Swimming Pool Safety Legislation

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.

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