In Australia, drowning is the single most common cause of death due to injury for children under five years of age. About half of these deaths occur in residential swimming pools or spas.
To help prevent drowning, the NSW Swimming Pools laws require correct child-safe barriers to be installed around private swimming pools, including inflatable pools that are capable of being filled with 30cm or more of water. Although inflatable and portable pools often hold less water than permanent swimming pools, they present the same drowning hazard.
Rules and regulations are in place to minimise risks and allow your family and friends to enjoy the benefits of a swimming pool safely.
These include complying with the Swimming Pools Act 1992, Swimming Pools Regulation 2018 and Australian Standard 1926.
It is compulsory for pool and spa owners to register their pools and assess whether their pools comply with safety standards.
From 29 April 2016, a swimming pool owner must obtain a valid Swimming Pool Certificate of Compliance or Certificate of Non Compliance before they can sell or lease their property.
SWIMMING POOL REGISTRTATION
HOW TO REGISTER YOUR POOL
All swimming pools must be registered on a state wide pool register. As part of the registration process the pool owner must certify to the best of their knowledge that their pool barrier complies with the regulations.
- You can register your pool on line here: NSW Swimming Pool Register
SWIMMING POOL BARRIER INSPECTIONS
View Council’s swimming pool barrier inspection policy:
The owner of the pool also has the option of using an accredited certifier to inspect the swimming pool barrier and issue a compliance certificate for a compliant barrier. The certificate of compliance or occupation certificate will be valid for 3 years. Should you require Council to inspect and issue a certificate of compliance, complete the Swimming Pool Certificate of Compliance Application and pay the prescribed fee of $150.00.
For reinspection of a swimming pool barrier under a Council Swimming Pool Certificate of Compliance Application, please contact Customer Service to have the $100 reinspection fee raised. This fee can be paid at Council offices, or via phone with Customer Service.
The Swimming Pools Act 1992 requires private swimming pool owners to ensure that their pool is at all times surrounded by a child resistant barrier that separates the swimming pool from the dwelling on the property as well as any public or private place adjoining the property.
However, there are various exemptions that apply to pools built before 1 August 1990, pools on sites larger than 2 hectares, pools on sites less than 230sqm, waterfront properties, indoor pools and spa pools.
There are various exemptions that apply to pools built before 1 August 1990, pools on sites larger than 2 hectares, pools on sites less that 230sqm, waterfront properties, indoor pools and spa pools. In limited circumstances, Council may issue exemptions under the Swimming Pools Act, 1992. Section 22 of the Act allows Council to grant exemptions from swimming pool barriers that are impracticable or unreasonable in particular cases.
Circumstances include the physical nature of the premises, design, construction or location of the swimming pool or because of special circumstances of a kind recognised by the Regulations as justifying the granting of an exemption, such that an adult occupant of the premises, because of a physical disability or impairment, would be significantly impeded in gaining access to the pool if the swimming pool barrier were made to be installed in accordance with the Act.
Should you require a certificate of exemption, complete the Certificate of Exemption Swimming Pool Act Application and pay the prescribed fee of $150.00. This fee can be paid at Council offices, or via phone with Customer Service.
POOL TO POND
Converting to a pond does not negate your obligations under the Swimming Pools Act 1992 which requires private swimming pool owners to ensure that their pool is at all times, surrounded by a child resistant barrier that separates the swimming pool from the dwelling on the property as well as any public or private place adjoining the property.
All pools require warning signs and resuscitation signs be erected in a prominent location in clear view of the swimming pool.