Swimming pools must be separated from a residential dwelling by a child resistant barrier.

From 1st July 2010, swimming pools located on properties which are waterfront, on land over 2 hectares or on very small properties (230m2 or less) can no longer use the automatic exemptions from the Swimming Pools Act 1992 (Act).

Previously, pools located on the abovementioned properties could use the dwelling as the swimming pool barrier. This required all doors and windows from the dwelling to be made child resistant in accordance with the Australian Standard. Existing exempt properties may continue to use the exemption but only if the barrier is continuously kept compliant with the Australian Standard. If the barrier is found to be non-compliant, the Council may remove the old exemption and require compliance with the current Australian Standard.

For swimming pools constructed or completed before 1st September 2008, the barrier must comply with Australian Standard 1926~1986 ‘Fences and gates for private swimming pools’.

Swimming pools that commenced construction from 1st September 2008, must have a barrier that complies with Australian Standard 1926.1~2007 ‘Part 1: Safety barriers for swimming pools’.

Hard copies of the Australian Standard AS1926-1986 “Fences and gates for private swimming pools” and AS1926.1-2007 “Swimming pool safety, Part 1: Safety barriers for swimming pools” are available for viewing at Council’s Customer Service centres and Libraries.  Please note due to copyright restrictions, copies of the documents are unable to be made.

Owner's Responsibility

The Act requires the owner of premises on which a swimming pool is located to ensure that the pool is at all times surrounded by an approved child resistant barrier.

Occupier's Responsibility

It is the responsibility of the occupier to maintain the barrier in a state of good repair, and to ensure that all gates or doors providing access to the swimming pool are kept securely closed and latched at all times when not in actual use. The Act also requires the occupier to display a warning notice in the immediate vicinity of the swimming pool, detailing resuscitation techniques together with a supervision warning.

Council's Responsibility

Under the Act Council is required to:

1. Ensure that it is notified of the existence of all swimming pools to which this Act applies that are within its area
2. Promote awareness within its area of the requirements of the Act and Regulations.
3.  Investigate complaints

How to keep your pool safe

Do not leave objects near the barrier, as children may use these to climb over.  A secure pool is no substitute for responsible adult supervision. Children in or around the water must be supervised at all times.

It is essential that children are taught to swim from an early age.  Training in resuscitation techniques will give adults the skills required in an emergency situation.

The Department of Local Government’s website at www.dlg.nsw.gov.au has information and resources under the topic “Backyard Swimming Pools” which includes the brochure Swimming Pool Laws.  It also includes a Home Swimming Pool Safety Checklist and a link to the Royal Life Saving Society Australia’s home pool safety webpage at www.homepoolsafety.com.au, which includes a checklist, fact sheets and other resources relevant to private swimming pools.

Penalties

Provisions exist under the Act for on-the-spot fines to be issued without warning by Council, particularly if the required child resistant barrier is not properly maintained in accordance with the Act and Regulations and a warning notice is not displayed.

Did You Know?

• Pool covers are not a child resistant barrier
• Warning notices are compulsory for all swimming pools and spas. They can be purchased from the Mona Vale and Avalon Customer Service Centres
• Above ground swimming pools constructed since 1st September 2008, must be surrounded by a child resistant barrier.
• Pool gates must open outwards, away from the swimming pool
• A dividing fence can be used as part of the barrier.
• Swimming pool compliance certificates can be issued by Council for compliant swimming pool barriers. The Application form is available in the ‘Forms’ section of this website.