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In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised.
This review was designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools and spas in NSW.
Now as you may or may not know, in NSW spa and pool owners must register their spas and pools.
The on-line spa registration has been available to the public since April 29th 2013.
There is no fee to register on-line however from 29 October 2013, authorised officers may fine spa and pool owners if their pool is not registered on the NSW Swimming Pool Register.
The fine is $220.00. In the event that an inspector refers the matter to court, a fine of up to a maximum of $2,200 may be imposed.
Your spa must be covered by a child-resistant lockable lid
There is an appropriate warning sign, including details of resuscitation (CPR) techniques, in the immediate vicinity of the pool area which can be easily read from a distance of 3 metres.
You have to make sure your fence and surrounding environment are compliant.
In short, you need to fence your spa pool if it is not covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh).
If you have an existing spa lid but your locks are not compliant you can purchase new compliant spa lid locks here.
Your responsibilities?: Spa Registration
1. Swimming pool owners are required to register their swimming pools on an on-line register to be provided by the NSW State Government. Click here to register.
2. Spa and 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. Click here for the NSW self assessment check-list for spas.
3. There is a penalty for owners who fail to register a spa or swimming pool (penalty notice amount of $220).
4. Spa and 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.
To register a pool, pool owners will need to know:
Use this quick and simple spa self assessment check list.
If your existing spa lid is in good shape but the latches are broken or non locking, you will need new compliant key locking spa lid latches.
You may also need a pool and spa CPR sign or new locking spa pool cover.
Once you have registered your spa or swimming pool in NSW it can be inspected under the following circumstances:
A council officer will contact you and make an appointment to inspect your pool if you are subject to either 1 or 2 above. You will need to engage a private pool certifier or your local council if you require a pool compliance certificate for either 3 or 4 above.
The Swimming Pools Act describes a swimming pool as an excavation, structure or vessel:
A spa pool is classified as a swimming pool by the Act. The definition of a spa includes any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like, but not a spa bath.
The requirements for fencing remain the same as prior to the Swimming Pools Amendment Act 2012.
If a fish pond has been designed, manufactured or adapted to be solely or principally used as a fish pond, then no child-resistant barrier is required.
You need to fence your spa pool if it is not covered and secured by a lockable child-safe structure (such as a door, lid, grille or mesh).
Yes. By definition, a portable pool is a swimming pool and is required to be fenced (child-resistant barrier). The fence/barrier has to meet the requirements of Standard AS 1926-1 (Building Code of Australia).
However, if a pool owner has voluntarily fenced the pool or has made substantial changes, then the exemption is voided and the pool must meet the current fencing requirements.
While the Government provides the legislative framework to ensure a high standard of private pool barrier fencing, ultimate responsibility for pool safety lies with pool owner/s to ensure that their pool barriers comply with the prescribed standard, and with parents and carers of young children to ensure that they are adequately supervised around pools at all times.
You can organise for a private certifier or a council officer to inspect your pool. A fee will be charged.
Spas and Swimming pools are to be registered on-line here or your local council can do this on your behalf for a fee of up to $10.00.
You will be required to enter your name, address, contact details, the type of pool, and the approximate age of pool. You will need to complete a self-assessment check-list about your pool.
No. It is a self-assessment only.
You will use a simple check-list to self-assess if your pool fence meets the appropriate Australian Standards.
Is your spa registered?
The information in this blog is presented as opinion and not the official page or information for Government NSW. You can find all of the official information by following the links above. Before making any decision you are advised to refer to the official site or seek the advise of your local council.