OT Swimming Pool Fences

Submitted: Thursday, Oct 02, 2008 at 07:33
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This is an issue that I have constantly at work. As part of my job I am required to Certify Swimming pool fences for compliance with the relevant Legislation.

As swimming pools contribute to the greatest number of deaths due to drowning, I have a zero tolerance for non compliance.

In the past week I have been abused by several pool owners for failing to certifiy their swimming pool fence. They don't realise that if I certify that the swimming pool is compliant and a drowning occurs the Coroner will be after my arse if the pool fencing was found to be non compliant.

So if you own a swimming pool, get a safety check done, in QLD the council will do it for you (not sure about other states). Don't let your pool become a potential death trap.

Rant over :)

Cheers Kev
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Reply By: Top End Explorer Tours - Thursday, Oct 02, 2008 at 07:42

Thursday, Oct 02, 2008 at 07:42
The other day on the radio some guy had a dig at the pool fence regulations created by the N.T. Gov 3 years ago, the announcer jumped on him and said since they brought in these regulations there has not been one drowning in a back yard pool.

Enough said I recon.

Cheers Steve.



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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 08:03

Thursday, Oct 02, 2008 at 08:03
Steve,

This is the stats from QLD

Approximately five toddlers drown in Queensland swimming pools every year. Almost all swimming pool drownings are preventable.

In the decade from 1992-2001, 73 children aged under five years drowned in residential swimming pools in Queensland. Of these:

21% drowned because the pool was not fenced
46% drowned because they gained access through the fence (that is, the gate was defective, or the gate was propped open)
13% drowned because they gained access through defective house doors (in three-sided fencing permitted for pools approved prior to 1991)


Cheers Kev
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Reply By: Kiwi & "Grenade" - Thursday, Oct 02, 2008 at 07:55

Thursday, Oct 02, 2008 at 07:55
have they made pools illegal to have without a fence yet up that way????

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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 08:01

Thursday, Oct 02, 2008 at 08:01
All swimming pools must be fenced.

Exemptions may be given by Councils for people with mobility disabilities etc.

Cheers Kev
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Reply By: troopyman - Thursday, Oct 02, 2008 at 09:31

Thursday, Oct 02, 2008 at 09:31
Check out how hires the google earth images are in brisbane . You dont have to go to a place to see if they have a fence . There are pools all around me and i guarantee none comply .
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 10:05

Thursday, Oct 02, 2008 at 10:05
Our mapping system uses google earth images, it isn't just fences but windows that open into the poll enclosure etc.
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Follow Up By: troopyman - Thursday, Oct 02, 2008 at 11:02

Thursday, Oct 02, 2008 at 11:02
The yard behind me has a pool and they have built a 1800mm high timber fence on there side but it is only six inches away from our 1800mm high chain wire fence that any kid could climb . The other pool on our nighbours left side had a white ant eaten timber fence with palings missing that a kid could just walk thru into the pool . When i said could you do something about it they said they had just spent 15 grand on a back deck and couldnt afford it .
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 11:06

Thursday, Oct 02, 2008 at 11:06
Under the Queensland pool fencing laws:

owners must ensure that a compliant fence is in place and maintained
owners must display a warning sign advising that a new pool is under construction
owners must ensure pools with building approval applications lodged on or after 1 October 2003 display a cardiopulmonary resuscitation (CPR) sign
councils can only grant exemptions in circumstances where an occupant of the building has a disability that will not enable them to gain access to the pool area if a complying pool fence was constructed
new pools that are constructed on a building, such as on a deck or roof, need to be fenced.
Penalties of up to $12,375 and on-the-spot fines of up to $525 can be imposed on pool owners if their pool fence does not comply with the law.

Severely damaged fences
If a substantial portion of a pool fence is in such a state of disrepair that it cannot be practicably repaired, it must be replaced with a new fence. The new fence must comply with the current pool fencing standards. If only a small part of the existing fence has fallen into a state of disrepair, it may be repaired to the same standard that applies to the existing fence.

I would contact the local council in writing to get them to investigate and persue the pool owner

Cheers Kev
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Reply By: Member - Wim (Qld) - Thursday, Oct 02, 2008 at 09:56

Thursday, Oct 02, 2008 at 09:56
Kev.

