Pool & Spa Barrier Compliance

Pool and spa barriers must be regularly inspected and certified. This process must be completed every 4 years to ensure your barrier is maintained and compliant with the relevant Australian Standards. 

Finding an inspector

Council has registered building inspectors who can be appointed to complete these inspections. The cost for an inspection is $340 which includes the lodgement fee of your barrier compliance certificate. Council’s inspector will lodge this on your behalf.

Complete a Pool Inspection Appointment Form and submit to mail@wyndham.vic.gov.au 

You also have the option to appoint your own building inspector. Any building surveyor or building inspector who is registered with the Victorian Building Authority is able to inspect and certify your safety barriers.

A list is available by searching: VBA's Find a practitioner directory 

Once your inspection has been completed, if compliance your inspector will supply you with a Certificate of Pool and Spa barrier compliance. You must then lodge this with Council and pay the lodgement fee of $22.55.

What happens if my barriers don’t comply?

• If the defects are minor, the inspector may give you an opportunity to fix the defects by a set date. You will work with your inspector on what is required and be given a date for the follow-up inspection.
  If the barrier is still not compliant at the next inspection, the inspector must issue a Certificate of Pool and Spa Barrier Non-compliance and provide this directly to Council.
• If the barrier cannot be made to comply within the maximum time period
• If the nature of the non-compliance includes certain prescribed matters
• If the nature of the non-compliance poses a significant and immediate risk to life or safety

The inspector will issue a Certificate of Pool and Spa Barrier Non-compliance and provide it to Council.

Once Council receives a Certificate of Pool and Spa Barrier Non-compliance, they will issue a non-compliance fee of $424.60 and use their existing powers under the Building Act to address the non-compliance.

You can submit your certificate via the online Submission of Certificate of Pool and Spa Barrier Compliance and we will send you a link to make a secure payment online. 

Alternatively email your certificate to mail@wyndham.vic.gov.au with a completed credit card payment form for the associated lodgement fee of $22.55. 

What constitutes decommissioning?

To decommission your pool or spa, you need to remove aspects that make the structure a swimming pool or spa, such as:

• complete removal of the pool or spa
• remove its ability to contain more than 300mm of water
• remove its access, such as access ladders
• remove any filtration system
• fill the excavation area with clean soil endemic to the site and compacted in layers. 

The main consideration is ensuring it is unable to hold water.

Above ground pools and spas

• Inflatable:
  • deflate
  • remove
• Solid-sided:
  • Remove liner, ladder and any filtration system
  • Drill 4-6 x 50mm diameter holes in the base of the spa

Above ground pools and spas installed below ground

• Retaining walls and steel frame still in place:
  • Remove liner, ladder, and any filtration system. Ideally completely dismantle and remove.
  • Fill the excavation with clean soil endemic to the site and compacted in a maximum 30cm layers.
• Bury the retaining walls:
  • Remove all of the above-ground pool structure and filtration system.
  • Break down the retaining walls to a minimum of 60cm below natural ground level.
  • Remove the demolished material to an approved disposal site.
  • The excavation filled with soil endemic to the site and compacted in a maximum 30cm layers.
• Total removal
  • As with bury above, but the total demolition of the pool structure including the walls and any footings.
  • Filling the excavation with clean fill endemic to the site and compacted in a maximum 30cm layers.

Below ground concrete or fibreglass pools and spas

• Bury the pool:
• Cut at least two 50cm x 50cm squares in the base of the pool (deep end) and remove all the fibreglass or concrete from the pool.
• Disconnect and remove the filtration system and any access ladders.
• Remove the demolished material to an approved disposal site.
• Fill the excavation with soil endemic to the site and compacted in layers.

Complete removal of the pool:

• Excavate and lift out fibreglass pool shell whenever possible.
• Demolish and remove the pool shell material from the excavation to an approved disposal site.
• Fill the excavation with soil endemic to the site and compacted in layers.

Notes

• Pools located less than the depth away from any building or boundary fence may require a building permit prior to removal and consideration should be given to the protection of adjoining property owner prior to the removal of below ground pool.
• When a below ground pool is buried rather than being removed, this may cause potential issues for future development on the property.

To notify Council you have removed or decommissioned your pool or spa,complete the Online Notification Form.

Pool and spa barrier compliance is essential to ensuring your pool or spa is safe for you and the people you care about.

