask for some sort of rectification.”

How to stay safe around pools

Children can drown in as little as 5cm of water.

Regardless of the size of your pool or the regulations around them, Scarr advised never letting children near one without supervision.

“The peak drowning age — the point at which children are most vulnerable to drowning — tends to be once they start crawling or walking, and so even those very small paddle pools present a significant hazard,” he said.

“I’d encourage parents to use them, but empty them on a regular basis, turn them over, make sure a crawling child can’t access them at any point after use.

“If families are considering purchasing an above ground pool, temporary or otherwise, then they really should consider the costs of fencing, especially if it’s a long-term pool pool in their backyard. And I’d encourage them to use the local pool. I mean, the local pool is a great resource, and it might actually be a safer and more fun environment for children to develop their swimming skills.”

What are the pool safety laws across Australia?

In NSW, under the Swimming Pools Act a pool is defined as an excavation, structure or vessel that is capable of being filled with water to a depth greater than 300 millimetres.

“Owners of properties with swimming pools must at all times ensure that pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property,” a spokesperson fro NSW Fair Trading said.

“They should also keep the doors and gates closed which provide access to the swimming pool and ensure fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian Standards.”

Enforcing the Swimming Pools Act is the responsibility of local councils, which are required to develop and implement a pool barrier inspection program, inspect pools and issue statements of compliance or non-compliance, investigate complaints and complete annual reports.

Victoria pool safety laws

All landowners in Victoria are required by law to register their pool with their local council.

If the inflatable pool doesn’t have multiple components, such as a frame or filter, and doesn’t require any assembly apart from inflation, it doesn’t need a permit.

The Victorian Building Authority is responsible for registering pool inspectors and educating them on regulations, while individual councils are responsible for enforcing regulations in their jurisdictions.

Landowners are required to register their pool or spa with their local council and ensure it has a compliant safety barrier.

“Pool owners have a legal responsibility to ensure their pool or spa is registered with their local council and has a compliant safety barrier,” Jo Van Loon, Deputy State Building Surveyor from VBA said.

“Pool and spa barriers, which may include boundary fences, must be maintained by the pool owner at all times in between inspections to ensure they are safe.”

Queensland pool safety laws

In Queensland, a swimming pool is defined under the Building Act 1975 as an excavation or structure capable of being filled with water to a depth of 300mm or more, capable of being used for activities such as swimming or wading, and designed or adapted to be used for aquatic activity.

These pools require a complying pool barrier, and all owners have a legal obligation to ensure their pool complies with safety laws.

If the inflatable or portable pool meets the definition of a swimming pool, it needs a building development approval from the local government or private building certifier, and will the be registered with the Queensland Building and Construction Commission (QBCC).

A young girl playing in an inflatable pool

Each jurisdiction has different laws and restrictions for inflatable pools. Source: Getty / Milan_Jovic

The QBCC can issue on-the-spot fines of more than $2,000 for individuals and over $6,000 for corporations for failure to obtain a pool safety certificate in the event of sale or lease.

Courts can impose penalties of more than $20,000 for individuals and over $100,000 for corporations for noncompliance with the pool safety laws.

In WA, all pools with a water capacity of 300mm or more are required to have a safety barrier, including temporary and portable pools.

The requirements for safety barriers include the fence being securely fixed in place, height requirements, and a stable surface directly beneath the fence.

Safety barriers for an inflatable or portable pool with more than 30cm of water must be constructed in accordance with the Building Regulations.

Under WA laws, the local government will inspect private pool safety barriers. Failure to provide a compliant safety barrier can lead to fines of up to $5,000.

Local councils in South Australia are responsible for enforcing swimming pool safety requirements.

All pools in SA must have suitable safety barriers constructed in accordance with Australian Standards.

Anyone who breaches or fails to comply with the swimming pool safety requirements is guilty of an offence with a maximum penalty of $15,000

Tasmania pool safety laws

Tasmania has had requirements for pool safety barriers for new swimming pools and spa pools since 1994. These requirements apply to any structure containing (or capable of containing) water that is more than 300mm deep and is intended to be used for swimming or bathing.

Under Tasmania’s requirements, these pools and spas must have fences and gates installed. If owners do not comply, they can face a fine of up to $20,000. Body corporates can face fines of up to $101,000.

Councils are responsible for ensuring compliance with the Building Act.

Swimming pools in the ACT are required to have a safety barrier that meets prescribed safety standards, which vary depending on the type of pool.

If your inflatable pool can be deflated and does not have a filtration system, it is not subject to the rules. However, if any part of the pool requires assembly (for example, it has a frame or comes with a filtration system) it is classified as a demountable and is required to follow fencing rules.

There is an exemption for pools that are up for a period of no longer than three consecutive days.

In the Northern Territory, a swimming pool is an excavation, structure or vessel (including an outdoor spa) that can be filled with water to a depth of 30cm or more and is used for swimming or other water-based activities.

This includes pools and spas that are in ground, above ground, inflatable and portable.

Swimming pools are required to have a safety barrier such as a fence, wall, or similar structure that forms a barrier around the pool. They can include a gate or door, but cannot include a hedge or vegetation.

With the Australian Associated Press.