We’re on a bit of roll now discussing legislative changes, so here’s another one for you to contemplate over the Christmas break. The Swimming Pools Act 1992 and its Regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for ‘backyard’ swimming pools. The Swimming Pools Regulation, in particular, was updated in 2018 to clarify a number of matters relating to swimming pool safety.
Under the Act, 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. The Act does not generally apply to indoor spa baths as these are generally emptied after use.
Part of the reason for broaching this particular subject is that people may not be aware that, for historical reasons, the requirements for child-resistant barriers, basically fences, around swimming pools vary depending on when the pool was built and where the pool is located.
There are 3 different Pool Safety Standards that apply in NSW, depending on when the pool was constructed:
- AS 1926 – 1986, fences and gates for private swimming pools which applies to pools constructed prior to 30 August 2008
- AS 1926.1 – 2007, swimming pool safety, Part 1 safety barriers for swimming pools which applies to pools constructed between 1 September 2008 to 30 April 2013
- AS 1926.1 – 2012, swimming pool safety, Part 1 safety barriers for swimming pools constructed after 1 May 2013
Pools built before 1 August 1990
Access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.
Pools built after 1 August 1990 but before 1 July 2010
The pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply if the pool is part of a very small property (less than 230 square metres) a large property (2 hectares or over) or a waterfront property.
Pools built from 1 July 2010
All new pools must be surrounded by a fence that separates the pool from the house.
As in many situations where structures are modified, if the swimming pool barrier is modified or altered, the current Swimming Pools Act, Regulation and AS1926 are applied and any previously applicable exemptions cease.
Unfortunately, Australian Standards are protected by copyright and it’s often not a simple matter to just check on details in these documents without purchasing them—at the time of writing, the electronic version of AS1926 comes in at $135 and a print copy at $150. In the present case, however, Clause 29 of the new Regulation requires each local authority—that’s your council—to ensure that an electronic version, and if requested a paper copy of a relevant extract of the applicable Australian standards, the Building Code of Australia and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost, at each public office of the local authority, during ordinary business hours.
The Swimming Pool and Spa Association of Australia (SPASA) nonetheless provides an ‘overview’ of the requirements that very closely resembles the actual standards document.
Pool owners should be aware that a Certificate of Compliance, issued by a registered certifier, is required for any swimming pool or spa (per the above definition) and must be renewed every three years. The new Regulation also requires that details of any non-compliance identified during these requisite periodic inspections be explicitly entered into the NSW Swimming Pools Register.
It is often seen as anomalous that such stringent regulations should surround the construction and maintenance of swimming pools, while, in our rural residential areas in particular, there are no such conditions applicable to farm dams. But this is just the way things are—the legislation as drafted refers to an excavation, structure or vessel “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”. For safety in regard to anything else, including your average farm dam, we still rely on the exercise of a degree of common sense…