Swimming Pool Safety Legislation

Swimming Pool 4

The Legislation, Regulation and Standards that apply to Swimming Pool Safety in NSW and Council’s Swimming Pool Policy and Barrier Inspection Program include the following, as may be amended from time-to-time:

  • Swimming Pools Act 1992
  • Swimming Pools Regulation 2018
  • Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016
  • Residential Tenancies Amendment (Swimming Pools) Regulation 2016
  • Building Code of Australia
  • Australian Standard AS1926.2012/2007/1993/1986 - Swimming Pool Safety, Part 1: Safety barriers for swimming pools 

Enforcement

If Council undertakes an inspection, or notified by a Certifier that the pool safety devices fail to meet the requirement of the Swimming Pools Act 1992 and prescribed standards, Council may issue a Notice of Direction pursuant to Section 23 of the Swimming Pool Act 1992.

If Council considers that, the safety of person/s would be at risk if the requirements of the direction were not carried out as soon as possible, issue a Direction in the first instance.

A Swimming Pool Compliance Direction is legally required to be complied with. Failure to comply with the Direction is an offence and Council will issue a Penalty Notice and or initiate Court proceedings.

In the event a property owner fails to comply with a Direction, Council may seek a court order to have the requirements of the Direction completed with full cost recovery.

Enforcement Action will be taken in accordance with Council’s Compliance and Enforcement Policy and requirements of the Swimming Pool Act 1992.

Fees

For the purposes of issuing a Certificate of Compliance, Council will charge a pool barrier inspection fee in accordance with the Act, Regulations and Council’s adopted fees and charges schedule.

Fees are to be paid at the time of booking the inspection or re-inspection. Visit Fees and Charges page for more information. 

Note: Certificate of Compliance is valid for three years from the date of issue in accordance with the Act. After the certificate ceases to be valid, Council may charge a fee in accordance with the above to carry out a new inspection for issuing a new Certificate of Compliance.

Certificates of compliance

What is a Pool Certificate of Compliance?

After the inspection of the pool and pool barrier; and if found to comply with pool safety requirements in accordance with the Swimming Pool Act 1992, a Certificate of Compliance is issued from the NSW State Government Swimming Pool Register.

The Certificate of Compliance is valid for three years. A pool may be inspected more frequently than three years:

  • If a complaint has been received with respect to pool safety and pool barriers; or
  • If the pool no longer complies with the safety requirements specific to pool barriers.

     

The Role of Registered Certifiers

Pool owners may request either Council or an accredited certifier to provide a pool Certificate of Compliance or Certificate of Non-Compliance.

 

What happens if a Pool Certificate of Compliance cannot be issued?

Following an inspection, if the pool does not meet Australian Standard (AS) 1926, the accredited certifier issues a Section 22E Notice stating the non-compliances, rectification measures and Certificate of non-compliance.  Pool owners have six weeks to rectify the pool safety non-compliance.  If there is no satisfactory compliant after six weeks, the accredited certifier must forward those documents to Council. 

Where the accredited certifier considers the pool safety non-compliances to be a significant safety risk to the public, the certifier must advise Council immediately. Upon receipt of the documents from the accredited certifier including Section 22E Notice, Council will commence investigation and decide on appropriate enforcement actions. 

In situations where the property is for sale the Certificate of non-compliance can be attached to the contract for sale under the Conveyancing (Sale of Land) legislation.

 

What is the “Applicable Standard” that Applies?

To determine the applicable standard that applies to a pool there are two areas that are required to be determined, these are where an exemption applies to the pool and if the Regulation savings clause applies to the pool. The exemption is based on the type of property and the date the pool was constructed. The savings clause allows the previous standard of AS1926 to continue to apply to the property where the pool barrier is compliant.

In the event of an alterations or replacement to pool safety barrier, it will need to comply with the current version of AS1926.  If the barrier is non-compliant with the applicable standard, both the exemption is lost and the savings clause will no longer apply.  That pool barrier must be updated to comply with the current version of AS1926.

Inspection Program

From October 2013, all councils are required to have in place and to implement a program of swimming pool inspections. The purpose of the inspection program is to identify swimming pool for inspection scheduling under the program.

