SWIMMING POOL AND SPA SAFETY Under the Swimming Pools Act 1992 (NSW) the owner of a swimming pool has the responsibility to ensure that the pool is secured at all times, by a complying child-resistant pool fence or safety barrier.
Pool fences must be maintained in a good state of repair as an effective and safe barrier restricting access to the pool.
New swimming pool legislation
In 2012 a comprehensive state review of the Swimming Pools Act 1992 was finalised. This review identified a number of amendments designed to enhance the safety of children around swimming pools in NSW.
As a result of this review the Swimming Pools (Amendment) Act 2012 commenced on 29 October 2012 with the aim to protect against unnecessary swimming pool drownings or near drownings.
In summary
The Swimming Pools (Amendment) Act 2012 requires:
• Swimming pools to be registered by owners on the State Register by 29 October 2013 • Pool owners need a compliance certificate before sale or lease of their property from 29 April 2014 • Mandatory 3 yearly inspections of tourist and visitor accommodation and multi-occupancy developments
What Swimming Pool Owners need to do?
• Register their swimming pools on an online register to be provided by the NSW Government (see link below). • Self-assess, and state in the register that, to the best of their knowledge, their swimming pool complies with the
applicable standard when registering their pool. • Provide a valid swimming pool compliance certificate before they sell or lease a property with a pool.
Penalties
There is a penalty for owners who fail to register a swimming pool (penalty infringement notice amount of $220).
Who can do the inspections?
Council’s Officer’s may conduct swimming pool inspections initiated by the pool owner after the 29 October 2013. Swimming pool inspections may also be carried out by private certifiers who are accredited with the NSW Building Professionals Board.
What is Council required to do under the Swimming Pools Act:
• Develop and implement a swimming pool barrier inspection program in consultation with their communities; • Report annually on the number of pool inspections undertaken and the level of compliance with the new swimming
pool compliance requirements; • Respond to swimming pool complaints that are made to Council within a certain timeframe; • Inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year
intervals; • At the request of a pool owner, inspect pools and issue a compliance certificate prior to sale or lease; • Issue compliance certificates after an inspection which finds a pool barrier compliant with the requirements of the
legislation. Compliance certificates are valid for three years.
Other matters to consider under the Swimming Pools Act:
• A swimming pool which has had an occupation certificate issued after the 29 October 2013 is exempt from an inspection program for three years from the date of issue of the occupation certificate.
• Councils may inspect any swimming pool that is the subject of a complaint to the Council. • Council powers of entry will be consistent with the Local Government Act 1993. • Councils may charge a fee for each inspection undertaken (up to a maximum of $150 for the first inspection and
$100 for one re-inspection resulting from the first inspection).
Visit www.swimmingpoolregister.nsw.gov.au to register your pool.
General requirements
• All pools, including pre-fabricated self-installed pools, require approval prior to installation. The Certifying Authority (Council or an Accredited Certifier) is required to inspect and approve the child-resistant barrier system prior to filling the pool with water.
• Pools must be separated from residential buildings and adjoining public or private properties by child-resistant barriers in accordance with the Regulations and AS1926.1-2007.
• Gates must be self-closing and self-latching and open outwards from the pool. • No door access from a residential building into an outdoor pool is permitted. • Walls of above-ground pools or self-installed prefabricated pools are not accepted as a child-resistant barrier. • Only structures associated with the pool (filter housing, etc.) are permitted within the enclosed pool area.
Pool gates
The following requirements apply to gates in pool fences:
• Barrier gates must be self-closing and self-latching and must be closed at all times. • Gates must open outwards from the pool area. • No double gates are permitted. • Latch release mechanism must be 1.5 metres above the ground, except where a shield is used. If a shield is used
the latch is positioned on the pool side near the top of the gate. The shield makes it necessary to reach over the gate to release the latch mechanism.
• The latch release must be positioned a minimum 1.5 metres above ground level & 1.4 metres from highest lower horizontal barrier member.
• Gate width is to be kept to a minimum (no more than 1 metre)
Spa pools:
Spa pools are also covered by the legislation and should be separated by a child-resistant pool safety barrier in accordance with Australian Standard AS1926.1-2007. Alternatively, the spa pool must be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh). Such lockable structure must be able to be removed/installed and locked by a single person.
Resuscitation warning sign:
All pools require a resuscitation chart or warning notice to be displayed in a prominent position in the immediate vicinity of the pool.
The following warning statements must be contained within the resuscitation sign:
• Young children should be supervised when using this swimming pool. • Pool gates must be kept closed at all times. • Keep articles, objects and structures at least 900 mm clear of the pool fence at all times.
The resuscitation sign must be:
• Legible from a distance of at least three metres. • Maintained in a clearly legible condition.
Resuscitation/warning signs are available for purchase from Council or the Non-Government Organisations listed below.
Any approved resuscitation sign erected between 1 September 1995 and 31 August 2008 does not require replacement and may be retained. However, it is recommended that signs more than three years old be replaced, due to changes in best practice resuscitation techniques.
Exemptions
Exemptions currently exist for some existing pools based on the age and location of the pool, however, Council recommends all pools be upgraded to comply with current requirements.
Existing pools and pools on small properties
This exemption applies to pools built prior to 1 August 1990 and pools on small properties less than 239 m2 in area (non-waterfront properties) built prior to 1 July 2010. The owner may choose to comply with the general requirements or utilise the option not to separate the pool from the residential buildings, provided access to the pool from the residential buildings (i.e. doors, windows, openings) is at all times restricted in accordance with AS1926.1-2007. The pool must still be separated from adjoining public or private properties by approved child-resistant barriers.
