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Last Updated
Wednesday, August 31, 2016

Swimming Pools

Swimming Pool Safety

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 by 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.

For more information please refer to the Swimming Pool Laws brochure available from this page. The Act and Regulations can be found on the NSW Legislation Website: Swimming Pools Act 1992 and Swimming Pools Regulation 2008

Swimming Pool Register

The NSW Division of Local Government amended the Swimming Pools Act 1992 in October 2012 to improve the safety of children around swimming pools in New South Wales.

As a result, all swimming pools are required to be registered by October 2013 with the NSW State Government, this register is to commence by no later than 29 April 2013 for implementation. Failing to register your swimming pool will result in penalties of $220.00.

There will be an associated inspection fee for the swimming pool inspection program, maximum of $150.00 for the first inspection and $100 for one re-inspection resulting from the first inspection.

Council’s swimming pool register will commence 6 May 2013; Hunter’s Hill local government area will be spilt into sections. Letters will be addressed to the owners within the section advising that an inspection is required to be carried out. 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.

A summary of the changes are in the table below:

Timeline of Changes

29 April 2013 Pool owners must commence registering their swimming pool
6 May 2013 Hunters Hill Council’s swimming pool register commences
29 April 2014 Tourist and visitor accommodation must make an application for a Swimming Pool Compliance Certificate. Properties for sale or lease must obtain a Swimming Pool Compliance Certificate before they sell or lease.
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