It only takes 20 seconds for a child to drown, and drowning is one of the leading causes of death in children under five.

Ensuring your barriers comply with Australian Standards will help prevent tragedy in your home by preventing unsupervised access to your pool or spa areas. 

Please visit Victorian Building Authority Website or Kid Safe to learn more.

Which pools and or spas need to be certified?

Under Victorian law, swimming pools and spas that can hold more than 30cm of water must be registered and certified with a valid CPSBC. This includes permanent pools, above-ground pools, indoor pools, hot tubs, bathing or wading pools and some relocatable pools.

Relocatable pools that do not consist of multiple components and do not require assembly do not need to be registered or certified. For example, a small inflatable pool that requires no assembly other than inflation and is not capable of holding 30cm or more of water does not need to be registered or certified.

I just finished building our pool or spa. What do I need to do?

The registered building surveyor appointed to issue your building permit will give you the CPSBC along with your Certificate of Final Inspection.

When you receive your CPSBC, you must register your pool and/or spa with Council by completing an application form and paying the fee. You must include a copy of your CPSBC and email all documents to Wyndham City Council at mail@wyndham.vic.gov.au. Fees will be charged as per the application form.

I have a pool and or spa, and I need to arrange an inspection to get certified.

There are two ways you can do this:

Arrange your inspection and certification through Wyndham City by following these steps:

Complete a Pool Inspection Appointment form, along with payment of the $340 fee and email it to mail@wyndham.vic.gov.au.

1. Officer will contact you within five working to organise an inspection.
2. After the inspection, if your barrier is found to be compliant, the Officer will lodge your CPSBC directly with Council. If your barrier is not compliant, the Officer will discuss next steps with you. You will receive a letter from Council to confirm your CPSBC was lodged.

OR

Alternatively, you may seek a CPSBC using a private inspector:

If you choose to have an inspection by a private inspector, they must be a registered building practitioner with the Victorian Building Authority (VBA).

You can search for a practitioner on the Victorian Building Authority website: www.vba.vic.gov.au/tools/find-practitioner

You must arrange the appointment and send a copy of your CPSBC to Wyndham City Council via mail@wyndham.vic.gov.au.

You must lodge your CPSBC within 30 days of the certificate being issued and pay the lodgement fee of $22.55.

Before arranging your inspection, you may wish to download a self-assessment checklist from the Victorian Building Authority to help identify non-compliant aspects of your pool or spa barrier.

How do I find a private provider?

A registered building practitioner must carry out your inspection. You can search for a practitioner on the Victorian Building Authority website: www.vba.vic.gov.au/tools/find-practitioner

I’ve had an inspection with a private inspector and need to lodge a CPSBC.

The private inspector will provide you with a Certificate of Pool and Spa Barrier Compliance (CPSBC). You must lodge this with Wyndham City Council within 30 days of the certificate being issued and pay the lodgement fee of $22.55.

To lodge your CPSBC, please email a copy to mail@wyndham.vic.gov.au, and an invoice for lodgement fee payment will be sent to you.

Once payment has been received, you will be sent a letter confirming the successful lodgement of your CPSBC and the letter will include the date your CPSBC renewal is due.

I’m not sure what stage I’m at.

If you have received a letter from us and are unsure what action to take, or if you no longer have a swimming pool or spa, please get in touch with the

Council’s Building Services Department on 9742 0716, or email mail@wyndham.vic.gov.au.

I’m a new owner of my property. Did the previous owner already do this?

Council will send a letter to new property owners outlining your responsibilities and any actions you must take.

However, if you are unsure or would like further clarification, please reach out to Council’s Building Services Department on 9742 0716, or email mail@wyndham.vic.gov.au

What are the consequences of not having a valid CPSBC?

Failure to obtain a valid CPSBC can result in substantial fines and possible prosecution. In addition, if your barrier is non-compliant, it could pose a serious safety risk.

Can I carry out the inspection myself?

No, the inspection and issue of a CPSBC must be carried out by a registered building surveyor or an inspector authorised to do so.

Before arranging your inspection, you may wish to download a self-assessment checklist from the Victorian Building Authority to help identify non-compliant aspects of your pool or spa barrier.

How often do I need to obtain a CPSBC?

A CPSBC is valid for four years from the date of issue. You will need to obtain a new CPSBC before the current one expires. The letter you receive from Wyndham City Council confirming that your CPSBC has been successfully lodged includes the due date of your renewal.