A few main changes have been brought by the Government of New South Wales to the legislation pertaining to pool safety compliance for backyard pools. If you’re unaware of these changes, read on…
The statute law is referred to as “The Swimming Pools Amendment Act 2012”, which takes into account all types of pools including portable and inflatable pools.
As per the new rule passed, it is now mandatory that every pool should be surrounded by a fence, which will –
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Separate your pool from adjacent buildings, residential properties, and public access.
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Function as a child-resistant barrier.
To this very day, the Government of NSW has brought out no lesser than seven different types of checklist documents for pool owners, yet those are not comprehensive, which adds to the confusion. These checklist documents depend on the following:
(1) Does your property have a waterfront entrance?
(2) What is the size of your property?
(3) When was your pool constructed?
Some exclusions may or may not be there. But, being the owner of a pool it is your responsibility to make sure that your pool adheres fully to the NSW ordinances. In case, you fail to adhere to the NSW pool regulations, a heavy fine of up to $5500 may be imposed on you.
To be precise, from 29th April 2015 pool owners require to obtain a compliance certificate without which they can’t lease or sell their property (Note: Initially the deadline was 29th April 2014, but it was extended by 12 months).
For your benefit, we present our guide here below, which will let you know what you require to know and act upon so that you can ensure that you and your pool completely adhere to the NSW pool fencing ordinances.
What are these Swimming Pool Fencing Requirements?
It is a prerequisite by law to have a four-sided fence all around the pool that has a water-filling capacity depth of 300mm, which includes portable and inflatable pools. Additionally, the fence requires adhering to Australian Standard (AS1926.1-2012) – Swimming Pool Safety Barriers. However, some exceptions to this still exist that include-
(a) Backyard pools in the waterfront properties,
(b) Backyard pools in big properties (i.e. determined as 2 hectares or more),
(c) Backyard pools in small properties (i.e. determined as 230m2 or less),
Pools setup prior to 1st July 2010 were competent to use the walls of the property or building boundary as part of their swimming pool area safety barrier with the condition that all windows and doors must be made child- proof. Well, these exemptions might still be relevant on the condition that from the date of the original exemption – the formerly exempt properties are adhered to constantly, which can be proven. If they aren’t adhered to, the exemption will be removed and canceled forever.
Specific Swimming Pool Fencing Requirements
(a) The gap must not be greater than 100mm between the ground and the bottom of the fence.
(b) When measured from the outside of the pool through and through, the pool fence must be at least 1200mmhigh.
(c) Suppose, a boundary fence constitutes part of the pool fence –
i. It should be at least 1200mm high when measured from the outer area of the fencing particularly for pools that are setup prior to 1st September 2008.
ii. It should be at least 1800mm high when measured from the inside of the fencing area particularly for pools that are setup on or after 1st September 2008.
(d) The fencing of your pool must be maintained well and should be in a good state of repair (i.e. there shouldn’t be any gaps, holes, palings, broken rails or any other type of damage).
(e) The holes must not be greater than 13mm if pierced or mesh fencing is used.
(f) Space must be less than 100mm on all standing or near standing rails on the fence and gate.
Specific Swimming Pool Fence Gate Requirements
(a) The latch of the gate must be in a good condition and work well so that the gate is secured and cannot be opened by pulling once it is closed.
(b) Well away from the pool area, the gate must open towards the outside direction.
(c) From any position, the gate must be able to self-close and latch itself.
(d) On the inside of the fence, the release for the gate latch must be situated, which should be bordered by a 450mm guard so that it must be accessed either through a latch access point that is 1200mm well above the ground level or by reaching over the fence, or the gate latch must release 1500mm well above the ground level.
(e) The latch of the gate must be at least 150mm beneath the top of the fence or latch guard access point.
(f) The law does not permit keeping the gate open or to prop.
Specific Swimming Pool No-Climb Zone Requirements
(a) A 300mm clearance area must be maintained inside the pool’s fencing area.
(b) Shrubs, trees, barbeques, pot plants, chairs, ladders, etc. must not be within the 900mm ‘non-climbable zone’. This is to avoid a child from using it to climb over the fence. This means there shouldn’t be any type of probable footholds or handholds within this ‘non-climbable zone’.
Specific Swimming Pool Access & Residential Property Requirements
(a) Swimming pool area should be shielded well. That means the pool area must not be directly accessed either from residential properties or from the street, or public places.
(b) A boatshed, laundry, shed, garage, or any other structure that is not completely related to the pool is viewed as a separate residential property.
(c) Nonetheless, separate pergolas, cabanas (i.e. tents used for dressing) or associated structures that are solely designed to give shade and are totally connected with the swimming pool and not with the residential building are allowed within the pool area.
(d) In the same way, small structures or sheds that are designed for storing pool chemicals and equipment are allowed within the pool area.
Specific Swimming Pool Warning Signs Requirements
Important warning signs such as CPR (cardiopulmonary resuscitation) techniques and other crucial signs must be placed within the pool area and it must be clearly readable from a 3-meter distance.
Exceptions to the Swimming Pool Requirement (Are They Still Applicable)
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Swimming pools constructed on waterfront properties
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Swimming pools that are set up with doors and windows as barriers prior to 1st July 2010
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Swimming pools that are set up prior to 1st August 1990
Owners of swimming pool properties had the choice of fencing. Alternatively, they had the option to have latches on doors along with limited window openings or had the option of using one side of the wall of their residential property or other similar private construction to be a part of the barrier.
These exceptions may still be applicable if it is determined upon inspection that
(a) Since the date of the original exemption, the access to the pool has not been changed or reconstructed. (b) Since the date of the original exemption, the barrier of the pool has not been modified or reconstructed. (c) The pool has been constantly maintained by adhering to the following:
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Doors must be self-latching and open away from the pool area.
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On every entry door into the pool area, there must be a latch on the door, which is at least 1500mm above the ground level.
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The max limit the windows can open up is up to 100mm, or the windows must be completely covered by a mesh screen or bars. And the height from the windowsill’s lowest opening panel to the pool area must be at least 1800mm from the ground level.
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There must not be any pet doors or other types of openings to the pool area, which is greater than 100mm
Above Ground Pools
Walls constructed on swimming pools that are above the ground are not regarded as a compliant safety barrier. Kindly Note: We have tried to furnish the most appropriate details; however, regulations may get altered. Thus, don’t completely depend only on this bit of literature; you should also check NSW Government Fair Trading for more details.
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