Enjoying the benefits of a swimming pool in your own backyard can only be realised if all possible safety procedures are followed. The following contains information to help swimming pool owners achieve peace of mind.
On 1 September 2008 the Swimming Pools Regulation came into effect, replacing the Swimming Pools Regulation 1998. This new regulation states that "AS1926.1-2007 Swimming Pool Safety Part 1: Safety Barriers for Swimming Pools" is now the standard for all child-resistant barriers surrounding/restricting access to a pool.
NOTE: You should rely on the Regulation to inform you rather than solely rely on "AS1926.1-2007" as the Regulation excludes/restricts some clauses of "AS1926.1-2007" for pools in NSW.
Spa pools are covered by legislation and should be separated by a child-resistant pool safety barrier in accordance with Australian Standard AS1926.1-2007. Alternatively, the spa pool must be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh).
All pools require a Resuscitation Chart/ Warning Notice to be displayed in a prominent position in the immediate vicinity of the pool. The following warning statements must be contained within the Resuscitation Sign:
The Resuscitation sign:
Resuscitation/warning signs can be purchased from most pool supply shops.
Any approved sign erected between 1 September 1995 and 31 August 2008 does not require replacement and may be retained. However, it is recommended that signs more than 3 years old be replaced, due to changes in best practice resuscitation techniques.
Under the Swimming Pools Act 1992 the owner of a swimming pool has the responsibility to ensure that the pool is at all times surrounded by a complying child-resistant pool safety barrier.
Pool safety barriers must be maintained in a good state of repair as an effective and safe barrier restricting access to the pool.
Prefabricated and inflatable pools capable of being filled with water to a depth 300mm or more may require approval but more importantly, require child-resistant barriers to prevent access to the pool by children.
Swimming pools must be separated from a residential dwelling by a child resistant barrier.
From 1 July 2010, swimming pools located on properties which are waterfront, on land over 2 hectares or on very small properties (230m2 or less) can no longer use the automatic exemptions from the Swimming Pools Act 1992 (Act).
Previously, pools located on the abovementioned properties could use the dwelling as the swimming pool barrier. This required all doors and windows from the dwelling to be made child resistant in accordance with the Australian Standard. Existing exempt properties may continue to use the exemption but only if the barrier is continuously kept compliant with the Australian Standard. If the barrier is found to be non-compliant, the Council may remove the old exemption and require compliance with the current Australian Standard.
For swimming pools constructed or completed before 1 September 2008, the barrier must comply with Australian Standard 1926~1986 'Fences and gates for private swimming pools'.
Swimming pools that commenced construction from 1 September 2008, must have a barrier that complies with Australian Standard 1926.1~2007 'Part 1: Safety barriers for swimming pools'.
Hard copies of the Australian Standard AS1926.1-2007 "Swimming pool safety, Part 1: Safety barriers for swimming pools" are available at Council's administration buildings. Please note due to copyright restrictions, copies of the documents are unable to be made.
Pool fencing must comply with AS1926.1-2007. Some of the requirements are:
An inspection of a swimming pool is carried out by an authorised Council officer who determines whether the pool is compliant under the Swimmings Pools Act 1992. If the pool is considered to meet the requirements, then a Swimming Pool Certificate of Compliance can be issued.
The Swimming Pool Safety Checklist(to be used as a guide only) is designed to assist pool owners determine whether their pool fence or other barrier complies with the legislation.
Council aims to provide a Swimming Pool Certificate of Compliance within five working days from receipt of the application. An authorised Council office will contact you to arrange a suitable time to inspect the swimming pool. this period may be longer if Council's building inspectors have difficulty arranging access to the property to carry out the necessary inspection.
Under the Swimming Pools Act 1992, the owner of any property on which a swimming pool is situated can apply to Council for a Certificate of Compliance relating to the swimming pool.
Download and complete a Swimming Pool Certificate of Compliance Application Form below. Return your completed form along with your payment to any of Council's offices listed on the application form.
Online form
The relevant legislative documents for pool safety are:
NOTE: Refer to the Regulations to inform you of the requirements rather than solely relying on AS1926.1-2007 as the Regulation excludes/restricts some clauses of AS1926.1-2007 for pools in NSW.
www.legislation.nsw.gov.au