Swimming Pool Safety

In 2012, a comprehensive review of the Swimming Pools Act 1992 (NSW) 2 was finalised. This review identified a number of amendments designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools in NSW.

The new laws include:

Online Pool Register

Pool owners must register their swimming pool and/or spa pool in a State-wide pool register. Penalties will apply for failing to register.

Registrations are free of charge at Swimming Pool Registrations.

If unable to access the internet, Mosman pool owners can visit Council during business hours and Council can assist in registering their pool.

Selling or Leasing a Property with a Pool

Since 29 April 2016, a pool owner must obtain a swimming pool certificate of compliance or a relevant occupation certificate before they can sell or lease their property.

All contracts for sale that exchanged after 29 April 2016 must have either a swimming pool certificate of compliance or a certificate of non-compliance.

Vendors are now able to transfer the obligation of obtaining a certificate of compliance to the purchaser. The transfer of obligation will be realised through the attachment of a certificate of non-compliance to the contract for sale.

The buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.

How to obtain a Certificate of Compliance

A Certificate of compliance or non-compliance is required before selling a property. A certificate of compliance is valid for three years.

Visit the NSW Swimming Pool Register to check if a certificate of compliance has been issued for a particular property.

A list of swimming pool inspectors (private certifiers) who are authorised to conduct inspections and issue certificates is available on the NSW Swimming Pool Register.

Tourist and Visitor Accommodation

Since 29 April 2014, a Swimming Pool Certificate of Compliance is required for properties on which there is tourist and visitor accommodation or more than 2 dwellings at least once every 3 years.

Owners may request an inspection at any time

Pool owners can make an application to Council for a Swimming Pool Certificate of Compliance at any time, regardless of whether they intend on selling or leasing their property.

The Certificate will be valid for 3 years, so long as the fencing remains compliant in that time.

Council’s Mandatory Inspection Program

Council has developed a swimming pool barrier inspection program which was implemented following the conclusion of the 2013 online pool registration period.

Report annually (via Council‘s Annual Report) on the number of pool inspections undertaken and the level of compliance with the requirement.

Related Links:

• Office of Local Government
• Swimming Pools Act
• Cardiopulmonary Resuscitation Council

Under the Swimming Pools Act 1992 (NSW) 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 fence or safety barrier. This legislation provides that owners may be fined if the pool fence or other appropriate child resistant barrier does not meet the legal requirements. Pool fences must be maintained in a good state of repair as an effective and safe barrier restricting access to the pool. A swimming pool is defined under the Act as an excavation, structure or vessel:

• that is capable of being filled with water to a depth greater than 300 mm; and
• 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, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act.

General Requirements

• Pools must be separated from residential buildings and adjoining public or private properties by child-resistant barriers in accordance with the Swimming Pools Act 1992 (NSW), Swimming Pools Regulation 2018 and the Building Code of Australia.
• Gates must be self-closing and self-latching and open outwards from the pool.
• No door access from a residential building into an outdoor pool is permitted.
• Walls of above-ground pools or self-installed prefabricated pools are not accepted as a child-resistant barrier.
• Only structures associated with the pool (filter housing, etc.) are permitted within the enclosed pool area.

Fencing and Gates

Legislative requirements for Child Resistant barriers around pools:

Pool Gates

• Barrier Gates must be self-closing and self-latching and must be closed at all times.
• Gates must open outwards from the pool area.
• No double gates are permitted.
• Latch release mechanism must 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.
• The latch release must be positioned a minimum 1.5 metres above ground level & 1.4 metres from highest lower horizontal barrier member.

Pool Fencing

Pool fencing must comply with AS1926.1-2012. The requirements in general 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 extends from the barrier 300mm into pool area and 900mm outside pool area.
• Boundary fence to be 1800mm in height measured inside the pool area.

Resuscitation Warning Sign

All pools require a resuscitation chart or warning notice to be displayed in a prominent position in the immediate vicinity of the pool.

• 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 900 mm clear of the pool fence at all times.

• legible from a distance of at least three metres
• maintained in a clearly legible condition.

Resuscitation/warning signs are available for purchase from the Council‘s Customer Service Centre.

It is recommended that signs more than three years old be replaced, due to changes in best practice resuscitation techniques.

Spa Pools

Spa pools are required to meet safety regulations including fencing or lockable covers.

Spa pools are also covered by the legislation and should be separated by a child-resistant pool safety barrier in accordance with the Building Code of Australia.

Alternatively, the spa pool must be covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh). Such lockable structure must be able to be removed/installed and locked by a single person.

Pool Exemptions

Exemptions currently exist for some pools based on the age and location of the pool, provided such exemption barriers were in place at the time of the exemption and continue to be maintained as such.

Council recommends all pools be upgraded to comply with current requirements.

