Changes to the NSW Swimming Pool Act...
It has not been very well publicised, but from 29 October 2013, all private swimming pool owners must register their pools with their local council. If pool owners fail to do so, they may be fined up to $220. The rationale for this change in the law is to ensure that all pool fencing is safe and compliant, and will ensure that kids are not able to access swimming pools without the proper supervision of an adult.
Once your pool has been registered, the local council must come out and inspect the pool periodically and give you an updated certificate of compliance. These certificates of compliance are also required whenever you plan to sell or lease your home. Whether you live in a stand alone house, or live in a block of units with a communal swimming pool, a compliance certificate must be attached to the Contract for the Sale of Land. In the case of a block of units, the owner's corporation must obtain the compliance certificate. If the compliance certificates are not attached to the Contract for the Sale of Land, then the proposed purchaser may rescind the contract and avoid the transaction. Given this, it is vitally important for you to maintain the security around your pool, and ensure that all of your pool fencing is compliant with the Act.
From 29 October 2013, there are also the following obligations on the local council which you should be aware of:
- The council must organise a pool barrier inspection program for their local area;
- The council must investigate any individual complaints about pool fences. In this regard, it is important to remain vigilant with not only your own pool, but those belonging to neighbours and friends. It is much better for a problem to be fixed before any accidents happen; and
- The issuing of compliance certificates, which are valid for 3 years after their issue.
Given the above changes to the Swimming Pool Act, and the affect it can have on your family and friends, it is most important to register your pool before 29 October 2013. You will not only be abiding by the law, but you will have the peace of mind that your pool fencing is compliant with Australian standards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.