What Happens if You Fail a Pool Fence Inspection? Understanding the Consequences

In Victoria, owning a pool comes with great responsibility, particularly when it comes to safety. To protect children from accidental drownings, strict laws govern pool fences. Pool fence inspections, like those offered by Balwyn Pool Fence Inspections, ensure that your pool barrier is compliant with these regulations. But what happens if your pool fence doesn’t pass inspection? Let’s explore the consequences and what you can do to fix the issues.

Victoria’s Pool Fence Laws: An Overview

Under Victoria’s Building Regulations 2018, all pools and spas capable of holding more than 300mm of water must be surrounded by a compliant safety barrier. These regulations include:

• Fence Height: The pool fence must be at least 1.2 metres high to prevent children from climbing over.
• Gaps and Openings: Gaps in the fence must not exceed 100mm, and the design should prevent footholds that could help someone climb it​
• Gate Mechanism: Pool gates must be self-closing and self-latching and should open outwards, away from the pool

Regular inspections are required to ensure compliance. Every four years, pool owners must have their pool fences inspected to meet safety standards. This is especially important if the fence has been repaired or modified.

Common Reasons for Failing a Pool Fence Inspection

It’s not uncommon for pool fences to fail inspection, often due to issues homeowners may overlook. At Balwyn Pool Fence Inspections, we commonly encounter several key problems, including:

• Gate Mechanism Failure: Gates that don’t properly self-close or latch are one of the most common reasons for non-compliance. Over time, the mechanisms may wear out, preventing the gate from closing correctly​.
• Incorrect Fence Height or Gaps: Fences below the required height of 1.2 metres or with gaps larger than 100mm may not pass inspection. These gaps can allow children to squeeze through​
• Climbable Objects: Objects like trees, furniture, or pots placed near the fence create climbing risks. The law requires a 900mm non-climbable zone around the fence to prevent children from climbing over
• Wear and Tear: Over time, fences may deteriorate due to weather exposure, leading to rust or warping, which compromises their strength and compliance.

The Consequences of Failing a Pool Fence Inspection

Failing a pool fence inspection can lead to several serious consequences.

1. Non-compliance Certificate: If your pool fence fails inspection, you’ll receive a certificate of non-compliance, outlining the issues that need to be addressed. You must fix these problems within a specified timeframe to avoid further action​(
   
2. Fines and Penalties: If the required repairs aren’t completed within 60 days, fines can be substantial. Individual homeowners may face penalties of up to $20,000, while companies could be fined as much as $100,000. This reflects the seriousness of pool safety laws in Victoria​
   
3. Council Action: If the fence remains non-compliant after the allowed time, the local council may take legal action. In extreme cases, they could even order your pool to be drained until the safety issues are resolved​.The council’s primary goal is to ensure public safety, particularly for young children.

4. Impact on Property Sales and Insurance: A non-compliant pool can significantly affect your property’s value if you plan to sell. You are legally required to notify potential buyers of any compliance issues, and they are typically given 90 days to rectify the problem after the sale. Additionally, insurance companies may refuse coverage or increase premiums for homes with non-compliant pools​
   

Steps to Take After Failing an Inspection

If your pool fence fails inspection, don’t panic. There are clear steps you can take to resolve the situation.

1. Address the Issues: Review the non-compliance certificate and work on fixing the flagged issues. This may involve adjusting the fence height, fixing gaps, or ensuring the gate functions properly. For major repairs, you may need to hire a professional to ensure the work is done correctly​.
2. Schedule a Reinspection: Once the necessary repairs are made, you must schedule a reinspection with a certified pool safety inspector. At Balwyn Pool Fence Inspections, we can assist you with this process to ensure your pool is now compliant​.
3. Obtain a Compliance Certificate: After passing the reinspection, you’ll receive a Certificate of Pool Barrier Compliance. This certificate confirms that your pool fence meets the necessary safety standards and must be lodged with your local council​

Failing a pool fence inspection in Victoria can lead to serious consequences, from steep fines to legal action. However, by addressing the issues promptly, you can ensure your pool remains a safe and compliant space. At Balwyn Pool Fence Inspections, we’re here to help you navigate the compliance process and ensure your pool fence meets all legal requirements. If you’ve received a non-compliance certificate or need a pool fence inspection, don’t hesitate to reach out. Together, we can keep your pool safe for everyone.

Need help with your pool fence inspection? Contact Balwyn Pool Fence Inspections today to schedule your inspection and ensure compliance with Victoria’s safety laws.