Swimming Pool Legislation

Swimming pools are a fantastic way to enjoy your days in our hot summer months. However, as many people are aware, pools can be dangerous, particularly to young children. The Inverell Shire Council wants you to enjoy your pool and be safe in doing so.

New swimming pool legislation and changes that affect you

New laws apply to the sale or lease of properties with a pool in NSW.

These changes have been introduced to further protect the safety of children under the age of five around backyard swimming pools. 

From 29 April 2016, properties sold with a pool must have either:

  • A certificate of compliance; or
  • A relevant occupation certificate and a certificate of registration; or
  • A certificate of non-compliance. 

From 29 April 2016, properties leased with a pool must have either:

  • A certificate of compliance; or
  • A certificate of non-compliance.
  • A relevant occupation certificate and a certificate of registration

For more details please visit the Office of Local Government's page.

For any further information or questions, please contact Council's Building Surveyor on (02) 6728 8241.

Legislation

In New South Wales, the Swimming Pools Act 1992 requires that all swimming pools have an appropriate child resistant barrier that restricts access between the residence and the swimming pool. This legislation provides that owners may be fined if the pool fence or other appropriate child resistant barrier does not meet the legal requirements.

A swimming pool is defined by the Swimming Pools Act 1992 as:

Any excavation, structure or vessel:

  1. Capable of being filled with water to a depth of 300mm or more, and;
  2. Solely used, designed, manufactured or adapted to be used for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated in a bathroom or any other circumstance declared by the regulations not be a swimming pool.

Installation of a Swimming Pool

The installation of a swimming pool requires the consent of Council or an Accredited Certifier. This consent may be via the following:

  1. Complying Development Certificate (CDC). This type of approval applies in some circumstances.
  2. Development Consent (DC) & Construction Certificate (CC). These approvals are applicable when unable to be a CDC.

DC’s must be issued by Council, however CDC’s or CC’s can be issued by either Council or an Accredited Certifier. Please contact Council’s Planning and Development Division for information on what application will be applicable to you.

BASIX Certificates

BASIX (Building Sustainability Index) Certificates are generated via an on-line energy efficiency assessment tool. Any new swimming pool to be installed which has a capacity in excess of 40,000L must have a BASIX Certificate.

For further information on BASIX Certificates go to the BASIX website.

Swimming Pool Fence Checklist and Assessment

The swimming pool checklist below, (developed by the NSW Water Safety Taskforce in consultation with local councils), has been designed to assist pool owners determine whether their pool fence or other barrier complies with the legislation.

As there are different fencing requirements for swimming pools depending on when and where the pool was installed, three checklists have been provided below. Pool owners are asked to complete the checklist that applies to their property and swimming pool. If you don’t know when your pool was built, contact Council’s Planning and Development Division

For each question in the appropriate checklist answer “yes” or “no” as to whether your pool fence meets the specific requirement. If you answer “no” to any of these questions your pool may be in breach of the legislation and unsafe. Please contact Council if you have any concerns.

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Home Pool Safety Checklist

All pools installed after 1 August, 1990 excluding pools on very small properties (less than 230m2), large properties (greater than 2 hectares) and waterfront properties.

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Home Pool Safety Checklist - Small Properties

All pools installed on very small properties (less than 230m2); and all pools installed before 1 August, 1990 excluding pools on large properties (greater than 2 hectares) and pools on waterfront properties.

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Home Pool Safety Checklist - Large Properties and Waterfront Properties

All pools on large properties (area greater than 2 hectares); and all pools on waterfront properties regardless of when they were installed.

Australian Standard AS: 1926.1 – 2007, Swimming Pool Safety Part 1: safety barriers for swimming pools.  

The Swimming Pools Act 1992 currently calls up this Australian Standard in relation to pool safety and fencing requirements. A copy of the standard is available to be viewed at Council’s administration building (located at 144 Otho Street, Inverell), or alternatively a copy can be purchased at SAI Global

Cardiopulmonary Resuscitation (CPR)

CPR flow charts (signs) are required within the pool area and need to be clearly visible and legible from a distance of 3m. Council has CPR flow charts/signs which can be purchased from the Inverell Shire Council Administration Centre located at 144 Otho Street, Inverell. A CPR fact sheet can also be found below:

Icon Form CPR Fact Sheet

Swimming Pool Compliance Certificate 

You can apply to Council for a certificate which certifies that a swimming pool complies with the relevant requirements of the Swimming Pools Act 1992. An application form for a Swimming Pool Compliance Certificate can be found below. 

Icon Form Swimming Pool Compliance Certificate

Please note that Council publications are available in Portable Document Format (PDF) and require Abobe Acrobat to open. Adobe Acrobat Reader is available from the Adobe website www.adobe.com.  Adobe Acrobat software has an embeded 'screen reader' which can read aloud the text in most PDF files and is available for free at www.adobe.com/products/acrobat/readermain.html