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…..