Responsibilities for Swimming Pool Owners

Swimming Pool 2

Swimming pools offer a social amenity that is of great benefit to those who have use and have access to them.  With this however comes an obligation outlined in legislation to maintain the pool in a safe manner.  The regulatory regime of pools on private property has been the subject of ongoing legislative review and reform since 2008 due to the tragic increase of infant and toddler injury and death in swimming pools.

Swimming Pool Register

In accordance with the Act, the NSW Government has introduced an “on-line” statewide Swimming Pool Register - http://www.swimmingpoolregister.nsw.gov.au .

All owners of residential premises or tourist and visitor accommodation on which a swimming pool is located must register their pools on the Register. A pool owner who fails to register their pool is guilty of an offence. Council has the option to issue a Penalty Notice for a non-compliance or initiate Court proceedings.

The Swimming Pools Register will record whether or not Council or an Accredited Certifier has inspected a swimming pool and if there is a current certificate of compliance for the pool barrier.

Council has access to the Swimming Pools Register to assist with the administration of its Swimming Pool Barrier Inspection Program.  Council will rely upon the NSW Swimming Pools Register to determine inspection of swimming pools in accordance with this program.

 

Barrier requirements

The owner of the premises on which a swimming pool is situated is required to comply with all requirements under the Swimming Pools Act 1992 and Regulations at all times.

They must ensure that the swimming pool is surrounded by a child resistant pool safety barrier:

  1. That separates the swimming pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and
  2. That is designed, constructed, installed and maintained in accordance with the Australian Standard 1926.1 and 1926.2 as prescribed by the regulations.

 

Note: Some older pools may have variations (or exemptions).

 

Sale and Lease Provisions

In accordance with the Swimming Pools Amendment (Inspections) Regulation 2016, a contract for the sale of land for a property with a swimming pool must have one of the following attached:

  • A Certificate of Compliance; or
  • A relevant Occupation Certificate and a Certificate of Registration; or
  • A Certificate of Non-compliance.

Properties with swimming pools that are being ‘leased’ after 29 April 2016 must have a valid swimming pool Certificate of Compliance, issued by an Accredited Certifier or Council.

These provisions do not apply to properties with more than two dwellings and a shared pool, such as units in strata complexes or community schemes.

 

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