Blow-up over ‘confusing’ safety rules for inflatable pools

Victorians who casually blow up an inflatable pool in their backyard this summer may not realise they are breaking the law by not putting a fence around it.

Many pools sold at major retailers, including blow-up pools that cost as little as $25, require a safety barrier under Victorian laws.

Regulations for inflatable pools are confusing for many people.Credit: Getty Images

The state government introduced pool and spa safety legislation in 2019 to ensure proper fencing around inground and above ground pools and spas.

The Victorian Building Authority (VBA) has confirmed the legislation extends to relocatable, temporary and inflatable pools.

Inflatable or relocatable pools that can contain 30 centimetres of water or more need to have an adequate safety barrier, according to the regulations outlined on the Victorian Building Authority website.

However, small wading pools that hold less than 30 centimetres of water, don’t require a barrier, the authority says.

“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,” according to Deputy State Building Surveyor Jo van Loon.

The VBA is responsible for registering pool inspectors and educating them on the regulations, while individual councils are responsible for enforcing regulations.

Swimming pools, spas and safety barriers must comply with requirements including being constructed by a registered builder, or owner-builder, having self-latching and self-closing pool gates, and being at least 1.2 metres high.

Pools – including inflatable pools – also need to be registered if they are in place for more than three days, and all safety barriers have to be inspected to check if they comply.

If they don’t comply and are found to have breached the standards, people with unregistered pools risk being fined as much as $1800 depending on what council area they live in.

In other instances, people have been warned by council officers over inflatable pools in their backyards after being dobbed in by neighbours.

KidsSafe Victoria chief executive Sarah Sexton said inflatable pools were a great way to keep cool in summer, but there were significant risks around any bodies of water.

“Children are naturally curious, they are attracted to water, and young children are also a bit top-heavy, so they tend to topple over pretty easily, and it only takes 20 seconds and a couple of centimetres of water for a toddler to drown,” she said.

“It’s critical that parents and guardians have preventative measures in place to keep their kids safe around water.”

They also needed to keep an eye on items such as pet water bowls, buckets and eskies, which also posed risks to kids, she said.

Opposition consumer affairs spokesman Tim McCurdy said water safety was critical to ensuring people enjoyed their summer, particularly children.

“Victorians cannot keep up with all the rules, which leads to more people not following them as they simply cannot understand them,” he said.

McCurdy said there was a lack of consistency around the country when it came to pool fencing regulations.

“The Victorian government needs to end the confusion that exists when it comes to pool fences and barriers,” he said.

He said the state government should lead a campaign for a consistent, Australia-wide set of rules.

“For something as important as our children and safety around water, we desperately need clear rules around inflatable and portable pools – rules that will ensure we all can have fun without the headache of understanding compliance,” he said.

The Municipal Association of Victoria, which represents local governments, said councils wanted to help people understand the rules and comply.

When they didn’t, councils would prefer to educate rather than to dish out penalties.

“While adult supervision is the number one factor in pool safety, the role of the regulatory system is ensuring that a lapse in supervision doesn’t lead to tragedy,” association president Jennifer Anderson said.

“Pool safety is critically important to Victorian communities and local councils.”

She said coronial reports showed time and again that faulty pool fences played a part in children drowning.

But the association does not have data on the enforcement of breaches of the legislation.

Wodonga Council is one organisation that has urged people to be aware of the safety regulations around inflatable pools.

On social media it told residents to remember that pools must have the right safety barriers.

“The council relies on several methods to ensure compliance, including proactive safety checks, registration data, and reports from the community,” it said in a statement.

“Residents are encouraged to register their pools and spas, including inflatable pools that meet the criteria, to ensure they meet safety standards.”

The Victorian government stood by its pool safety regulations when approached for comment from this masthead.

“After a number of fatal and avoidable drownings involving children we undertook extensive consultation to make pools and spas safer - introducing a registration and inspection scheme to ensure barriers are compliant and up-to-date.“

“Pool owners should do the right thing by registering their pool or spa with their local council and maintaining a compliant safety barrier.“

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