I see the need for pool fences even if I would prefer not to have any.
However I have a problem with some of the logic.
ie. We live in an estate with larger sized blocks. Most owners have pools that are fence and most also have dams that it appears do not have to be fenced. The kids play in the dams as much as in the pools.
Maybe you can clear this up for me.

JMTBW.

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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 10:02

Thursday, Oct 02, 2008 at 10:02
Wim,

I have raised this issue with the policy makers and their reasoning is that a dam is less inviting than a swimming pool.
I found that logic quite disturbing as kids are inquisitive things and dams have lots of things to attract them. My 2 kids are just getting into frogs, tadpoles etc and dams are prime breeding grounds for them.

I have also been to several rural properties that have a dam for household use and they have a fences built to a higher standard than the pool fence, due to their kids.

Cheers Kev
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Follow Up By: Member - Wim (Qld) - Thursday, Oct 02, 2008 at 10:18

Thursday, Oct 02, 2008 at 10:18
Kev.

Thanks for that, clad to see I'm not the only one.
The kids in our area have tinnies and canoes they use on the dams.
Some even have little sail boats on the dams.

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Follow Up By: kev.h - Thursday, Oct 02, 2008 at 17:20

Thursday, Oct 02, 2008 at 17:20
Hi Kev
The biggest problem with fencing the dam is the cows cant open the gate I think thats more the issue with dams being exempt than being less inviting to swim in?
Kev
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Reply By: Member - Andrew (QLD) - Thursday, Oct 02, 2008 at 10:28

Thursday, Oct 02, 2008 at 10:28
I agree completely Kev.

Though, until a Building and Pest Inspection fully covers the pool fence compliance, people with still have non-conforming fences.....probably due to a lack of understanding of the complicated legislation.

Have a look at homes (older than a couple of years) sold on the larger online realestate sites with pools (especially in our neck of the woods) and many would not pass current requirements.

I've just finished spending another $2000 on my fencing to bring it up to current standards......this being theorectical requirements essentially, however there are many who do not spend anything on maintenance once built.

Andrew
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 10:40

Thursday, Oct 02, 2008 at 10:40
Andrew,

I am currently compiling a list of pools that have been approved in the Gladstone Regional Council area.
I do Building Compliance searches for buyers of properties to check for illegal/non compliant buildings and pools. This is where I pick up most pools that have non compliant fences etc.

I am trying to get a resolution passed through Council so that I can inspect anyones pool in the area without notice. Once that is passed I will become a very busy person I think.

Cheers Kev

PS Tiny wants to know if you want the Acco LOL
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Follow Up By: Member - Andrew (QLD) - Thursday, Oct 02, 2008 at 11:09

Thursday, Oct 02, 2008 at 11:09
You obviously need the extra workload today :-) Good luck.

Andrew

ps How will you carry your egos around then? LOL
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 11:14

Thursday, Oct 02, 2008 at 11:14
I have 2 cadets to carry my Alter Egos LOL

Due to the drop in Building applications I need something to do :-)
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Follow Up By: The Geriatric Gypsies - Thursday, Oct 02, 2008 at 15:04

Thursday, Oct 02, 2008 at 15:04
about bloody time you got busy doing something although i suppose doing nothing is doing something










lmao


steve
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Follow Up By: Geoff M (QLD) - Thursday, Oct 02, 2008 at 15:15

Thursday, Oct 02, 2008 at 15:15
Kev, I agree with you completely about the need to comply with the relevant legislation regarding pool fencing.

Now with that said your statement of "I do Building Compliance searches for buyers of properties to check for illegal/non compliant buildings and pools." leads me to believe that you're a private contractor. Please correct me if I'm wrong.

If I'm correct then your other statement of "I am trying to get a resolution passed through Council so that I can inspect anyone's pool in the area without notice" is just a load of BS. I believe we have enough of "Big Brother" as it is, without a private individual being given authority to come on to my private property without notice.

They do that in China, N.Korea and Russia ...I/we don't need that here.

If I'm missing something or am taking your comments the wrong way, then my apologies in advance.

Geoff
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Follow Up By: Member - Matt M (ACT) - Thursday, Oct 02, 2008 at 15:29

Thursday, Oct 02, 2008 at 15:29
Kev,

I have two small children, so you will get no argument from me about the need for reasonable and reasonably enforceable legislation with respect to pool fencing.

