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.
Council has developed a Swimming Pool Safety Policy (PDF 174KB) in accordance with the Swimming Pools Act 1992 & Swimming Pools (Amendment) Act 2012, which outline the requirements relating to swimming pools barriers and fencing and the scope of Council's proposed inspection of privately owned swimming pools, particularly those considered to be 'high risk'. The program aims to increase the level of swimming pool barrier compliance and awareness of these important requirements, within the Temora Shire.
In accordance with the Swimming Pools Act 1992, a pool compliance inspection must be carried out for privately-owned swimming pools within Temora Shire, including pools associated with the following types of premises:
- Bed and breakfast
- Hotels & Motels
- Serviced apartments
- Residential flat buildings
- Residencies having more than 2 separate dwellings
The legislation states that these accommodation types have to be inspected once every three years.
Council officers will also inspect swimming pool barriers within other residential premises, upon receipt of certain types of applications, certificates and complaints.
Home Swimming Pool Safety Checklist(PDF, 1017KB)
If you're the owner of premises with a swimming pool or spa, you must register the pool or spa on the NSW Swimming Pool Register, in accordance with the Swimming Pools Amendment Act 2012.
Registration of existing pools was required to be made before 29 October 2013. If you have not yet registered your pool, please register it as soon as possible to avoid possible penalties.
All new swimming pools and spa pools must be registered before the appointed Council or Private Accredited Certifier can issue an Occupation Certificate for the pool.
Pool Safety Self-Assessment
As a pool owner, you're also required to carry out a self-assessment of your pool and to advise if it meets the relevant pool safety standards, using the pool inspection self-assessment checklists on the Swimming Pool Register website.
The specific requirements and standards of installation principally depend upon the time of installation of the pool and also the nature and size of the property at that time.
Please refer to the specific requirements and checklists for your swimming pool or spa pool on the website for the Division of Local Government.
Pool safety self-assessment checklists help to assess if your pool meets the relevant safety standards. However, a more detailed inspection by a Council or Private Accredited Certifier may identify matters that may need to be attended to, to achieve compliance with the Swimming Pools Act 1992 and relevant standards.
Current rules for contracts of sale
Under the Conveyancing (Sale of Land) Regulation 2010 a warning notice is required within the contract of sale stating the owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992.
Prospective purchasers considering a property with a pool should get the pool inspected prior to purchasing.
At the very least, if you're buying a property with a swimming pool or spa, you should check to see if the pool is recorded in the NSW Swimming Pool Register.
Sale contract changes due in April 2016
From 29 April 2016 it will be compulsory that properties for sale with a pool have a current certificate of compliance or occupation certificate in the contract of sale.
Renting / leasing a residential property with a pool
Current rules for residential tenancy agreements
Under the Residential Tenancies Regulation 2010, the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises.
Changes due in April 2016
From 29 April 2016 landlords will be required to include a current pool certificate of compliance in the leasing agreement before being able to lease a property with a pool.