Does this relate to me?
Under the Swimming Pools Act 1992 the owner of a swimming pool has the responsibility to ensure that the pool is at all times surrounded by a complying child-resistant pool safety barrier.
Pool safety barriers must be maintained in a good state of repair as an effective and safe barrier restricting access to the pool.
The Swimming Pools Act 1992 requires that Council be notified of all swimming pools (including spas) in the area, either in writing or by completing the Notification & Registration Form and forwarding it to Council's Planning and Environment Division (pools previously approved under a Building Approval, Complying Development Certificate or Construction Certificate are already contained on Council record).
What is pool safety?
Pool safety is a system of child-resistant barriers that restrict access to the pool area by children. Two factors are consistently identified with pool drownings and near drownings; access to the pool and adult supervision.
If access to the pool is restricted and maintained the child is more likely to be supervised as someone has to let the child into the pool area.
Why is pool safety important?
Although child deaths in NSW fell almost 40% in the past decade, the number of child drownings in backyard pools has not changed.
The majority of child drownings occur in private pools/ spas.
National drowning statistics 2006-07 - supplied by 2007 National and NSW drowning reports:
- 35 young children 0-4 years drowned, this is 13% of all drownings (8 in NSW)
- 19 males, 16 females (NSW - 5 male, 3 female)
- 16 drowned in swimming pools, of which 15 were home pools (4 in NSW)
- 6 drowned in bathtubs (1 in NSW)
- 9 drowned in rivers, lakes, dams or creeks (3 in NSW)
- 4 drowned in unknown locations (0 in NSW)
Between 2000-2005 in NSW there were 35 drownings, of which:
- 21 were in the child's own home pool
- 12 were at a relative/ friend/ neighbour's pool
- 2 drownings were at other locations
If you own a pool or occupy a property with a pool, you have a direct impact on pool safety. It is vital that swimming pool fencing and other barriers are maintained in a good condition and that all gates are self-closing and self-latching at all times. You are part of the Action Plan for Pool Safety.
In addition parents and carers are encouraged to introduce their children to water safety at an early age and to attend swimming classes.
Prefabricated self installed pools
Prefabricated pools capable of being filled with water to a depth 300mm or more require approval but more importantly require child-resistant barriers to prevent access to the pool by children.
Before buying a prefabricated pool request additional information from Council on 6591 7222.
Pool safety barriers
Pool safety legislation commenced in 1990. Pools constructed prior to the legislation were required to be upgraded to comply with the new legislation by 1992.
Does your Pool Comply?
Pool Safety Barriers must comply with AS1926.1-2007 including boundary fences used as part of a pool safety barrier.
General Requirement
Pools must be separated from residential buildings and adjoining public or private properties by child-resistant barriers in accordance with the Regulations and AS1926.1-2007. Gates must be self-closing and self-latching and open outwards from the pool.
Fencing requirements
In NSW, there are legal requirements for pool fencing and other approved child-resistant barriers to be installed around all swimming pools and spa pools.
These laws apply to all outdoor and indoor pools. Penalties for failing to comply with these requirements range from $220 to $1100. Council officers can also issue a Notice to direct a person to comply with these requirements.
The legislation and full requirements are very detailed, so pool owners are advised to refer to the Swimming Pools Act 1992 , the Swimming Pools Regulation 2008 and Australian Standard AS 1926.1 - 2007 for the complete requirements.
Pool fencing must comply with AS1926.1-2007. The requirements are:
- minimum height 1200mm.
- minimum 900mm separation between the upper and lower horizontal members to maintain non-climbable zone.
- maximum 100mm gap under the fence.
- maximum 100mm gap in vertical members including any flex in material.
- non-climbable zone extents from the barrier 300mm into pool area and 900mm outside pool area.
Australian Standard 1926.1-2007 provides details on a variety of barrier situations such as boundary fencing, retaining walls, cliff faces, balconies etc.
Pool gates
- Gates must be self-closing and self-latching and must be closed at all times.
- Gates to open outwards from the pool area.
- No double gates are permitted.
-
Latch release mechanism to be 1.5-metres above the ground except where a shield is used. If a shield is used the latch is positioned on the pool side near the top of the gate. The shield makes it necessary to reach over the gate to release the latch mechanism.
-
Gate width is to be kept to a minimum (no more than 1-metre) to minimise the possibility of the weight of the gate causing the gate to drop with the self-latching mechanism failing.
Resuscitation / warning sign
All pools require a Resuscitation Chart/ Warning Notice to be displayed in a prominent position in the immediate vicinity of the pool.
The following warning statements must be contained within the Resuscitation Sign:
- "Young Children should be supervised when using this swimming pool"
- "Pool gates must be kept closed at all times"
- "Keep articles, objects and structures at least 900mm clear of the pool fence at all times"
The Resuscitation sign
- must be legible from a distance of at least 3 metres
- must be maintained in a clearly legible condition
Any approved sign erected between 1 September 1995 and 31 August 2008 does not require replacement and may be retained. However it is recommended that signs more than 3 years old be replaced, due to changes in best practice resuscitation techniques.
Parents and carers are encouraged to learn resuscitation techniques in case of an emergency.
Spa pool safety
Spa pools are also covered by the legislation and should be separated by a child-resistant pool safety barrier in accordance with Australian Standard AS1926.1-2007. Alternatively, the spa pool must be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh).
What can I do?
- Check there are adequate pool safety barriers in place separating the pool from the residence, adjoining properties and the neighbourhood.
- Are these barriers compliant with current legislation?
- Ensure all of the pool safety barriers are maintained and operating eg check gates are self-closing and self-latching.
- Supervise children when using the swimming pool.
- Make sure pool gates are kept closed at all times.
- Keep articles, objects and structures at least 900mm clear of the pool fence at all times, eg chairs, pot plants.
Pool certificate of compliance
If purchasing a property with a pool, or you just want peace of mind, apply for a Pool Certificate of Compliance from Council.
To arrange a Swimming Pool Certificate of Compliance inspection, call the Customer Service Centre on 65917222 for an application form. For a fee, Council's Building Surveyor will inspect the pool and provide you with a compliance report.
More information
Information on water safety when around swimming pools, resuscitation, swimming pool laws and home swimming pool safety checklist:
It is a requirement under Swimming Pools Regulation 2008 that a copy of Australian Standard AS 1926.1-2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools be made available for public inspection at no cost at each public office of the local authority during ordinary business hours.
It is important to note that simply clicking on the link will NOT give you access to the standard and each person accessing the document will be required to register their email address initially. This will only need to be done once.
https://saiglobal.watchdox.com/doc?a=ov&c=a1kxSAZfIAsjjEyCb/o5ikg
Contact Details:
council@greatlakes.nsw.gov.au
Last Updated: 10/02/2012