I was living in Darwin when the issue of mandatory pool fencing first came up. I couldn't believe some of the public discussion that went on. Most of the opponents touted arguments along the lines of, 'we have no kids, so you should stop yours wandering onto my property. If they drown, it is your fault for not supervising them'. Maybe some clinical merit to that, but the consequences are a little too devastating for such an attitude. We had a new pool fence installed and inspected when we bought our house in Darwin and would not have considered any other option.

BUT, if you are pushing for no notice on the spot inspections, then I tend to agree with Geoff M. What next? Would you welcome someone turning up at your property demanding to do a no-notice inspection of your electrical wiring? What about your car? "Just noticed the vehicle parked in your driveway mate, we are about to do an inspection on it. Gee, that gas BBQ looks a bit suspect, we are going to have to check the compliance date on your gas bottle while we are at it."

Reasonable legislation to me would perhaps include a mandatory registration of pools and periodic (planned) inspection, not someone wandering off the street on Sunday morning and slapping a notice on my pool.

Keep up the good work anyhow.

Cheers,

Matt.
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 16:22

Thursday, Oct 02, 2008 at 16:22
Geoff,

I am employed by Council as a Building Surveyor.

In that role I do undertake Compliance searches as opposed to a Standard Building Inspection.

Standard Building Inspections include such things as pest, internal conditions, rising damp etc.

Compliance Searches involve checking all structures are Approved Structures and if they are compliant with the Building standards for when they were built.

A Local Government Authority can not undertake random safety compliance checks on swimming pools unless the Council has passed a resolution indicating that an Approved Inspection Program will be undertaken for a pre determined period. Without this we are not able to enter private property without owners consent.

Hope that clears it up for you.


Steve,

4 weeks to go and I'm heading south for the Pyrenees Gathering LOL


Cheers Kev
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 16:27

Thursday, Oct 02, 2008 at 16:27
Matt,

The point of an Approved Inspection Program is to notify all pool owners that during that period a compliance check on the compliance of your pool could be undertaken.

If a pool is found to be non compliant, a notice will be given to allow the owner to fix the issue. If the issue is not fixed within the period of time determined on the notice then an On the Spot Fine can be given and the Council will undertake the work to make the Fence compliant. The cost of the work will then be recovered under a similar method as overdue rates etc.

Cheers Kev
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Reply By: gottabjoaken - Thursday, Oct 02, 2008 at 11:32

Thursday, Oct 02, 2008 at 11:32
afaik,
in South Australia the rules have just changed to require the vendor to erect a compliant pool fence (when there isn't one) before the property is sold, rather than rely on the purchaser to do it later.

Good move to sort out fences when a property changes hands, but of course does not solve the problem of existing pools with inadequate fencing.

I thoroughly agree with the requirement after a personal experience of an accident (luckily without a serious outcome).


Ken
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Reply By: Ray - Thursday, Oct 02, 2008 at 11:40

Thursday, Oct 02, 2008 at 11:40
Put a few fish in your pool and call it a pond. I don't think ponds require fences either. How many ponds on coucil property do you see without fences?
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 12:56

Thursday, Oct 02, 2008 at 12:56
I think you will find that a pond that is more than 300mm deep located on private property requires some form of protection.
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Reply By: _gmd_pps - Thursday, Oct 02, 2008 at 12:10

Thursday, Oct 02, 2008 at 12:10
The greatest nonsense of all times.
50% of all drownings in WA last year were inside the fence.
Stupid people need stupid regulations ..
have fun
gmd
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 12:54

Thursday, Oct 02, 2008 at 12:54
If it was a compliant fence then you can only say that it was inadequate supervision.
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 14:21

Thursday, Oct 02, 2008 at 14:21
I have just re-read your reply, how did the other 50% drown if they were outside the fence??
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Follow Up By: Member - Ian W (NSW) - Thursday, Oct 02, 2008 at 21:02

Thursday, Oct 02, 2008 at 21:02
Don't worry about it Kev,

Stupid people post stupid replies.

Ian.
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Reply By: stevesub - Thursday, Oct 02, 2008 at 13:17

Thursday, Oct 02, 2008 at 13:17
On our estate, all pools have to be fenced as per the law but no canal frontages need to be fenced. There are canal houses with a nice fence around the pool and a slope down to an unfenced canal - perfect launching ramp for a youngie on a bike to launch themselves into the canal

If you go in the canal, it is a long swim to get out on some ones pontoon if you do not have one as a neighbour found out when he fell in.