Inspections under the program are to ensure that the pool barrier effectively restricts access to the swimming pool in accordance with the provisions of the Swimming Pools Act 1992. Council applies a risk base approach to the Inspection Program. The following inspections will be attended to in order of priority:

High Risk Pools

The legislation requires certain properties considered as a high risk to have the pool inspected every 3 years. This includes pools associated with:

  • a hotel, motel, tourist/ visitor accommodation and other multi-occupancy developments;
  • backpackers, bed and breakfast, hotel, motel, serviced apartments (includes short term rental accommodation) and residence of more than 2 occupancies;
  • childcare centre/ family day care or premises accessed regularly by children for other than domestic purposes.

Council identified High Risk Pools

Council has a number (29 as of 16 December 2024) of non-compliant pools listed on the NSW Swimming Pool register. While this is a low percentage of registered pools (3.4%) it is a priority action to have these pools reinspected and compliance pursued.

 

Reports of unsafe pools

Council receives complaints from the public in relation to unsafe pool barriers. Council staff who carry out other local government functions may also identify pools with inadequate pool safety barriers.  Once reported to City Development, Council will consider investigation processes through Community Safety officers.

Before entering the property for an inspection, Council will aim to notify the owner or occupier of the premises about the complaint to arrange a time that is convenient for conducting an inspection.

Applications for Certificates of Compliance

Council accepts applications for Certificate of Compliance.  Council may engage an external pool inspector-contractor for this purpose.  Where an application is lodged and the relevant fees paid Council will aim to inspect within 10 days subject to the contractor’s schedules.

Click How to Apply

 

Exemptions

In limited circumstances, Council can issue exemptions under Section 22 of the Act. This allows Council to grant exemptions for swimming pools situated on complex sites, in the particular circumstances of the case:

  • That it is impracticable or unreasonable (because of the physical nature of the premises, because of the design or construction of the swimming pool or because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption) for the swimming pool to comply with those requirements; or
  • That alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool.

When granting an exemption Council may impose conditions, including timeframes on the validity of the exemptions.

For an Application for Exemption seeking exemption from barrier requirements that are impracticable or unreasonable. Application must include sufficient reason for seeking an exemption.

Click How to Apply

 

Glossary

Term

Meaning

Accredited Certifier

An Accredited Certifier is an individual who is registered with the NSW Building Professionals Board for performing swimming pool inspections.

Certificate of
Compliance

A Certificate of Compliance is evidence that a swimming pool meets the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008. A Certificate of Compliance is valid for three years.

Certificate of Non- Compliance

A Certificate of Non-Compliance is evidence that a swimming pool does not meet the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008. A Certificate of Non-Compliance issued at the owners request is valid for one year.

Certificate of
Registration

A Certificate of Registration is evidence that a swimming pool is registered on the NSW Swimming Pool Register; either the owner of the premises or local council can register a swimming pool.

Direction

An authorised person acting under the delegation of a local authority may issue a Direction against the premises with a swimming pool under section 23A of the Swimming Pools Act 1992. This directs the owner to take, within reasonable time as specified in the direction, such measures to ensure that the swimming pool or premises comply with the requirements of the Swimming Pools Act 1992.

Notice of Direction

Written Notice of Councils intention to issue a Direction against the premises within 14 days unless the terms of the Notice are completed.

Pool Barrier Exemption

A certificate issued under the Swimming Pools Act 1992 to exempt a swimming pool from any or all the requirements of the Act. An Exemption Certificate is granted subject to any conditions Council deems appropriate.

Portable pool

A structure that is designed as a swimming pool but is not a permanent structure.

Occupation Certificate

An Occupation Certificate issued under the Environmental Planning and Assessment Act 1979 and authorises the construction/use of the swimming pool.

Spa Pool

Defined by the Swimming Pools Act 1992 and:

Includes any excavation, structure, or vessel in a spa pool, flotation tank, tub, or the like.

Burwood Council does not consider swim spas as spa pools.

 

 

Swimming Pool

Defined by the Swimming Pool Act 1992 as:

an excavation, structure or vessel –

  1. that is capable of being filled with water to a depth greater than 300 millimetres, and

     

  2. that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and

     

  3. includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act.