Swimming Pool Legislation

Swimming pools are a fantastic way to enjoy your days in our hot summer months. However, as many people are aware, pools can be dangerous, particularly to young children. Inverell Shire Council wants you to enjoy your pool and be safe in doing so.

Legislation

In New South Wales, the Swimming Pools Act 1992 requires that all swimming pools have an appropriate child resistant barrier that restricts access between the residence and the swimming pool. This legislation provides that owners may be fined if the pool fence or other appropriate child resistant barrier does not meet the legal requirements.

A swimming pool is defined by the Swimming Pools Act 1992 as:

Any excavation, structure or vessel:

1. Capable of being filled with water to a depth of 300mm or more, and;
2. Solely used, designed, manufactured or adapted to be used for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated in a bathroom or any other circumstance declared by the regulations not be a swimming pool.

New swimming pool legislation and changes

New laws apply to the sale or lease of properties with a pool in NSW. These changes have been introduced to further protect the safety of children under the age of five around backyard swimming pools.

From 29 April 2016, properties sold with a pool must have either:

• A certificate of compliance; or
• A relevant occupation certificate and a certificate of registration; or
• A certificate of non-compliance.

From 29 April 2016, properties leased with a pool must have either:

• A certificate of compliance; or
• A certificate of non-compliance.
• A relevant occupation certificate and a certificate of registration

For any further information or questions, please contact Council’s Building Surveyor on (02) 6728 8241.

Installation of a Swimming Pool

The installation of a swimming pool requires the consent of Council or an Accredited Certifier. This consent may be via the following:

1. Complying Development Certificate (CDC). This type of approval applies in some circumstances.
2. Development Consent (DA) & Construction Certificate (CC). These approvals are applicable when unable to be a CDC.

DA’s must be issued by Council, however CDC’s or CC’s can be issued by either Council or an Accredited Certifier. Please contact Council’s Planning and Development Division for information on what application will be applicable to you.

BASIX Certificates

BASIX (Building Sustainability Index) Certificates are generated via an on-line energy efficiency assessment tool. Any new swimming pool to be installed which has a capacity in excess of 40,000L must have a BASIX Certificate.

For further information on BASIX Certificates go to the BASIX website.

Australian Standard AS: 1926.1

Swimming Pool Safety Part 1: safety barriers for swimming pools

The Swimming Pools Act 1992 currently calls up this Australian Standard in relation to pool safety and fencing requirements. A copy of the standard is available to be viewed at Council’s administration building (located at 144 Otho Street, Inverell), or alternatively a copy can be purchased at SAI Global.

Swimming Pool Compliance Certificate

You can apply to Council for a certificate which certifies that a swimming pool complies with the relevant requirements of the Swimming Pools Act 1992. An application form for a Swimming Pool Compliance Certificate can be found below.

Swimming Pool Safety

Drowning is the leading external cause of death for children under five years of age.

In NSW, in 2013-14, six children under five years of age drowned. A further 70 children were admitted to hospital for near drowning. Children under five years of age have the highest mortality rate out of any age group, with approximately 60% of drowning occurring in swimming pools.

Children can drown in as little as 5cm of water, when left unsupervised. Pools are an obvious risk but children can also drown in baths, spas, dams, rivers, creeks, garden ponds and nappy buckets. Find out further information of swimming pool safety on our Swimming Pool Safety page.

As there are different fencing requirements for swimming pools depending on when and where the pool was installed, three checklists have been provided below. Pool owners are asked to complete the checklist that applies to their property and swimming pool. If you don’t know when your pool was built, contact Council’s Planning and Development Division.

For each question in the appropriate checklist answer “yes” or “no” as to whether your pool fence meets the specific requirement. If you answer “no” to any of these questions your pool may be in breach of the legislation and unsafe. Please contact Council if you have any concerns.

Cardiopulmonary Resuscitation (CPR)

CPR flow charts (signs) are required within the pool area and need to be clearly visible and legible from a distance of 3m. Council has CPR flow charts/signs which can be purchased from the Inverell Shire Council Administration Centre located at 144 Otho Street, Inverell. A CPR fact sheet can also be found below: