Swimming Pool Laws: Nsw Compliance And You

Swimming pool laws in New South Wales are governed by the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018. These laws outline the requirements for pool fencing, including height, gaps, and warning signs. The laws also address access restrictions, warning notices, and exemptions from barrier requirements. Pool owners are responsible for ensuring their pools comply with these regulations to maintain safety and avoid penalties.

Pool fencing laws

In New South Wales, Australia, pool fencing laws are designed to prevent children from drowning in private swimming pools. These laws apply to all swimming pool owners, including those with inflatable pools.

The specific requirements for pool fencing depend on when the pool was constructed and the type of pool.

Pool Safety Standards

There are three different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:

• AS 1926-1986, Fences and Gates for Private Swimming Pools: applies to pools constructed before 30 August 2008.
• AS 1926.1-2007, Swimming Pool Safety, Part 1 Safety Barriers for Swimming Pools: applies to pools constructed between 1 September 2008 and 30 April 2013.
• AS1926.1-2012, Swimming Pool Safety, Part 1 Safety Barriers for Swimming Pools: applies to pools constructed after 1 May 2013.

Key Requirements for Pool Fencing in NSW

Regardless of when the pool was built, there are several key requirements that must be met to ensure compliance with NSW pool fencing laws:

• Pools must be surrounded by a fence that separates the pool from the house, with some exemptions for pools on very small properties (less than 230 square metres), large properties (2 hectares or over), or waterfront properties.
• The pool fence must be at least 1.2 metres high, measured from the finished ground level.
• There should be no gap at the bottom of the fence bigger than 10 centimetres from the finished ground level.
• If a boundary fence is part of the pool fence, the barrier must be 1.8 metres high.
• The fence should not have gaps of more than 10 centimetres between any vertical bars.
• If the fence contains horizontal climbable bars, they must be spaced at least 90 centimetres apart.
• Perforated or mesh barriers with a fence height of 1.2 metres must have holes no greater than 13 millimetres.
• For perforated or mesh barriers with a height of 1.8 metres and holes greater than 13 millimetres, the holes must not exceed 100 millimetres.
• The pool fence must be well-maintained and in good working order.
• To prevent children from climbing over the fence, pool owners must maintain a 'non-climbable zone' around the pool. This means that any trees, shrubs, or objects such as barbecues, pot plants, toys, ladders, and chairs must not be within the 90-centimetre non-climbable zone, measured in an arc shape from the top of the pool fence arching towards the ground.
• This zone also includes the space extending 30 centimetres inside the pool area, which should be cleared of any potential footholds or handholds.
• Any horizontal climbable bars on the pool fence must be spaced at least 90 centimetres apart.
• Warning signs, including cardiopulmonary resuscitation (CPR) instructions, must be attached to the pool fence and gate and be easily readable from a distance of 3 metres.
• All fence bolts, screws, and fasteners must be tight and in good order. Self-closing gate hinges, locks, and latches should be regularly maintained with lubricating oil or silicone.

Exemptions and Special Cases

It is important to note that older swimming pools may have doors or windows as part of the pool fence or barrier, but this is no longer allowed for new pools. If your pool includes these features, specific requirements must be met:

• Doors in pool barriers must self-close without manual force, self-latch, and require manual release. The latching device should be at least 150 centimetres off the ground, with a non-climbable zone of 90 centimetres that is at least 120 centimetres above the floor. The door should not open towards the pool and should not have any pet doors.
• Windows in pool barriers must have a locking device or a security screen fixed to the building to prevent them from opening more than 10 centimetres. If this requirement is not met, a locking device or security screen must be installed to reduce the gap to 10 centimetres or less.

Compliance and Enforcement

Pool owners in NSW are responsible for ensuring that their pools comply with fencing laws. Council inspectors conduct spot checks and issue fines for non-compliance. It is recommended that pool owners seek professional advice to familiarise themselves with the minimum requirements and organise a formal pool inspection to ensure compliance.

