Each Australian state and territory has legislation specific to that sate or territory on swimming pool barrier compliance. The FAQ’s are a guide only and may not cover your specific situation. For a response on your swimming pool barrier compliance requirements, please contact Garth at TritonPSI at gjackson@tpsi.com.au or on 043 331 5607 .
A. The Swimming Pools Act 1992 (Pool 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 Pool 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.
A. The Pool Act applies if you have a swimming pool (indoor, outdoor, in or above ground or inflatable) where it’s situate on premises which is a residential home, company, multi-occupancy or tourist accommodation.
A. Your local council will be responsible for assessing compliance with Pool Act. The council: 1. Must implement a Swimming Pool Inspection Program by 29th October 2013. Inspections will commence thereafter. 2. Can charge up to $150 for the initial inspection and up to $100 for the second. Any subsequent inspections are free. 3. Can charge up to $70 for a compliance certificate. 4. Will be notified, by certain classes of certifies, of non-compliant pool fences if the owner does not rectify the deficiencies within a 6 week period or if the pool fence is considered a significant public hazard.
A. Pool owners that have not registered their pool by 29th October 2013 may be subject to a fine.
A. You can register your pool through: TritonPSI, Your local council or Directly with the NSW government at http://www.swimmingpoolregister.nsw.gov.au/
A. Yes. A standard spa cover that has latches on the ends of the cover and as long as they are in a good state of repair, anchored, lockable and do not provide an opening of more than 100mm it should suffice. Where there are multiple individual covers covering the spa as there is for some combined spa/pools, each individual cover will need to be secured from cover to cover as there is a potential to have an opening between these of greater than 100mm.
A. Yes. A portable pool is a swimming pool and is required to have a child – resistant barrier, ie a pool fence. The barrier has to meet the requirements of Standard AS 1926.
A. This primarily comes down to a difference in which edition of the Australian Pool Standard AS 1926 is applicable to you and your neighbors pool fences. Differences can arise due to differ pool construction times or your pool fence has been modified or altered and consequently subject to a newer edition of the Australian Standard.
A. The NSW Pool laws require pool owners to maintain their pool fences in a state of good repair.
Triggering a new standard is dependent on the extent of the repairs and as such should be
considered on a case by case basis. Call TritonPSI today if you have .
It is important to note that a repair is for maintenance and is same for same. For example, due to
corrosion one section of a metal bar pool fence is to be replaced with the same type of metal bar
fence (ie same for same). This would normally be considered repair and part of pool fence
maintenance. If the corroded section of the metal bar fence is replaced with another material, then
this could be considered modification /alteration to the pool fence, and consequently subject to
the Australian Standard applicable at the time of installation.
A. As the assessment can be complex and the consequence of non-compliance potentially tragic, we advocate seeking professional advice in assessing your compliance status.
A. As an owner of a property with a pool, you are responsible to ensure that the pool fence is compliant with the Pool Laws and standards. As the costs of repairing a deficient pool fence can not only add to the purchase cost, they can place you and your family at risk and appear at time when you least expect or can afford. TritonPSI can provide you with free tips when inspecting a potential new home with a pool. Contact us today.
A. No. A Compliance certificate is valid for 3 years, as long as compliance is maintained.
A. An occupation certificate can be used where it is issued under the Environmental Planning &
Assessment Act 1979 authorising the use of the registered swimming pool and that the certificate is
valid. A valid certificate is less than 3 years old.
In addition to Occupation Certificate, a Certificate of Registration is required. The Certificate
of Registration confirms that the pool is registered on the NSW Swimming Pool Register.
Should you need assistance in confirming that your pool is register contact TritonPSI today, or you
can look it up on the NSW Swimming Pool Register at http://www.swimmingpoolregister.nsw.gov.au
A. Yes. The Pool owner is legally bound to use the same Pool Safety Inspector. So when selecting an inspector, consider the intial and reinspection costs as this just may be the actual cost of the inspector’s fee.
A. The pool safety standard does not allow self-closing and self-latching child resistant doors which provide direct access from a building into a pool area to be used as a pool barrier, other than for indoor pools. However, some pool owners may have been granted an exemption by their local council. These exemptions (except for valid disability exemptions) end on 30 November 2015, or earlier if the property is sold or leased before then.
A. If the permanent barrier is removed or partly removed during fencing works, a temporary fence is required to be installed while the works proceed and must meet the pool standards.
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