Swimming Pools – asset or liability?
Pool owners are required by law to maintain the safety of their pool area and ensure that children are properly supervised at all times. The Swimming Pools Act 1992 applies to swimming pools and spas that are located or being constructed, on sites with residential buildings, movable dwellings or tourist/visitor accommodation.
Homeowners’ Responsibilities:
It is the responsibility of pool owners to register their pools online on the NSW Swimming Pool Register. A Certificate of Registration will be issued to the pool owner.
Home owners of properties with swimming pools must :
- ensure that there is a child resistant safety barrier that separates the pool from any residential building;
- keep accessible doors and gates that provide access closed;
- ensure fences are constructed and installed in compliance with relevant Australian standards.
- display a CPR sign in a visible location that can be read easily 3 metres from the pool.
Since 1 September 2019, new CPR signs came into effect and all new pools must display the updated signs. (Owners of existing pools aren’t required to update their signage unless the pool barrier is altered or rebuilt).
Do that note it is not just inground or aboveground swimming pools that must adhere to these strict safety measures. Any portable or inflatable pool that is capable of being filled to a depth of 30cm must also be surrounded by a pool safety barrier and be compliant with the above rules.
The following list provides some examples of swimming pool compliances in NSW:
- There is a latch on every accessible gate to the height of 1500mm above floor level.
- There are no pet doors or openings to the pool area greater than 100mm.
- The swimming pool has a child-resistant barrier separating the pool from the dwelling.
- The outside of the pool fence is at least 1800mm high all the way around. (Pools built prior to 1 September 2008 have a height compliance of 1200mm).
- The gap between the bottom of the fence and the ground is no more than 100mm.
- Vertical rails are less than 100mm apart.
- To have a non-climbable zone around the pool nothing must be within 900mm when the zone is measured in an arc shape from the top of the pool fence towards the ground.
- The pool fence is well maintained e.g. no broken parts.
- The gate swings freely and latches by itself. The latch is in good working order.
- The gate opens outwards from the pool and must not be propped open.
- The gate latch must be 1500mm above ground level.
- The pool fence is clear of any objects e.g. Pot plants, rocks, decking, shrubs etc.
- The CPR sign must be displayed and able to be seen from 3 metres.
Pools under Construction:
If a pool is under construction, a sign has to be displayed stating that the pool is not to be used or occupied. The sign must stay displayed while the pool is under construction and only removed when a Certificate of Compliance or Occupation Certificate has been issued.
Selling a property with a swimming pool or spa:
Vendors must ensure that the contract of sale includes a Registration Certificate issued from the Swimming Pool Register together with:
- a valid Certificate of Compliance;
- a relevant Occupation Certificate issued within the last 3 years; or
- a Certificate of Non-Compliance.
If one of the above is not included, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred.
If a Certificate of Non-Compliance is attached to the contract, the purchaser takes on the obligation of obtaining a Certificate of Compliance. The purchaser then has 90 days from settlement to rectify defects listed in the Certificate of Non-Compliance and then obtain a Certificate of Compliance.
How to obtain a Certificate of Compliance:
Local Councils and Registered Swimming Pool Inspectors or Certifiers can inspect pool and spa barriers and issue a Certificate of Compliance, if the requirements are met.
It is important that pool owners should contact their local Council or a private Certifier early to organise an inspection before a property is rented or sold. Once issued, the Certificate of Compliance is valid for 3 years.
Prospective purchasers can visit the NSW Swimming Pool Register website to check if a Certificate of Compliance has been issued for a particular property.
Renting a property with a swimming pool or spa:
When a Residential Tenancy Agreement is entered into for a property with a swimming pool or spa, the Landlord or Real Estate Agent must provide the tenant with a copy of the Certificate of Compliance or Occupation Certificate. A Certificate of Non-Compliance can not be used for a rental property.
Strata property with swimming pools or spas:
In a Strata scheme, all the lot owners jointly own any swimming pool or spa that is on the common property. The Owners’ Corporation, or Body Corporate is responsible for ensuring the compliance of pools or spas.
Safety hazards to be aware of:
Skimming systems have caused several incidents where children have become trapped due to their “potty style” skimmer boxes. Also cleaning systems using suction outlets located on the bottom of the pool. Children should be kept away from playing near any pool outlets or equipment.
It is important to be aware of the location of the on/off switch for the pool filtration system. Pools and electricity are a lethal combination. If the pool or spa has an electrical pump and filter system, it is important to:
- ensure the pump and filter have an electrical safety approval number;
- are suitable for outdoor use;
- have an electrician install a safety switch and all-weather power outlet.
Things to be aware of when constructing a new pool or spa:
- obtain the required planning consent from Council;
- use a builder licensed by Fair Trading;
- appoint a Council or private Certifier;
- install child-resistant temporary fencing around the pool during construction;
- ensure the pool fence complies with the Building Code of Australia;
- arrange an inspection by a Certifier once permanent fencing is installed;
- do not allow the pool to be used until an Occupation Certificate has been issued; and
- display signage stating that the pool is not to be used until the Occupation Certificate is issued.
Always check with relevant Council and State Laws regarding swimming pool compliance.