NSW Pool Fencing Laws

WHAT IS YOUR RESPONSIBILITY UNDER THE SWIMMING POOLS ACT?

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 pools built before 1 August 1990, the pool must either be surrounded by a child-resistant barrier (see below) or the means of access from the building to the pool must be restricted at all times. The standard for restriction, eg, by complying windows and doors, is set out in the Regulation.
• For pools built after 1 August 1990 but before 1 September 2008, the pool must be surrounded by a child-resistant barrier that separates the pool from any residential building situated on the premises and from any place adjoining the premises. The child-resistant barrier must be designed, constructed, installed and maintained in accordance with Australian Standard 1926-1986 Fences and Gates for Private Swimming Pools.
• For pools built after 1 September 2008, the appropriate standard is Australian Standard 1926.1-2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

Pool owners can decide the exact location of the barrier, which need not closely surround the pool, provided it meets the requirements of the Act, Regulation and appropriate standard.

Remember - the general requirement for child-resistant barriers on residential properties is for the pool to be separated by a complying barrier from the house, adjoining properties and public spaces at all times. Direct access from the house to the pool area is not permitted unless an exemption applies.

Under the Act and Regulation special requirements and/or certain exemptions may apply to indoor pools, spa pools, pools situated on premises that have movable dwellings, hotels and motels, as well as pools on very small properties (of less than 230 square metres), large properties (of 2 hectares or more) and premises having frontage to any large body of water for which construction or installation has commenced before 1 July 2010. Special requirements also apply to a house wall that is used as part of the child resistant barrier.

Local councils may grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases, eg, to provide access for people with disabilities.

For information about these special requirements and exemptions contact your local council.

All pool owners must display the prescribed warning sign in a prominent position in the immediate vicinity of the swimming pool. The sign gives a supervision warning and the details of resuscitation techniques. These signs are readily available from many councils and community organisations such as the Royal Life Saving Society and may also be obtained from pool shops and other outlets. Please display the warning sign where it can easily be seen.

Serious penalties apply if you do not comply with the requirements of the Act ranging from $550 to $5,500

Caveman servicing Sydney and surrounding suburbs.

Phone: 02 9625 3383
Email:

WHAT'S YOUR RESPONSIBILITY IF YOU'RE RENTING A PROPERTY WITH A POOL?

If you are renting a property under a residential tenancy agreement, the Residential Tenancies Act 1987 provides that:

• The landlord is responsible for providing and maintaining the premises in a reasonable state of repair.
• The tenant is not to intentionally or negligently damage the premises and the tenant must notify the landlord of any damage.
• The tenant may carry out urgent repairs and be reimbursed up to $1,000 for any fault or damage that causes the premises to be unsafe.

WHAT'S YOUR COUNCIL'S RESPONSIBILITY?

Your council has responsibility for administering the Swimming Pools Act and Regulation in its area. Under the Act your council must ensure it is notified of all swimming pools in its local area, which are covered by the Act. Your council is also responsible for promoting awareness of the requirements of the legislation in relation to swimming pools.

To check if your pool meets the requirements of the Act, you should contact your council. At a cost not exceeding $70, the council can grant you a certificate of compliance if your swimming pool complies with the requirements of the Act. If your pool does not comply with the requirements of the Act, then your council will advise you of the steps you need to take in your particular circumstances.

Your council may serve you with a notice directing you to comply with the legislation. If you fail to comply within the time specified, or if the council considers that the work needs to be done urgently as there is a significant risk to public safety, it may carry out the work itself and recover the cost from you. In any notice the council must give reasons for its decision to issue you with the notice.

You are entitled to appeal to the Land and Environment Court against your council's decision to issue you with a notice or to refuse you a certificate of compliance. Time limits apply to the lodging of appeals.

Your council may appoint an inspector to inspect swimming pools, barriers and signs.

Your council is required to investigate complaints about non-compliance with the Act. It must, as far as is practicable, commence its investigation into a written complaint within 72 hours of receipt of the complaint. It may decide not to investigate a complaint that is vexatious, misconceived, frivolous or lacking in substance.

HOW TO KEEP YOUR POOL SAFE

• Always keep your fence, gates, doors and window locks secure and in good condition. Regularly check them.
• Always keep your gate and door latches and self-closing mechanisms in good working order.
• Always close your gates and doors when not in actual use. Never prop gates open.
• Never leave climbable objects near the fence.
• Always keep trees, shrubs and creepers trimmed well away from the fence.
• Always leave your filter covered so small children can’t get into it and keep chemicals out of view and reach.
• Always supervise children around the pool at all times. A fence is no substitute for responsible supervision.
• Teach your children to swim from an early age.
• Undertake resuscitation (CPR) training for emergency situations.

USEFUL CONTACTS

Division of Local Government,
Department of Premier and Cabinet:
Phone: (02) 4428 4100
Website: www.dlg.nsw.gov.au

NSW Sport & Recreation (Learn to SwimProgram):
Phone: 13 1302
Swimsafe programs cater for children from 18 months to adults - beginner to advance levels. Information on the programs is available at:
www.dsr.nsw.gov.au

The Royal Life Saving Society:
Phone: (02) 9879 4699
Website: www.royalnsw.com.au

St John Ambulance:
Phone: (02) 9212 1088
Website: www.stjohnnsw.com.au