Pool owner responsibilities
Home pool environments can be a great source of fun and relaxation, however can also pose a great risk, especially to young children. There are some guidelines you must follow to not only comply with the relevant laws, but to help keep everyone safe.
All pools and spas now need to be registered on the NSW Swimming Pool Register.
Penalties may apply to pool owners who have not registered their pool on the NSW Swimming Pool Register, so if you have not already registered, do so now.
Every swimming pool that is capable of holding 300mm depth of water needs a child resistant barrier that complies with Australian Standards and the Swimming Pools Act 1992, regardless of what type of pool it is, even blow up pools.
All pool fences must be designed, constructed, installed and maintained in accordance with AS1926.1-2012. There are some exemptions in the Swimming Pools Act 1992 that may allow a pool barrier to comply with an earlier standard. For example, if a pool barrier has always complied, and continues to comply with an earlier Australian Standard, and there has been no significant alterations to the barrier, it may be allowed to continue to comply with the earlier Standard. However, the onus is on the owner of the property to demonstrate that the exemption can be applied. Evidence that may be required in order for Council’s Pool Inspectors to lawfully allow the exemptions include:
- Construction & occupation certificates of the swimming pool
- Certificate of compliances for the swimming pool barrier
- Historical photographs of the pool
- Previous swimming pool barrier inspection report
The NSW Government has developed a range of pool inspection self-assessment checklists to help you understand your particular pool/spa barrier requirements. Please refer to the specific pool checklist relevant to you.
Council performs swimming pool inspections in accordance with State legislation and the relevant Australian Standard. Where an application for inspection (and any subsequent re-inspection) has been made and found to comply, then a Certificate of Compliance will be issued for the pool barrier, which is valid for three years.
- At least once every three years for any property providing tourist or visitor accommodation, or more than two dwellings.
- Where a property owner makes an application for an inspection.
- Where a property containing a swimming pool is being sold or leased (leased properties must reapply for a Certificate of Compliance every three years).
- Where Council has received a complaint about a swimming pool barrier.
Booking an inspection
You can arrange a pool barrier inspection by:
Printing the Swimming Pool/Spa Barrier Certificate of Compliance form, submitting the completed form and paying the required fee to Council, either through email to [email protected], by mail to PO Box 220, Maitland, NSW, 2320 or in person at Council's Administration Building.
- Inspection fee is $150
- Re-inspection fee is $100
- Application for exemption under Section 22 of the Swimming Pools Act 1992 is $250.