History of NSW Swimming Pool Legislation

The Swimming Pool Act 1992 and subsequent regulations have undergone several amendments over the years, with the most recent update being the Swimming Pools Regulation 2018. The regulations have evolved to address specific safety concerns and improve the effectiveness of pool fencing laws.

Warning signs

Contents of Warning Notices:

According to the Swimming Pools Regulation 2018, specific information must be included on warning signs near swimming pools. These signs should contain the following statements:

• "Young children should be actively supervised when using this swimming pool."
• "Pool gates must be kept closed at all times."
• "Keep articles, objects, and structures clear of the pool fence at all times."
• A simple flow chart or diagram illustrating cardiopulmonary resuscitation (CPR) techniques, following the guidelines provided by the Australian Resuscitation Council.
• A statement emphasizing the importance of formal instruction in resuscitation.
• The name of the organisation that published the sign and the date of publication.

Legibility of Warning Notices:

The Swimming Pools Regulation 2018 also specifies that these warning signs must be legible and well-maintained. They should be clearly visible and easily readable from a distance of at least 3 metres. This ensures that individuals can quickly refer to the instructions and emergency procedures in case of an accident or emergency.

During the construction of a swimming pool, it is the responsibility of the occupier of the premises to ensure that a specific warning sign is erected and maintained until a relevant occupation certificate or certificate of compliance is issued for the pool. This sign should state, "This swimming pool is not to be occupied or used." It must be prominently displayed near the pool during the construction phase and only removed once the necessary certificates are obtained.

Inflatable swimming pools also require specific warning labels, depending on their height. For inflatable pools under 300mm in height, the following warnings should be included:

• "Pool owners, parents, and carers should be aware of the potential for drowning, even in shallow water. Always supervise children when using these products."
• "Ensure that the water is kept pure. Water left in inflatable pools can become contaminated and cause illness."
• "Empty the pool and store it safely, away from young children, when it is not in use."

For larger inflatable pools 300mm or more in height, additional warnings about pool fencing laws and consulting local authorities should be included.

Cardiopulmonary Resuscitation (CPR) Sign:

In case of an emergency, it is mandatory to display a CPR sign near your pool. This sign should be easily accessible, visible, and readable from a distance of 3 metres. You can obtain a CPR sign from local sources such as your pool shop, council, or community organisations like St John Ambulance, the Australian Red Cross, or Royal Life Saving.

Pool fence measurements

In NSW, pool fence measurements are regulated to ensure the safety of young children. Here are the key measurements for pool fences in NSW:

• Height: The pool fence must be at least 1.2 metres high when measured from the finished ground level.
• Boundary Fence Height: If a boundary fence is part of the pool fence, the barrier must be at least 1.8 metres high.
• Bottom Gap: There should be no gap at the bottom of the fence bigger than 10 centimetres from the finished ground level.
• Vertical Bar Gaps: The distance between any vertical bars in the fence must not exceed 10 centimetres.
• Horizontal Bar Spacing: If the fence has horizontal climbable bars, they must be spaced at least 90 centimetres apart.
• Perforated or Mesh Barriers: For fence heights of 1.2 metres, perforated or mesh barriers must have holes no larger than 13 millimetres. For 1.8-metre-high barriers with holes greater than 13 millimetres, the holes must not exceed 100 millimetres.
• Non-Climbable Zone: To prevent children from climbing over, a 'non-climbable zone' must be maintained around the pool fence. Any objects, such as trees, shrubs, barbeques, toys, ladders, or chairs, must not be within 90 centimetres of the fence. This zone is measured in an arc shape extending from the top of the fence towards the ground and includes a 30-centimetre space inside the pool area, which should be clear of any potential footholds or handholds.

