Alpine Council manager planning and amenity Heather Green said the council had seen at least one case of a small pool put up with no fence.

“It’s probably an issue every summer but it’s been more noticeable this summer,” she said.

“Temporary pools are available from a lot of retail outlets and are marketed as a great way to stay cool during summer.

“The use of these pools comes with the legal responsibility to provide a compliant pool fence or barrier.”

In Victoria and NSW any pool, including inflatable or clam shell varieties, with a depth of more than 30 centimetres need to be surrounded by a safety barrier.

Ms Green said more often than not, owners were surprised to hear such pools had the same legal requirements as inground versions.

“But most people then do comply,” she said.

The manager said failure to provide a compliant fence was an offence under the Building Act 1993 and could lead to fines of up to $ 77,730 and a potential criminal conviction.

“We try to educate first, prosecution is a last resort,” she said.

“We’d rather people do the right thing by knowing what they need to do.”

Kidsafe Victoria general manager Jason Chambers said all temporary pools should be emptied and packed away out of children’s reach when not in use.

“Sometimes a thing like rain overnight could fill them up, or a sprinkler coming on,” Mr Chambers said.

“For toddlers, they can drown in as little as a few centimetres of water, it doesn’t take a large body of water to pose a drowning hazard for them.”

NSW Fair Trading Commissioner Rod Stowe said all portable pools and their packaging must carry warning labels about appropriate supervision and storage.

“For portable pools 300mm or more in height, pool fencing laws apply and consumers should consult with their local council before purchasing this product,” Mr Stowe said.