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Residential Swimming Pools
In NSW, it is a legal requirement to provide swimming pool isolation fencing and other approved child-resistant barriers around swimming pools and spa pools.
These laws apply to all existing and proposed pools both inground and above ground which are capable of being filled with water to a depth of 300 millimetres or more.
These requirements also apply to most inflatable swimming pools sold through department stores.
A pool is defined under the Swimming Pools Act 1992 as:
an excavation, structure or vessel:
- that is capable of being filled with water to a depth of 300 millimetres or more; and
- that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or other human aquatic activity,
- and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulation not to be a swimming pool for the purposes of this Act.
An approval in the form of a Complying Development Certificate, or a Development Application / Construction Certificate is required prior to the construction or installation of any new swimming pool.
The owner of a property is responsible for ensuring appropriate consent is obtained for the installation of a swimming pool, and in addition, that their swimming pool and associated isolation fencing complies with the Swimming Pools Act 1992, the Swimming Pools Regulation 2008 and Australian Standard AS 1926.1 - 2007.
Council officers may issue a Penalty Infringement Notice or a Notice to direct an owner to comply with these legislative requirements.
Council has produced a
Swimming Pool Guidelines
To further promote awareness of swimming pool safety, the NSW Government, through the Department of Local Government and the Sydney Children's Hospitals Network have published a number of checklists and guidelines to highlight the responsibilities and legal obligations associated with owning a swimming pool.
Copies of these resources can be found at:
http://www.dlg.nsw.gov.au/dlg/dlghome/PublicTopicsIndex.asp?mi=0&ml=10&id=12
and
www.kidshealth.chw.edu.au/projects/drowning-prevention/swimming-pool-fencing
Should you require any further information in relation to swimming pool isolation fencing, please contact Council's Duty Building Surveyor through Blacktown Council's Information Centre on (02) 9839-6000.
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