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Legislation
The Swimming Pools Act 1992 and its regulations (current version 2018) work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools.
These documents have been updated a number of times and, as a result, there may be varying versions which refer to your barrier compliance requirements.
The legislation can be found here on the NSW site https://legislation.nsw.gov.au
· Swimming Pools Act 1992
https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-049
· Swimming Pools Regulation 2018
https://legislation.nsw.gov.au/view/html/inforce/current/sl-2018-0503
Australian Standard/s
A draft revision of the Standard is now out for comment.
You will require a Standards Australia log in to comment. https://comment.standards.org.au/
DR AS 1926.1:2023 Swimming pool safety, Part 1: Safety barriers for swimming pools
· Comment Start Date: 12/10/2023 Comment End Date: 14/12/2023
The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.
The requirements for child-resistant barriers vary depending on when the pool was built and where the pool is located.
There are 3 different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:
· AS 1926-1986, fences and gates for private swimming pools which applies to pools constructed prior to 30 August 2008
· AS 1926.1 - 2007, swimming pool safety, Part 1 safety barriers for swimming pools which applies to pools constructed between 1 September 2008 to 30 April 2013
· AS1926.1 - 2012, swimming pool safety, Part 1 safety barriers for swimming pools constructed after 1 May 2013
General Summary
Pools built before 1 August 1990
Access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.
Pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply if the pool is part of
a very small property (less than 230 square metres)
a large property (2 hectares or over)
a waterfront property.
Pools built from 1 July 2010
All new pools must be surrounded by a fence that separates the pool from the house.
Note: If the swimming pool barrier is modified or altered, then the current Swimming Pools Act 1992, Swimming Pools Regulation 2018 and Australian Standard AS1926.1-2012 is applied and previous exemptions cease.
Swimming Pool Regulation Clause 29 Public access to Australian Standards, Building Code of Australia and Cardiopulmonary Resuscitation Guideline
(1) Each local authority must ensure that an electronic version, and if requested a paper copy of a relevant extract of the applicable Australian standards, the Building Code of Australia and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the local authority during ordinary business hours.
(2) Each local authority must ensure that the Cardiopulmonary Resuscitation Guideline is available for viewing on its website.
(3) In this clause:
applicable Australian standards means all of the following:
(a) AS 1926—1986, Fences and gates for private swimming pools as published by Standards Australia on 4 August 1986,
(b) AS 1926.1—2007,
(c) AS 1926.1—2012, Swimming pool safety, Part 1: Safety barriers for swimming pools as published by Standards Australia on 6 November 2012, including any subsequent editions,
(d) AS 1926.2—2007, Swimming pool safety, Part 2: Location of safety barriers for swimming pools as published by Standards Australia on 12 July 2007, including any subsequent editions.
Laws for buying, selling or leasing a property with a swimming pool in NSW
Properties to be sold with a pool must have:
· A certificate of registration AND
· A certificate of compliance; or
· A relevant occupation certificate; or
· A certificate of non-compliance.
Properties to be leased with a pool must have:
· a certificate of registration AND
· A certificate of compliance; or
· A relevant occupation certificate.
What is exempt?
These laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.
This information sheet should be read in conjunction with the NSW Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation
Where do I go for additional assistance?
Your real estate agent, solicitor, conveyancer, strata manager or local authority (council) will be able to assist you
Legislation can be found on the NSW legislation website. The Acts and Regulations of relevance are:
· The Swimming Pools Act 1992
· The Swimming Pools Regulation 2018
· The Conveyancing Act 1919
· The Conveyancing (Sale of Land) Regulation 2010
· The Residential Tenancies Regulation 2010 (schedule 1 – Standard Form Agreement)
· The Property Stock and Business Agents Act 2002
The amending regulations are:
· The Swimming Pools Amendment (Inspections) Regulation
· The Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation
· The Residential Tenancies Amendment (Swimming Pools) Regulation
Inspector/Certifier Obligations:
· At the request of the owner, inspect the swimming pool barrier.
· If the pool barrier is compliant, issue a certificate of compliance within three days of the date of inspection.
· If the pool barrier is non-compliant, issue a written notice under section 22E of the NSW Swimming Pools Act 1992 and a certificate of non-compliance within seven days of the date of inspection.
· Certificates of compliance, certificates of non-compliance and registration certificates are only valid when issued from the NSW Swimming Pools Register.
· The local council must be notified immediately if you are of the opinion that the swimming pool poses a significant risk to public safety.
· A copy of the section 22E written notice should be provided to the relevant local council:
· Immediately where the pool poses a significant risk to public safety; or
· Within five days after the expiry of six weeks from the date of inspection if the owner fails to rectify pool barrier non-compliances.
Contents of warning notices
(3) The occupier of any premises in or on which a swimming pool (not including a spa pool) is being constructed must ensure that a sign is erected and maintained that:
(a) bears a notice containing the words “This swimming pool is not to be occupied or used”, and
(b) is located in a prominent position in the immediate vicinity of that swimming pool, and
(c) continues to be erected and maintained until a relevant occupation certificate or a certificate of compliance has been issued for that swimming pool.
Maximum penalty: 5 penalty units.
Note. The signage requirements in subclause (3) are in addition to any signage that may be required under the Environmental Planning and Assessment Act 1979 or any other Act.
Enquiries
For inspections you can contact your local council or private certifier/private pool inspector
For further home pool safety information, you can contact a water safety organisation such as Royal Life Saving Australia, your local council or your local pool supplies retailer.
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