New Swimming Pool Laws

The NSW State Government recently reviewed the Swimming Pools Act 1992. This review has resulted in a number of amendments to the Swimming Pools Act designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools.

For Pool Owners

  • Pool owners must register their Swimming pool by 19 November 2013
  • Pool owners must have a ‘Swimming Pool Compliance Certificate’ before the sale or lease of their property from 29 April 2016

For Council

  • Councils may inspect any swimming pool that is the subject of a complaint
  • Council has a power of entry under the Local Government Act 1993
  • Council may charge a fee for inspections undertaken
  • At the request of a pool owner, Council will inspect pools prior to sale or lease.
  • Council will issue compliance certificates after an inspection which finds a pool barrier compliant with the Swimming Pools Act 1992. (Compliance certificates are valid for three years)
  • Council must inspect pools associated with tourist and visitor accommodation and multi-occupancy developments every three years
  • Council must keep a Swimming Pools Register available for use by 29 April 2013
  • Council must report annually to the NSW State Government on the number of pool inspections undertaken and the level of compliance with the requirements

Frequently Asked Questions

Can I get a private certifier to do the pool inspection (instead of Council)?

Accredited certifiers under the Building Professional Act 2005 may conduct swimming pool inspections initiated by the pool owner.

I already have an Occupation Certificate for my pool, do I need a Swimming Pool Compliance Certificate as well?

A swimming pool subject to an Occupation Certificate is exempt from an inspection program for three years from the date of issue of the Occupation Certificate.

When will a pool register be ready?

In April 2013 a public swimming pool register will be available.  Until the register is available you do not need to do anything about registering your pool.

When will Council start inspecting pools?

By 19 November 2013 all pools must be registered and Council will commence inspections before Christmas 2013.

For more information please contact Customer Service Unit on (02) 4560 4444.

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