Child-resistant doors and windows

In New South Wales, Australia, specific laws and regulations are in place to ensure the safety of swimming pools, especially for young children. These laws include requirements for child-resistant doors and windows as part of the pool fence or barrier. Here is a detailed overview of the regulations:

Child-Resistant Doors in Pool Barriers:

• Self-Closing Mechanism: Doors in pool barriers must be equipped with a self-closing mechanism that allows them to close automatically without the application of manual force. This ensures that the door closes by itself, even if someone forgets to close it manually.
• Self-Latching and Manual Release: The door should also have a self-latching mechanism that securely latches the door shut and requires manual release to open. This adds an extra layer of security, preventing unauthorised access.
• Latching Device Height: The latching device, which includes the handle or knob, must be installed at a minimum height of 150 cm from the ground. This placement ensures that young children cannot easily reach and operate the latch.
• Non-Climbable Zone: There should be a clear zone of at least 90 cm around the door, starting from a height of 120 cm above the floor. This zone should be free of any objects that could be used as footholds or handholds to climb over the door.
• Direction of Opening: The door must be installed so that it does not open towards the pool. This prevents direct access to the pool area when the door is opened.
• No Pet Doors: Pet doors or flaps are not permitted in pool barrier doors. These openings could provide a potential entry point for young children, defeating the purpose of the child-resistant barrier.

Child-Resistant Windows in Pool Barriers:

• Locking Device or Security Screen: Windows in pool barriers must be equipped with a locking device or security screen that is fixed to the building. This ensures that the windows cannot be opened more than 10 cm, restricting access to the pool area.
• Compliance and Modifications: If the existing windows do not meet the 10 cm opening restriction, you will need to install a locking device or security screen to reduce the gap to 10 cm or less. This modification is necessary to ensure compliance with the regulations.

These regulations for child-resistant doors and windows in pool barriers are designed to enhance the safety of swimming pools, particularly for young children. By following these guidelines, pool owners can help prevent accidental drownings and create a safer environment for all.

Pool fence maintenance

To ensure pool fence compliance, maintenance is key. Here are some tips to help you keep your pool fence in good condition:

• All fence bolts, screws, and fasteners must be tight and in good order. Any loose bolts, screws, and fasteners should be tightened or replaced.
• Self-closing gate hinges, locks, and latches should be regularly lubricated with oil or silicone.
• The manufacturer of the pool fence and gate should provide written instructions on how to maintain your pool fence and gate.
• Regularly maintain your pool gate to ensure it closes properly. Check that the hinges are free of grit and debris.
• If lubricating the hinges, follow the manufacturer's instructions to avoid damage or malfunction.
• To prevent children from climbing over the fence into the pool area, maintain a 'non-climbable zone' around the pool. Any trees, shrubs, or objects such as barbecues, pot plants, toys, ladders, and chairs must not be within the 90cm non-climbable zone.
• This zone is measured in an arc shape from the top of the pool fence, arching towards the ground. It also includes a 30cm space inside the pool area that should be cleared of potential footholds or handholds.
• Any horizontal climbable bars on the pool fence must be spaced at least 90cm apart.
• If your pool fence includes doors, ensure that they:
• Self-close without the application of manual force.
• Self-latch and require manual release.
• Have a latching device at least 150cm off the ground.
• Have a non-climbable zone of 90cm that is at least 120cm above the floor.
• Do not open towards the pool.
• Do not have any pet doors.
• If your pool fence includes windows, they must:
• Have a locking device or a security screen fixed to the building to prevent them from opening more than 10cm.
• If they do not satisfy this requirement, install a locking device or security screen to reduce the gap to 10cm or less.
• Check your pool gate regularly to ensure that it:
• Is never propped open and is always kept shut.
• Swings outwards, away from the pool area. If it does not, re-hang the gate so that it does.
• Shuts automatically from any open position without having to be forcibly closed.
• Automatically locks (self-latches) when it closes.
• If the gate does not shut and lock automatically, it should be permanently fastened until a new lock and closing device can be installed.
• Appropriate and clear warning signs, such as cardiopulmonary resuscitation (CPR) signs, must be attached to the pool fence and gate. These signs must be in good condition and easily readable from a distance of at least 3 metres.

Frequently asked questions