Between 1 August 1992 to 30 June 2010 the Swimming Pools Act 1992 provided an alternative to the general requirements as to the location of pool child-resistant barriers. These are referred to as Exemptions. This is different to site specific exemptions granted under section 22 of the Swimming Pools Act 1992.

• Pools constructed prior to 1 August 1990
• Pools on waterfront properties constructed before 1 July 2010.
• Pools on properties having an area less than 230 m² constructed before 1 July 2010.
• Pools on properties having an area of 2 hectares or more constructed before 1 July 2010.

The exemption provisions and standards vary depending on the type of exemption and date of works.

Exempt Barriers Retained

To retain the exemption that was available to the pool at the time of construction requires that such pool barriers / means of access continue to comply with the standard applicable at the time of their installation. These exemptions primarily relate to the use of child-safe/child-resistant doors as an outdoor pool barrier which the current standards do not allow.

Some pool owners are of the opinion that an exemption applies for the life of their pool. This is not correct.

• Access to a pool or pool barrier is substantially altered or rebuilt – the means of access/ pool barrier is to comply with the standards applicable at the time when it was altered/ rebuilt.
• Restricted access to a pool or pool barrier is not provided – then the exemption no longer applies and the means of access/ pool barrier is required to comply with current standards.
• Restricted access to a pool or pool barrier is not maintained or does not comply – then the exemption no longer applies and the means of access/ pool barrier is required to comply with current standards.
• Pool fenced voluntarily, once fenced the exemption can not be reinstated – where an existing swimming pool that is exempt from the Act’s fencing requirements is fenced voluntarily, such fencing must meet the Act’s requirements for a compliant, four-sided barrier (effectively ‘disapplying’ or removing the exemption). Once in place the fence can not be removed or altered to a lesser (older) standard.

• Exempt barrier was not provided/ not in place.
• Exempt barrier is not maintained or does not comply.
• Exempt barrier is removed e.g. dwelling is demolished. If the existing pool is being retained, it no longer retains the exemption and therefore requires a child-resistant barrier separating the pool from the new residence and adjoining properties, both public and private. The pool is required to be fenced prior to demolition of dwelling.
• Exempt barrier is removed/ replaced e.g. pool owner voluntarily fences the pool.
• Means of access/ pool barrier is substantially altered or rebuilt. (This includes where an existing child-safe/ child-resistant door is removed or replaced). Additions/ alterations to an existing residence removing exemption barriers or where such works provide opening that are a means of access to the pool area. Any existing pool barrier exemptions being altered/ rebuilt/ removed are lost and can not be reinstated. Thus the pool is to be provided with child-resistant barriers separating the pool from the residence and adjoining properties, both public and private.

If the above applies, child-resistant barriers are required to be upgraded to comply with current pool safety standards.

New Structures

New structures such as a garage, carport, shed, boatshed, pergola or the like are required to be outside the enclosed pool area child-resistant barriers. Child-resistant doors are no longer permitted thus door exemptions do not apply for new structures even though the property may have a complying existing barrier exemption.

Cardiopulmonary Resuscitation Guideline

The Swimming Pools Regulation 2008 requires that the Cardiopulmonary Resuscitation Guideline be available for viewing on Council’s website. A paper copy of the Cardiopulmonary Resuscitation Guideline will be made available for public inspection on request at the Civic Centre.

• Cardiopulmonary Resuscitation Guideline
• Cardiopulmonary Resuscitation Council

Paper copies of Building Code of Australia will be made available for public inspection on request at the Civic Centre

More information

More information regarding swimming pool safety is available at:

• Office of Local Government
• Swimming Pools Act 1992 (NSW)
• Cardiopulmonary Resuscitation Council

Mosman Council’s Swimming Pool Inspection Program is relevant to all swimming pools and spas regulated under the Swimming Pools Act 1992.

The inspection program is designed to provide measures to identify non-compliant swimming pools, ensure upgrade works are carried out and in the process raise swimming pool safety awareness. Click here to view the adopted Swimming Pool Inspection Program.

Pool owners may arrange for a swimming pool inspection by either engaging a Private registered certifier (swimming pool inspector) or requesting an inspection to be undertaken by Council.

Private Registered Certifier

Pool owners may engage a private registered certifier to carry out an inspection and issue a Certificate of Compliance or Non-Compliance in accordance with the Swimming Pools Act 1992.

Owners will need to contact their chosen private registered certifier directly to arrange the inspection.

A list of the registered swimming pool inspectors is available via the NSW Swimming Pool Register.

Council Inspection

Alternatively, pool owners may request Council to undertake the inspection.

To book an inspection with Council, please complete the online request form.

For further information regarding swimming pool safety, including checklists designed to help you assess whether your pool barrier meets the safety requirements, please visit the NSW Swimming Pool Register website.