Swimming Pool Register
Under the Swimming Pools Amendment Act 2012, all pool owners are required to register their pool on the NSW Swimming Pool Register.
Register your pool now at www.swimmingpoolregister.nsw.gov.au
Swimming Pools Act 1992 Review - Current Requirements
In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised. This review identified a number of amendments designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools in NSW.
The Swimming Pools Amendment Act 2012 commenced on 29 October 2012 and makes a number of amendments to the Swimming Pools Act 1992: Information is provided below regarding the impact of these legislative amendments for pool owners and councils. Additional information about the staged implementation provisions is also provided below.
Responsibilities of Pool Owners:
- Swimming pool owners are required to register their swimming pools on an online register to be provided by the NSW State Government.
- Swimming Pool owners will be required to 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.
- There is a penalty for owners who fail to register a swimming pool (penalty notice amount of $220).
- Swimming pool owners will be required to provide a valid swimming pool compliance certificate before being able to sell or lease a property with a pool.
- Accredited certifiers under the Building Professional Act 2005 may conduct swimming pool inspections initiated by the pool owner.
Responsibilities of Councils:
- Councils are required to:
- develop and implement a swimming pool barrier inspection program in consultation with their communities,
- report annually on the number of pool inspections undertaken and the level of compliance with the requirements,
- inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year intervals,
- at the request of a pool owner, inspect pools prior to sale or lease,
- issue compliance certificates after an inspection which finds a pool barrier compliant with the requirements of the legislation. Compliance certificates are valid for three years.
- 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.
- Councils may inspect any swimming pool that is the subject of a complaint to the council.
- Council powers of entry will be consistent with the Local Government Act 1993.
- Councils may charge a fee for each inspection undertaken (up to a maximum of $150 for the first inspection and $100 for one re-inspection resulting from the first inspection).
It is mandatory (from 2013) for all pool owners register their pool.
Registration requires the following details:
- Address of the pool/spa.
- The type of property such as a private residence, multi-occupancy (units etc), or tourist and visitor accommodation.
- If the property is on a waterfront, land greater than 2 hectares or less than 230 square metres.
- When the pool/spa was built (3 choices of date range apply).
- If the pool barrier has been substantially modified or rebuilt and when that took place (3 choices of date range apply).
For further information refer to the OLG - Swimming Pools & Spas
Swimming Pool Safety - Legislation
In NSW, swimming pool safety is legislated by the Swimming Pools Act 1992, the Swimming Pools Regulation 2008, and the Swimming Pools Amendment Act 2012. As outlined on the Department of Local Government (DLG) NSW website in the following links:
Swimming Pools Act 1992
Prescribes the fencing requirements of backyard swimming pools in NSW. Some other safety requirements are prescribed including the requirement for a CPR sign to be displayed near the pool.
Swimming Pools Regulation 2008
Effective from 1 September 2008. The Regulation calls up Australian Standard 1926.1-2007 for pool barriers. The Standard includes new requirements for non-climbable zones, adjusted mesh sizes for fences, retaining walls that form part of a barrier and balconies that project into the pool area.
These requirements apply to new pools only and do not significantly increase costs. Existing pools, as defined by the Act, will not be required to comply unless there are substantial alterations made to the child resistant barrier.
Swimming Pools - Pool Fence Compliance Certificate
A Swimming Pool Compliance Certificate is issued when swimming pool fencing meets all requirements as specified under Part 2 of the Swimming Pools Act 1992. These certificates can only be issued by Council. Apply now for your pool fence certificate (fees apply):
Swimming Pools - pool fence Certificate of Compliance (34KB)