SWIMMING POOL
PRESENTATION
GOALS FOR TONIGHT
• Understand the importance of
swimming pool safety
• Understand recent legislative changes
to the Swimming Pools Act,
regulations, and Australian Standards
relating to swimming pools
• Common issues identified at the
swimming pool inspection
DEFINITION
• Swimming Pool – means an excavation, structure
or vessel:
(a) That is capable of being filled with water to a
depth greater than 300 mm; and
(b) 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, and
includes a spa pool, but does not include a spa
bath within a bathroom or anything declared by
the regulations not to be a swimming pool for the
purposes of this Act.
SWIMMING POOL
LEGISLATION
•
•
•
•
National Construction Code (BCA)
Swimming Pools Act 1992 (as amended)
Swimming Pools (Amendment) Act 2012
Swimming Pools Regulation 2008 (as
amended)
• Australian Standard 1926.1-2007
• Australian Standard 1926.2-2007
• Australian Standard AS1926.1-2012
(applicable 1 May 2013)
BUILDING CODE OF
AUSTRALIA
• Part 3.9.3 applies in NSW to the technical
construction requirements for barriers to restrict
access to swimming pool.
• (b) A child-resistant doorset must not be used in a
barrier for an outdoor swimming pool
Swimming Pools
Regulation 2008
• Swimming Pool Safety, Part 1: Safety barriers for
swimming pools, other than clause 2.10 (above
ground pools)
• Details requirements for new and existing pools
• Provides circumstances to upgrade pool barriers
• Provides maximum fees
• Stipulates spa pool requirements
• Warning notice requirements
• Provides exemptions for some pool barriers
RECENT CHANGES TO THE
SWIMMING POOLS ACT 1992
REMOVAL OF EXEMPTIONS FOR EXISTING
SMALL, LARGE & WATERFRONT PROPERTIES
• Exemptions cease to apply in respect of a
swimming pool if a barrier is erected on the
premises (between the swimming pool and
a residential building) as a barrier to direct
access to the swimming pool from any
residential building situated on the premises
AIM OF NEW LEGISLATION
• Ensure pool owners take responsibility for
pool safety
• Gives Councils the right tools to make sure
pool barriers are compliant
• Ensures the Government provides better
legislative and policy framework to reduce
drownings in backyard swimming pools
• Introduces roles and functions for
‘accredited certifiers’
The SP Amendment Act
2012
• Commenced on 29 October 2012 and makes a
number of amendments to the Swimming Pools Act
1992
• Pool Owners to register their pools
• Mandatory inspection programs by Councils
• Certificates of Compliance
• Notices by Accredited Certifiers
• Charging for inspections
• State wide Pool Register
• Access to Register
• Conveyancing (Sale of Land) Regulation 2010 and
Residential Tenancies Regulation 2010
2012 AS
• A barrier shall be designed and
constructed so that it will restrict
access by young children.
• It shall be permanent structure
• The height of a barrier within the
property shall be not less than 1200
mm on the outside of the barrier.
• A barrier other than a retaining wall
shall be vertical or lean away from the
pool by no more than 15 degrees
BOUNDARY BARRIERS
• Where a boundary fence acts as a barrier to
pool, it shall have a height not less than
1800 mm on the inside and NCZ 5 formed
as a quadrant of 900 mm radius down from
the top of the inside of the barrier.
• NCZ 5 is not invalidated by the intersection
of a compliant internal fence provided the
width of the top rail or surface of the
intersecting barrier is not more than 50 mm
NON-CLIMBABLE ZONES
• NCZ 1 is a 900 mm vertical plane on the outside
face of a barrier
• NCZ 2 is a quadrant on the outside of a barrier
created by a 900 mm radius down from the top of
NCZ 1
• NCZ 3 is a quadrant on the outside of a barrier
created by a 900 mm radius up from the top of the
barrier
• NCZ 4 is required on all barriers with vertical
openings 10-100 mm in width and is 900 mm high
by 300 mm deep rectangular space on the inside of
the barrier and shall align with NCZ 1
PICTURES
GATES
• Gates shall be hung so that they only
swing outwards away from the pool
• Gates shall be located so that the arc
of operation is clear of any building or
doorway
• Gates shall have sufficient clearance
to swing freely through the arc of
operation
• The opening under a closed gate shall
not exceed 100 mm at any point.
Glass Barriers
• Glass used in barriers shall comply
with the provisions of AS 1288.
Windows
• Where a window opens directly into the pool area and the
height from the sill of the lowest opening panel of the window
to the finished ground level in the pool area is less than 1800
mm, the openable portion of the window shall comply with one
of the following:
• A) Be totally covered by bars or a metal screen, that are fixed
to the building with fasteners that can only be removed by the
use of a tool. The opening between bars and the horizontal
dimension of openings in a metal screen shall not be greater
than 100 mm
• Be fixed to the building with fasteners that can only be
removed by the use of a tool so that it will remain closed or
will open to a maximum of 100 mm
SWIMMING POOL
REGULATION 2013 ???
• A new regulation is currently being
drafted by the Department of Local
Government
• The Regulation will provide further
details to support the Amendment Act
WHY CHANGE ???
• In 2012, a comprehensive review of
the Swimming Pools Act 1992 was
finalised
• Too many pools that are inspected
have deficient barriers
• Drownings of young children are
continuing to occur
• Drownings have reduced in other
States when legislation changes are
introduced
• The amendments will help us know
where pools are, educate pool owners
about pool safety and carry out
inspections to ensure pools,
particularly those that pose the highest
risk to children are made safe
NSW Pool Register
• DLG has developed a State based pool
register
• Pool owners are now able to register their
pools with DLG’s website.
• Owners will have 6 months to complete
registration
Registration process
• Pool owners will need to self assess
their pool at time of registration using a
checklist
• Intention is remind owners of their
responsibilities and educate them on
the pool barrier requirements
• Further details will be provided in the
amended Swimming Pool Regulations
SWIMMING POOLS
(AMENDMENT ) ACT 2012 REGISTRATION OF SWIMMING POOLS
• Councils may charge the owner of the
premises a fee for carrying out an
inspection ( $150) which is prescribed by
the regulations.
• Local Authorities can also for it for a
small fee of $ 10.
• Owners can be fined if they don’t register
their pool in the timeframe mentioned
($ 220). Fine can be $2200 if matter is
determined in Court
SWIMMING POOLS
(AMENDMENT ) ACT 2012 –
OTHER REQUIREMENTS
• By 29 October 2013 – adopt a
customised pool program
• By 29 April 2014, commence program
for the inspection of tourist and visitor
accommodation as well as premises
with more than 2 dwelling
• By 29 April 2014, pool owners require
a SPCC before sale or lease of their
property
SUMMARY
• The Swimming Pools (Amendment) Act 2012
commenced on 29 October 2012 and makes a
number of amendments to the Swimming Pools Act
1992
• A NSW Swimming Pool Register is to be available
for use by 29 April 2013
• NSW Swimming Pool Owners are to register their
swimming pools by 29 October 2013
• Swimming Pool owners require a compliance
certificate before sale or lease of their property from
29 April 2014
• All tourist/visitor accommodation sites and multioccupancy dwellings with a swimming pool require a
Certificate of Compliance from 29 April 2014
FURTHER INFORMATION
• Department of Local Government
www.dlg.nsw.gov.au
• Royal Life Saving
• www.homepoolsafety.com.au
• Westmead Childrens Hospital
www.chw.edu.au
Or your local Council…..