Pool & Spa Fence Inspections on the Mornington Peninsula, South-Eastern Suburbs, Melbourne Metro & Bayside Suburbs

All pools must be registered with the local council by November 1, 2020

After registering your pool or spa, the relevant council is required to send you written notification confirming:

• that your pool or spa has been registered
• the date of construction of your pool or spa and the applicable barrier standard
• the date by which the first or next certificate of barrier compliance must be lodged with the relevant council.

If you do not register your pool or spa within the required period you may face an on-the-spot fine of approximately $330 or a penalty of up to $1,652.20.

If the council becomes aware of the pool or spa on your property, they will send you a written notice requiring you to register the pool or spa. You will also be required to pay the registration fee and information search fee (if applicable).

A certificate of barrier non-compliance can be issued by a pool and spa inspector if they determine that the barrier is not compliant.

An inspector must immediately issue a certificate of barrier non-compliance if:

1. the barrier is not capable of being made compliant or the owner is unlikely to bring the barrier into compliance with the applicable barrier standard within 60 days
2. the non-compliance of the barrier poses a significant and immediate risk to life or safety
3. the barrier is non-compliant in any of the following ways:

• • a door or gate, when closed, is able to be opened by a person who is unable to reach the opening mechanism for that door or gate
  • a door or gate forming part of the barrier is unable to be completely closed
  • any part of the barrier is less than 1 metre in height, measured above ground level from the approach side.

A certificate of barrier compliance is only valid for 30 days after it is issued. It must be lodged with the relevant council within this period.

If the certificate is not lodged within the 30 days, a new inspection must be carried out and a new certificate issued and lodged with the relevant council.

It is an offence to not lodge a certificate of barrier compliance.

If you don't lodge a certificate of pool and spa barrier compliance by the due date, you may face an on-the-spot fine of approximately $330 and a penalty of up to $1,652.20.

No. The owner is responsible for registering the pool or spa with council and arranging for the inspection and certification of the barriers.

However, as an occupier you may inspect the council's register for information relating to the pool or spa on the property you are renting, including whether the pool or spa is registered, and whether the barrier has a current compliance certificate.