Backyard Swimming Pools

1. Swimming pool owners are required to register their swimming pools on an online register to be provided by the NSW State Government.  Registration needs to take place between 29 April and 29 October 2013.
2. Swimming Pool owners will be required to self-assess, and state in the register that, to the best of their knowledge, their swimming pool complies with the applicable standard when registering their pool.
3. There is a penalty for owners who fail to register a swimming pool (penalty notice amount of $220).
4. Swimming pool owners will be required to provide a valid swimming pool compliance certificate before being able to sell or lease a property with a pool.
5. Accredited certifiers under the Building Professional Act 2005 may conduct swimming pool inspections initiated by the pool owner.

Councils are required to:

1. develop and implement a swimming pool barrier inspection program in consultation with their communities
2. report annually on the number of pool inspections undertaken and the level of compliance with the requirements
3. inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year intervals
4. at the request of a pool owner, inspect pools prior to sale or lease
5. issue compliance certificates after an inspection which finds a pool barrier compliant with the requirements of the legislation. Compliance certificates are valid for three years.

• 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.
• Councils may inspect any swimming pool that is the subject of a complaint to the council.
• Council powers of entry will be consistent with the Local Government Act 1993.
• Councils may charge a fee for each inspection undertaken (up to a maximum of $150 for the first inspection and $100 for one re-inspection resulting from the first inspection).

It is important to remember that while fencing may assist in reducing drownings in backyard pools, the most effective way to prevent drownings is for children to be adequately supervised by a parent or other responsible adult.

Research on child drownings in backyard swimming pools indicates that the most common contributing factors are inadequately fenced pools and human error (for example, people leaving the gate open, or fences not being maintained in good condition).

People choosing to have a pool have a responsibility to ensure that pool safety barrier(s) and gate(s) are installed, operated and maintained to the Australian Standard referred to in the Regulation.

It is also important that parents and others responsible for supervising children know how to administer Cardiopulmonary Resuscitation (CPR). The Royal Life Saving Society of NSW and Surf Life Saving NSW conduct CPR courses. All supervising adults are encouraged to undertake CPR training.

Home pool safety information for pool owners and occupiers is available by clicking on the the documents listed in the library on the right hand side of this page.

Other useful informtion may be obtained from the following websites:

• Children's Hospital at Westmead - provides a Protect your Pool, Protect your Kids video produced by the Children's Hospital at Westmead which visually demonstrates the basic pool fencing requirements in the Swimming Pools Act and provides other key water safety messages. This website also contains other resources on pool safety.
  http://www.chw.edu.au/kidshealth/pool_fencing/

• Safewaters - provides further information on fencing backyard pools, frequently asked questions, information in community languages, and a checklist for pool owners.
  http://www.safewaters.nsw.gov.au/fencepools.htm

• Swimsafe - Department of Arts, Sport and Recreation information regarding the availability of swimming lessons.
  http://www.dsr.nsw.gov.au/swimsafe/index.asp
  
  
• Keep Watch – Royal Life Saving Society information including a checklist, fact sheets and other resources
  http://www.homepoolsafety.com.au