Many of these tragedies could be prevented by ensuring that there are adequate swimming pool fences and barriers surrounding all swimming pools and spas. There is, however, no substitute for constant adult supervision. Children in and around swimming pools and spas must be watched at all times, whatever their swimming ability may be.
Home owners and occupiers must ensure that swimming pool fencing and other barriers are maintained in a good condition and that all gates are self-closing and self-latching at all times.
The Swimming Pools Act 1992 requires that Council be notified of all swimming pools (including spas) in the area, either in writing or by completing the Notification & Registration Form and forwarding it to Council's Health, Building & Regulatory Services department.
To check if your pool meets the requirements, you can apply to Council for a Swimming Pool Compliance Certificate, for a fee of $70. If the pool does not comply, Council will provide you with a reasonable period in which to comply with the relevant requirements.
Parents are encouraged to introduce their children to water safety at an early age and to attend swimming classes. There are a number of learn-to-swim classes available within the Randwick City area. Please refer to the local yellow pages, or contact Council's Des Renford Aquatic Centre.
Parents are also encouraged to learn resuscitation techniques in case of an emergency. Resuscitation training is available through the Royal Life Saving Society of Australia.
For more information on these important requirements, please contact us.
Pool fencing and barriers
In NSW, there are legal requirements for pool fencing and other approved child-resistant barriers to be installed around all swimming pools and spa pools.
These laws apply to all outdoor and indoor pools. Penalties for failing to comply with these requirements range from $220 to $1100. Council officers can also issue a Notice to direct a person to comply with these requirements.
The legislation and full requirements are very detailed, so pool owners are advised to refer to the Swimming Pools Act 1992 , the Swimming Pools Regulation 2008 and Australian Standard AS 1926.1 - 2007 (excluding clause 2.8 of the Standard) for the complete requirements.
In summary, pool fencing and other approved barriers must comply with the following key requirements:
- Pools installed after 1 August 1990, must be surrounded by a pool fence which fully separates the pool from any residential building situated on the premises.
- Pools installed before 1 August 1990, must either be surrounded by a pool fence which separates the pool from any residential building on the premises, or alternatively, access to the pool area must be restricted at all times by fencing and 'child-resistant' barriers must be provided to all doors and windows which provide access to the pool area, in accordance with the Swimming Pools Regulation 2008.
- To be 'child-resistant', doors must have latching devices located at least 1.5m above floor level and windows must be permanently fixed so as not to open more than 100mm or be provided with other approved barriers. There must also be no 'foot-holds', which enable a child to reach the latching or locking device or climb through the windows.
- Pool fencing must be not less than 1.2m high measured from the outside.
- Pool gate/s must open outwards from the pool area and they must be self-closing and self-latching at all times.
- The vertical components in the fences must not be more than 100mm apart.
- The horizontal members in the fence must not be less than 900mm apart.
- The space below the fence must not be more than 100mm.
- The latching device on the gate/s must not be less than 1.5m above ground level, or alternatively the latching device is to be located on the inside of the gate/fence and be shielded so it is only accessible by stretching over the gate/fence.
Checklist
- Swimming pool fencing and other barriers are provided to the pool area in accordance with the Swimming Pools Act 1992.
- Swimming pool fencing is at least 1.2m high all the way around, measured on the outside of the fencing.
- All swimming pool fencing is maintained in a good condition (ie with no holes, broken or loose palings).
- Gates to the swimming pool area open outwards and are fully self-closing and self-latching from any open position.
- Gates are not propped open at any time.
- There are no climable objects such as BBQs, furniture, planter boxes, trees or shrubs within 900mm of the fence which could allow a child to climb over the fence.
- The latching device to the pool gate is located 1.5m above ground level or, alternatively, the device is located inside the gate and the latching device is appropriately shielded from the outside in accordance with AS 1926.1 - 2007 (excluding clause 2.8 of the Standard) to ensure the latching device is only accessible by stretching over the gate.
- If the wall of the house forms part of the approved child-resistant barrier to the pool area (ie in relation to pools installed before1 August 1990), all door and window openings in the wall/s must be child-resistant in accordance with the regulations to prevent children accessing the pool area.
- An appropriate resuscitation sign (available from Council or the Royal Life Saving Society) is displayed in the immediate vicinity of the pool area.