Waterfront properties and large properties
This exemption applies to pools on properties that have a frontage to a large body of water built prior to 1 July 2010 and pools on properties having an area of 2 hectares or more built prior to 1 July 2010. The owner may choose to comply with the general requirements or opt not to surround the pool by a child-resistant barrier so long as access to the pool from any residential building (i.e. doors, windows, openings) is at all times restricted in accordance with AS1926.1-2007.
Note - Where child-resistant doors are used under the above exemptions, such doors must have a latch that is a minimum 1.5-metres above the floor; be self-closing and self-latching; be capable of being opened from either side of the door and must be in the closed and latch position at all times except when actually passing through the door opening.
Selling or purchasing a property with a pool:
The Conveyancing (Sale of Land) Regulation 2010 requires an owner of a property on which a swimming pool is situated to ensure that the pool complies with the requirements of the Swimming Pools Act 1992.
The owner of a premises can apply to Council for a Certificate of Compliance under s 24 of the Swimming Pools Act 1992 and this is the only document that can be relied on to ensure that a swimming pool complies.
The relevant legislation and standards for pool safety are:
• Swimming Pools Act 1992 • Swimming Pools Regulations 2008 • Australian Standard AS1926.1-2007
What are my responsibilities if I am a tenant in a property on which there is a swimming pool?
Under the Residential Tenancies Act 1987, it is usually the landlord's responsibility for providing and maintaining the premises in a reasonable state of repair, however the tenant is not to intentionally or negligently damage the premises and the tenant must notify the landlord of any damage.
• Swimming Pool gates needs to be safety secured at all times. • Provide Child supervision. • Swimming Pool gates needs to be well maintained, self closing, and self latching.
• Pool and Spa Barrier Maintenance having installed the pool barriers, it is necessary to ensure that all parts are well maintained.
What is my local Council's role in relation to swimming pool fencing?
Council is responsible for the enforcement of the Swimming Pools Act 1992 and can advise on the standards required. Council can grant exemptions from the requirements of the Act in certain circumstances. There is a right of appeal against a refusal to grant an exemption.
I have a backyard swimming pool. What are some of the safety issues I need to consider?
Owning and operating a home pool or spa is in some respects no different from running a public pool. You are still aiming to provide a safe, clean environment for your family and friends. The major issue for you as a pool owner is children – your own, your friends and your neighbours. If you own a pool you should consider the following safety issues:
• Have you ever practised dealing with a mock injury? • Do you have a regular maintenance plan for your pool plant (pumps and filters)? • Do you know what practises you would adopt in the case of a minor aquatic emergency (lack of water clarity,
chemical irregularities)? • Do you know what procedures you would adopt in the case of a major emergency (near drowning, spinal injury,
chemical spill)? • Do you have any rescue equipment such as rescue poles or rescue tubes? • Is the rescue equipment in easy reach and in good order? • Do you keep electrical equipment away from the pool? • Are all power outlets or the main circuit fitted with earth leakage protection?
What are some of the things I need to consider when dealing with pool chemicals?
In order to maintain your pool at the standard of cleanliness to prevent infections and disease, you will need to sanitise the water. In most home pools this is done using a pump, a series of filters and chemical treatment of the water. There are a number of simple safety issues you should remember when using and handling chemicals, these include:
• Keep pool chemicals away from fertilisers and petroleum products. They may explode. • Use only clean, dry and impervious scoops (not wood) when transferring chemicals. • Water should not be poured over chemicals, pour the chemicals into water. • Do you know what your local government health regulations recommend as safe levels for swimming pool water? • How regularly do you monitor the clarity and quality of your pool water? • Are chemicals stored out of reach of children? • Are your chemicals stored in a cool dry area away from sunlight? • Do you use protective equipment (gloves and eyewear) when handling pool chemicals?
If your pool fails a water test at any stage DO NOT allow anyone to swim in it until it is corrected.
Why are the laws so tough?
It is in the public interest. The Regulatory Impact Statement of the proposed Swimming Pools Regulation 2008 sets out the reasons why the NSW Government regulates swimming and spa pools.
NSW Government advice
• Safewater NSW - provides further information on: fencing backyard pools; frequently asked questions; information in community languages; checklists for pool owners.
• Swimsafe - Department of Arts, Sport and Recreation information regarding swimming lessons. • Division of Local Government – provides advice about swimming pool and spa laws and requirements • Office of Fair Trading – Swimming pool safety guidelines for consumers
Non-Government Organisations
• Video: Kids Health (The Children's Hospital at Westmead) - Online video presentation with useful information for pool owners about pool fencing and the common faults.
• The Royal Lifesaving Society Australia - the largest single organisation dedicated to the teaching of lifesaving and the prevention of drowning.
• Surf Life Saving NSW – provides water safety, first aid and CPR training • Austswim - Australia's national organisation for the teaching of swimming and water safety • St John Ambulance Australia - Australia's leading provider of first aid training, first aid services at public events
and supplier of first aid kits and equipment. • Kid Safe NSW - Child Accident Prevention Foundation of Australia provide general advice. • Keep Watch – Home Pool Safety - Royal Life Saving Society information including checklist, fact sheets and
other information.
