What is the definition of a swimming pool?
The Swimming Pools Act describes a swimming pool as an excavation, structure or vessel:

  • that is capable of being filled with water to a depth of greater than 300 millimetres
  • 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 any other human aquatic activity.A spa pool is classified as a swimming pool by the Act. The definition of a spa includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like, but not a spa bath.

What changes have been made to fencing requirements in the Swimming Pools Amendment Act 2012?
None.
The requirements for fencing remain the same as prior to the Swimming Pools Amendment Act 2012.


Do I need to fence (install a child-resistance barrier) for my fish pond?
No.

If a fish pond has been designed and, manufactured to be solely used as a fish pond, then no child-resistant barrier is required.


Do I need to fence (install a child-resistance barrier) for my spa?
You need to fence your spa pool if it is not covered and secured by a lockable lid.


Does my portable pool need to be fenced (have a child-resistant barrier installed)?
Yes.

By definition, a portable pool is a swimming pool and is required to be fenced (child-resistant barrier). The fence/barrier has to meet the requirements of Standard AS 1926-1 (Building Code of Australia).


Will pool owners with existing pools that have exemptions for fencing requirements now be required to upgrade their pool barriers?
No.
However, if a pool owner has voluntarily fenced the pool or has made substantial changes, then any exemption is voided and the pool must meet its particular fencing requirements.


Whose responsibility is it to make sure children are safe around private pools?
The pool owner. While the Government provides the legislative framework to ensure a high standard of private pool barrier fencing, ultimate responsibility for pool safety lies with pool owner/s to ensure that their pool barriers comply with the prescribed standard, and with parents and carers of young children to ensure that they are adequately supervised around pools at all times.


Can I get a Compliance Certificate for peace of mind, even if I’m not selling or leasing my property?
Yes
You can organise for a private certifier or a council officer to inspect your pool. A fee will be charged.


How do I find out which Australian Standard applies to my pool fence?
Checklists are available at: www.dlg.nsw.gov.au and www.swimmingpoolregister.nsw.gov.au.


I own a home unit in a complex that has a swimming pool. Do I need a compliance certificate before I can sell or lease it?
Not yet.
After 29 April 2016 you will need a pool compliance certificate to sell or lease your unit. Your body corporate or strata manager will hold the compliance certificate on behalf of all unit holders and make it available to pool owners when or if required.


I am looking at selling my property with a pool. What are my responsibilities?
From 29 October 2013, your pool must have been registered on the NSW Swimming Pool Register.
From 29 April 2016, you will need to have a current swimming pool compliance certificate.


My current compliance certificate will soon expire (after three years). Do I need to get another compliance certificate before it expires?
Only tourist, visitor and multi-occupancy developments automatically need a current compliance certificate.
You do not need to update your compliance certificate unless you are selling or leasing your property after 29 April 2016.


Do I need to get another compliance certificate every time I lease my property to a new tenant?
No.
A compliance certificate is valid for three years.

 

 

 

Questions/Answers above are from the NSW Swimming Pool Register website