Backyard Swimming Pools

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Consultation has concluded

Help develop and implement a swimming pool inspection program.

Recent changes to the NSW Swimming Pools Act 1992 include new responsibilities for both pool owners and Blue Mountains City Council that aim to improve the safety of children under the age of five years around private (‘backyard’) swimming pools.

One of the requirements is for Council to develop and implement a swimming pool inspection program in consultation with the local community by 29 October 2013.

In line with the requirements of the new Act, Council is commencing a review of its swimming pool inspection program, which currently extends to approximately 200 pool inspections each year.

To assist Council to develop a new program for the inspection of swimming pool safety barriers, we invite you to read the background and provide your feedback and advice on this important issue through our online survey.

Have Your Say Blue Mountains!

Help develop and implement a swimming pool inspection program.

Recent changes to the NSW Swimming Pools Act 1992 include new responsibilities for both pool owners and Blue Mountains City Council that aim to improve the safety of children under the age of five years around private (‘backyard’) swimming pools.

One of the requirements is for Council to develop and implement a swimming pool inspection program in consultation with the local community by 29 October 2013.

In line with the requirements of the new Act, Council is commencing a review of its swimming pool inspection program, which currently extends to approximately 200 pool inspections each year.

To assist Council to develop a new program for the inspection of swimming pool safety barriers, we invite you to read the background and provide your feedback and advice on this important issue through our online survey.

Have Your Say Blue Mountains!

Consultation has concluded
  • What are the responsibilities of pool owners under the new legislation?

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    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.
  • What are the responsibilities of Council under the new legislation?

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    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).
  • Importance of supervision, pool barrier maintenance and CPR

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    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.

  • Pool Safety Information

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    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: