Swimming
Pools
All outdoor swimming pools and spas constructed or installed after 1st August
1990 must be surrounded by an approved child resistant barrier.
The barrier must separate the pool from any residential building
situated on the premises. The barrier must be designed, constructed,
installed and maintained in accordance with Australian Standard
AS 1926-1986 Fencing for Swimming Pools.
It is essential that home owners and occupiers ensure that swimming
pool fencing and other barriers are maintained in a good condition.
All access gates must be self-closing and self-latching at all times.
Remember, always keep watch when children are in and around water.
There is no substitute for constant adult supervision. Children
in and around swimming pools and spas should be watched at all times,
irrespective of their swimming ability.
Spas
In Australia and overseas there have been fatalities and injuries linked to poorly designed, installed and maintained spas. These usually result from users, particularly children being trapped by the suction outlet systems.
To minimise the risk of injury, NSW Fair Trading has produced a
spa pool safety guide. It includes important safety information about the positioning and operation of the suction outlets of spas that certifiers and those involved in building or installing spa pools need to be aware of.
Regulations
about Private Swimming Pools (Existing and New)
Tragically, each year children drown in backyard swimming pools.
Many more suffer serious injuries or permanent damage as a result
of near-drowning experiences.
The Swimming Pools Act 1992 was introduced as a vital step in improving
pool safety for children. By ensuring that adequate swimming pool
barriers and warning notices the Swimming Pools Act 1992 and other
associated legislation aim to prevent future tragedies.
Owner's
Responsibility
The Swimming Pools Act 1992 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, which separate
the pool from any residential building.
You must ensure that the swimming pool contains within its bounds
no structure apart from the swimming pool and such other structures
(such as diving boards and pool filtration plants) that are wholly
ancillary to the swimming pool.
You must always keep your fence in good repair and gates and doors
in good working condition. It is important that you ensure that
doors and gates providing access to the swimming pool are kept securely
closed at all times when not in actual use.
All pool owners must display a prescribed warning notice in a prominent
position in the immediate vicinity of the swimming pool. The sign
gives a supervision warning and the details of resuscitation techniques.
These signs are available from Council and community organizations
such as The Royal Life Saving Society and may also be obtained from
pool shops and other outlets. The
Cardiopulmonary Resuscitation Guide can be viewed at http://www.resus.org.au.
The requirements
for child-resistant barriers on premises where there is a residential
building vary according to when the pool was constructed and where
the pool is located:
- For pools on residential land constructed after
1 August 1990, the pool must be surrounded by a child-resistant
barrier that separates the pool from any residential building
situated on the premise and from any place adjoining the premises.
The child-resistant barrier must be designed, constructed, installed
and maintained in accordance with the Australian Standard for
Fences and gates for Private Swimming Pools (AS 1926-1986)
- For pools on residential land constructed before
1 August 1990, the pool must either be surrounded by a child-resistant
barrier (as above) or the means of access from the building to
the pool must be restricted at all times. The standard for restriction,
eg: by a child-safe windows and doors, are set out in the Swimming
Pools Regulation 1998.
Under the
Act and Regulation special requirements apply to indoor pools, spas,
pools situated on premises that have dwellings, movable dwellings,
hotels or motels, premises having an area less than 230 square metres,
large properties having an area more than 2000 square metres, and
properties having frontage to any large body of water. Please contact
Council on 9911 3555 for more details about these special requirements.
Occupier's
Responsibility
If you are renting a property under a residential tenancy agreement,
the Residential Tenancies Act provides that:
- The landlord is responsible for providing and
maintaining the premises in a reasonable state of repair
- The tenant is not to intentionally or negligently
damage the premises and the tenant must notify the landlord or
any damage
- The tenant may carry out urgent repairs and be
reimbursed up to the value of $500 for any fault or damage that
causes premises to be unsafe
The Swimming Pool Act 1992 also requires the occupier to display
a prescribed warning notice in the immediate vicinity of the swimming
pool, detailing resuscitation techniques together with a supervision
warning. Safety notices are available for purchase from Council's
offices.
Council's
Responsibility
Council has a responsibility for administering
the Swimming Pools Act and Regulation in the local area. Under the
Act Council must ensure that they:
- Keep a register of all pools within its area.
- Promote awareness within its area of the requirements
of the Swimming Pools Act 1992 and Regulations.
- Administer
the requirements of the Act.
Advice on how to keep your pool safe
The following is a quick checklist of important pool safety measures
which may help you keep your pool safe:
- Do not leave objects near the pool fence, as children
may use these to climb over.
- Always leave your filter covered so that small
children can't get into it
- Always keep your fence in good repair and gates
and doors and window locks in good working condition
- It is essential that children are taught to swim
from an early age.
- Parents are also encouraged to learn resuscitation
techniques in case of an emergency. Resuscitation training is
available through the Royal
Life Saving Society of Australia.
Never
leave children alone in the pool area. A secure pool is no substitute
for responsible adult supervision. Children in or around the water
must be supervised at all times, no matter what their swimming ability.
Penalties
Provisions
exist under the Act which lists various on-the-spot fines that may
be imposed without warning by Council. If your pool does not comply
with the requirements of the Act then Council will advise you of
which steps you would need to take in your particular circumstances.
Council may serve you with a notice requiring you to comply within
a reasonable timeframe. In any notices Council must give reasons
for its decision to issue you with the notice. You are entitled
to appeal against these notices to the Land and Environment Court.
Further
Information
For more information on these important requirements,
please contact Council's on 9911 3555.
To check if your pool meets the requirements of the Act, pool owners
can also apply to Council for a Swimming Pool Compliance Certificate,
for a fee of $60. If the pool does not comply, Council will provide
you with a reasonable period in which to comply with the relevant
requirements.
Other Useful Contacts
The Swimming Pools
Act and Regulation can be purchased from the NSW Government
Information Service Ph (02) 9743 7200
Australian Standard AS
1926-1986 can be purchased from Standards
Australia
Ph 1300 65 46 46
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