Private or backyard swimming pool safety is legislated by the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008. The following is a short excerpt from a brochure from the Department of Local Government and Department of Premier and Cabinet.
The Act and Regulation apply to all swimming pools (both indoor and outdoor) on premises where there is a residential building, a movable dwelling (eg caravan), a hotel or a motel.
If you are the owner of premises on which a swimming pool is situated you must ensure that the pool is at all times surrounded by a child-resistant barrier consisting of fencing of a height no less than 1.2 metres and/or your house wall. You must always keep your barrier, gates and doors in good working condition. Doors and gates providing access to the pool area must be kept securely closed at all times when not in actual use.
The requirements for child-resistant barriers on premises where there is a residential building vary according to when the pool was constructed and where the pool is located.
As a result, all swimming pools were required to be registered by October 2013 with the NSW State Government. Failing to register a swimming pool results in penalties of $220.00.
There is an associated inspection fee for the swimming pool inspection program with the fee being a maximum of $150.00 for the first inspection and $100 for one re-inspection resulting from the first inspection.
As part of the swimming pool register, pool owners are required to:
• Register their swimming pool on an online register provided by the NSW State Government
• Self-assess and state in the register that, to the best of their knowledge, their swimming pool complies with the applicable standard when registering their pool.
To further assist swimming pool owners in association with NSW legislation, Council has available the following documentation for public inspection (not available for download or viewing online):
• Guideline 8 Cardiopulmonary Resuscitation
• Australian Standard 1926.1-2007 Swimming Pool Safety Part 1 safety barriers for swimming pools
• National Construction Code (Building Code of Australia).
A swimming pool subject to an occupation certificate is exempt from an inspection program for three years from the date of issue of the occupation certificate. Accredited Certifiers under the Building Professional Act 2005 may conduct swimming pool inspection initiated by the swimming pool owner.
22 Alexandra Street, Hunters Hill NSW 2110
PO Box 21, Hunters Hill NSW 2110
Tel: (02) 9879 9400
8:30am – 4.30pm
Customer Service phone lines open 8.00am – 5.00pm
(02) 9879 9400
1300 136 460