Swimming pool fences: Vigilance is required

A matter before the Victorian Coroner highlights the need for homeowners to be diligent in maintaining swimming pool fences.

Drowned girl's mum wanted Mark Harvey's pool fence fixed before death

The mother of a little girl who drowned in AFL coach Mark Harvey's back yard pool asked for permission to block a gap in its fence which she thought posed a danger to the three-year-old.

Property manager Laura Teal told a coronial inquest today that at an inspection in June 2008 Monica Harris raised concerns about a gap at the barbecue on the fence perimeter at the Essendon house.

Ms Teal said plants, bikes, climbing equipment and furniture were located close to the barbecue.

"Ms Harris raised the issue of the pool fence around the barbecue and her concerns about toddler access," she said.

"She asked me to gain the landlord's permission to put up lattice at her own expense."

On September 26, 2008, Lauren Harris drowned in the swimming pool of the house in Roberts St that her parents rented from Harvey and his wife Donna.

The inquest has heard that the bluestone barbecue provided "climbing steps for small children" to a gap in the pool fence.

Ms Teal said after the June inspection she sent Donna Harvey an email which read "(the tenants) are concerned about their 3-year-old getting into the pool enclosure from the sides of the BBQ".

Ms Harvey emailed back "tell them they can put something up near the pool at their own expense".

Ms Teal said she completed a number of courses at the Real Estate Institute of Victoria to become a qualified real estate agent and property manager but pool safety was never mentioned.

"There was nothing in my training that informed me as the the specific requirements, standards, guidelines with regard to pool fences," she said.

"I'm not trained in pool fencing."

After Lauren drowned Ms Teal said Brad Teal Real Estate introduced its own policy that every landlord of a property with a pool or spa had to provide a current compliance certificate or written notification it was compliant.

Ms Teal said the Harrises paid $800 week rent with a $3400 bond and Ms Harvey insisted on a three-monthly inspection of the property.

Before she commenced her evidence deputy state coroner Iain West granted Ms Teal an indemnity against self-incrimination after finding there might be evidence that she had committed a criminal offence.

Under cross examination from Richard Stanley, for the Harris family, Ms Teal said there was "frustration" at the constant stream of emails she exchanged with Ms Harvey following requests from the tenants for maintenance issues to be addressed.

Mr Stanley read out one email to Ms Harvey in which Ms Teal said "you don't understand how sick I feel that I have to call or email you about another drama".

Ms Teal told the inquest she was concerned she was in "constant nagging mode" about the property although she admitted none of the maintenance issues raised by the Harris family were unreasonable.

Mark Harvey, who is currently assistant coach at the Brisbane Lions, passed on his family's condolences to the Harris family from the witness box yesterday.

He denied that in 2004 he received a warning from a building surveyor and in a council notification that the pool fence was unsafe.

The inquest continues.

SUN HERALD

Here is a handy checklist for homeowners. Alternatively, you can arrange an inspection from your local Council.

• Is there a pool fence separating the pool from your house and the neighbourhood?

• Is the outside of the pool fence at least 1.2m high all the way around?

• Is the gap between the bottom of the fence and the ground less than 10cm?

•  Are all vertical or near vertical palings less than 10cm apart?

• Are all horizontal or near horizontal fence rails more than 90cm apart so a small child cannot get a foothold to help climb over the fence?

• Is your pool fence well maintained and in a good state of repair as an effective and safe barrier? (eg. no holes, broken palings)

• Is your pool fence 1.2m clear of any objects such as BBQs, trees, rocks, shrubs and deckchairs that could help a small child climb over the fence?

• Is your clothes line, BBQ or similar object not directly associated with the swimming pool and which could lead to the pool gate being left open located outside of the fenced pool area?

• If the wall of the residence forms part of the child-resistant barrier, is this wall without windows, doors or other openings that permit access to the pool?

• Is there an appropriate resuscitation sign displayed in the immediate vicinity of the pool area?

• Does the gate close and latch by itself from any open position?

• Does the gate open outwards, away from the pool?

• Is the gate release mechanism 1.5m above ground level or alternatively, located inside the gate at 1.2m and covered by an approved shield?

For more information on swimming pool safety, contact your local council.

For water safety information, visit the SafeWaters website.

www.safewaters.nsw.gov.au