Readers may not be aware that new laws relating to swimming pool safety come into force from 29 April 2014. From this date, all properties with a swimming pool or spa pool that are sold or leased must have a valid swimming pool Certificate of Compliance (or an appropriate Occupation Certificate issued within the last three years).
Drowning is a leading cause of death for children under five years of age, and the purpose of the new legislation is to promote the need for regular checks and maintenance of pool safety barriers, such as fencing.
A swimming pool is defined as an excavation, structure or vessel:
- that is capable of being filled with water to a depth of greater than 300 millimetres, and
- that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used for the purpose of swimming, wading, paddling or any other human aquatic activity.
The definition includes in-ground, above-ground, indoor, portable and other types of pools and spa pools that are capable of being filled to a depth of 300mm or more of water. Bathroom spas that are used as baths and emptied after use are not included. Note, however, that the new provisions do apply to “temporary” and portable swimming pools capable of being filled with water to a depth greater than 300mm.
Since October 2013, property owners have been required to register swimming pools and spas (as defined above) on the NSW Swimming Pool Register. Registration is free, can be completed on-line, and is a pre-requisite for the issue of a Certificate of Compliance. Prospective property buyers can also check on-line if a swimming pool at a given address is registered and whether or not a Certificate of Compliance has been issued.
A swimming pool Certificate of Compliance certifies that the pool and pool barrier meet current safety requirements. Your local council or a private certifier accredited under the Building Professionals Act can conduct the necessary inspection, and issue a Certificate of Compliance if the swimming pool or spa pool meets all safety requirements. This Certificate of Compliance is then valid for a period of three years. Palerang Council charges $150 for an initial pool safety inspection, and $100 for a second inspection if one is required. Accredited certifiers set their own schedule of fees (see the ‘Find a Certifier’ panel at the right of the Building Professional Board website screen).
The owner of a pool or spa may be liable for a penalty of up to $5,500 for non-compliance with pool safety requirements.
For the interested reader, the applicable NSW legislation is covered in the Swimming Pools Act 1992 & Swimming Pools Regulation 2008, the Conveyancing (Sale of Land) Regulation 2010, and the Residential Tenancies Act 2010.
More information is available from the Department of Local Government website, and also from the NSW Swimming Pool Register website. The Selling a Property and Leasing a Property Fact Sheets, and the NSW Swimming Pool Register FAQ are particularly useful.