Crazy, pools need to be fenced, canals do not. Which is more dangerous, a canal is, especially with bitie Bull Sharks in them and not many places to get out - yet no fences.

At Springfield Lakes in QLD, the jetty on the lake has a fence a few meters each side of it on the lake edge with a gate, the rest of the lake is un-fenced. What a heap of BS when the jetty on the lake has to be fenced but no where else has to be fenced on the lake. As it is a man made lake, it is just like a canal, no beaches, just a wall at the edge of the lake ready for anyone to fall in.

Stevesub
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 14:32

Thursday, Oct 02, 2008 at 14:32
Steve,

Read my reply to Wim
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Reply By: Member - Duncan W (WA) - Thursday, Oct 02, 2008 at 14:58

Thursday, Oct 02, 2008 at 14:58
Kev, I'm a Building Surveyor so I have to administer the swimming pool regs and AS 1926 as well. Here in WA it is manditory that all swimming pools be inspected for compliance every 4 years. Currently I have contractors inspecting the 5,500 pools within my area of jurisdiction.

Fortunately we have very few recalcitrants. $5,000 fines with $250 daily penelties scares most into compliance.

BTW I've had to do 5 coronial enquiries in my time. Don't fancy having to do more.
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 15:02

Thursday, Oct 02, 2008 at 15:02
Dunc,

Our penalties are

Up to $12,375 and on-the-spot fines of up to $525. I have not yet given a fine as most fix the non compliance within the required period.

Cheers Kev
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Reply By: Member - DAZA (QLD) - Thursday, Oct 02, 2008 at 17:36

Thursday, Oct 02, 2008 at 17:36
Hi Kev

We live on the Gold Coast, and they are strict on compliance here
as well, our last property we had before we sold it, had my work shed
1.5 metres away from the 1.8 meter high boundary fence, and
being a Plumber I had Pipe Racks and Ladder Racks attached to the
shed, near the fence, the neighbour decides to build a Pool, and he
had some company who gave him Private Certification, a little while
after the Pool was installed, a Council Inspector came out to his property about another matter, looked over the fence and saw my
Ladders ect, and I got a notice to remove them, because a Child
could gain access to his pool enclosure by climbing on my Ladder Rack
and getting over the fence, we had to comply with the notice or get
fined.

Cheers
Daza
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Follow Up By: Member - Lionel A (WA) - Thursday, Oct 02, 2008 at 20:14

Thursday, Oct 02, 2008 at 20:14
LOL......gotta make you wonder sometimes.

Cheers......Lionel.
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Follow Up By: Member - Brian H (QLD) - Thursday, Oct 02, 2008 at 22:51

Thursday, Oct 02, 2008 at 22:51
Well to be honest be bleep e$ off if that happened to me and if it was a COST I'd be sending to the neighbour of course if was I had no where else to relocate my gear then the neighbour would be looking at a fence to comply that would prevent a person scaling possibly from my place to the pool area.

Have to say I comply apart from the resus sign mind you to get to my pool is a task on its own. A resus sign is coming very soon.

Pool fencing is a joke to be honest with private people being subjected to, in many cases huge expense while councils and many bigger parties seem to be exempt. Another money venture.

Kinda what's good for one is not good for the other. The general public is an easy target and means for some ego power nut to inflict his or her own point of view to the person in question.

Don't get me wrong I'm all for the safety of kids and measures need to be looked at but needs to be fair a reasonable without some bloody demanding access to inspect your property.

I've had my dealings with council inspectors many years ago and what a joke it was, I just hope the pool inspectors are MUCH MUCH better.

Brian






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Reply By: Trevor R (QLD) - Thursday, Oct 02, 2008 at 19:57

Thursday, Oct 02, 2008 at 19:57
Rant on Kev,

Can you tell me how the bloomin hell council get away with putting these massive big water structures (like the duck ponds in Gladstone) in towns with no fence to stop young ones ending up face down. As you said if it were a privately owned place were a similar incident occurred, the law would come down heavy on that individual, so why the hell can council get away with it?

Cheers Trevor.
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Follow Up By: Sir Kev & Darkie - Thursday, Oct 02, 2008 at 20:07

Thursday, Oct 02, 2008 at 20:07
The bean counters don't see them as an issue. I don't agree with it either, like I said previously kids being kids are attracted to water whether it is a pool, pond, dam or river.

Cheers Kev
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