A major review of the Swimming Pool Act will require that all pools built after 1990 must have adequate fencing, including those that were previously exempt such as waterfront properties and wet-edge pools. New pools on properties smaller than 230sqm and larger than two hectares will now also require compulsory fencing. Local Councils will have the responsibility of investigating complaints and given the power to fix fences where there is a serious or immediate risk to public safety.
Approximately 16,000 new pools are built each year in NSW. Sadly, in 2007 12 children drowned in private pools and spas, figures that have led to the first major review of the Swimming Pools Act in 17 years.
Currently pools built before 1990, when mandatory child-proof fencing laws were introduced, are exempt from current legislation. The Government is considering how this law can be amended so pool fencing will become mandatory for all swimming pools.
* Pool fencing design guidelines are:
- Pools must be surrounded by a child-resistant safety barrier separating the swimming pool from any residential building and any place adjoining the premises. They must be designed, constructed, installed and maintained to comply with Australian standards for swimming pools.
- Fence and gate height must not be less than 1.2 metres and must not have a ground clearance of more than 100mm to ensure small children cannot crawl under.
- Gates must open outwards and locks positioned above the reach of children. Doors and gates providing access should be kept closed at all times.
- The pool fence should be of an adequate distance from trees, shrubs, pool equipment and other objects that may be used to climb a pool fence.
- Above ground pools also come under pool fencing legislation.
- Existing swimming pool safety fencing previously approved by Council cannot be removed without prior consent.
- Pool covers are not a child resistent barrier.
- Window and door openings must not open directly into a swimming pool area.
- A warning sign must be displayed near the pool.
Other safety considerations all pool owners should consider include:
- Do not leave objects near the banner that children may use to climb over fences or open gates.
- A secure pool is no substitute for responsible adult supervision.
- Children in or around the water must be supervised at all times, no matter what their swimming ability.
- Children should be taught to swim at an early age.
- Parents and carers should have adequate CPR training.
In respect to rental properties containing an existing pool, it is the landlord’s responsibility to ensure pool fencing complies with the relevant legislation. The tenant must not intentionally or negligently damage the pool fencing in any way, and should notify the landlord or managing agent immediately of any such damage. If the tenant wants to install a pool themselves, even small above ground pools, they should first contact the managing agent or landlord for approval and to ensure their intentions comply with existing legislation.
* We strongly recommend you contact your local council for all pool fencing regulations and compliance requirements in your area.