Information for Homeowners and Applicants
Owning a swimming pool or spa comes with important legal responsibilities. Pool and spa owners must ensure their swimming pool or spa is safe and remains compliant with NSW legislation to help prevent drowning.
Important: Any swimming pool or spa capable of being filled with water to a depth of 300 mm or more must comply with the applicable legislative requirements, including requirements for an effective child-resistant barrier. This includes portable and inflatable pools.
Pool and spa owner responsibilities
As a pool or spa owner, you are responsible for:
- ensuring your swimming pool or spa is registered on the NSW Swimming Pool Register;
- maintaining your pool barrier, gates and latches so they remain safe and compliant;
- keeping gates closed and ensuring the barrier is not compromised by climbable objects, landscaping, structures or damage;
- displaying a current and compliant CPR sign in the pool area;
- supervising children whenever they are in or around the pool; and
- ensuring the appropriate certificates are obtained when selling or leasing a property with a swimming pool or spa.
Keeping your pool barrier compliant
Pool and spa owners are responsible for ensuring their barrier remains compliant at all times.
Changes to a pool barrier or the area surrounding the pool may affect compliance and may result in the barrier being required to meet current legislative requirements.
For further information about pool barriers and your responsibilities, refer to:
Swimming Pool Barriers and Inspections
The Swimming Pools Act 1992 requires private swimming pool and spa owners to ensure their pool is at all times surrounded by a child-resistant barrier that separates the swimming pool from:
- the property on which the pool is situated; and
- any public or private place adjoining the property.
Pool owners can engage a Registered Certifier to inspect their swimming pool barrier and, where the barrier complies with the relevant legislative requirements, issue a Certificate of Compliance. A Certificate of Compliance is generally valid for three years.
Council swimming pool barrier inspections
You can apply to have your swimming pool barrier inspected by a Council Registered Certifier by completing Council’s Swimming Pool Compliance Certificate Application.
Alternatively, contact Muswellbrook Shire Council on (02) 6549 3700 to discuss an inspection.
Please note: A minimum of 72 hours’ notice is required when booking an inspection. Please contact Council by telephone to discuss appointment availability.
For information about what to expect during an inspection, refer to:
Inspection and certification
TopCouncil’s Registered Certifiers are required to assess swimming pool barriers in accordance with the:
- Swimming Pools Act 1992;
- Swimming Pools Regulation 2018;
- Building and Development Certifiers Act 2018; and
- applicable guidance and directives issued by Building Commission NSW.
A Certificate of Compliance can only be issued where all applicable legislative requirements have been satisfied.
Registered Certifiers do not have the authority to waive legislative requirements. Certifiers are individually responsible for ensuring that certificates are issued lawfully, ethically and in accordance with applicable legislation and guidance.
Pool and spa owners should regularly inspect and maintain their safety barriers to help prevent drowning and ensure ongoing compliance.
Building Commission NSW provides self-assessment checklists to help pool owners understand their responsibilities and identify potential safety issues before an inspection.
The checklists are available under the ‘Important Information’ section of the NSW Swimming Pool Register – Frequently Asked Questions.
Important: The self-assessment checklists are provided as a guide only. Completing a checklist does not replace an inspection by a Registered Certifier and does not guarantee that a Certificate of Compliance will be issued.
Pool Barriers Constructed Before 1 September 2008
Did you know?
A swimming pool or barrier constructed before 1 September 2008 is not automatically exempt from current requirements.
Certain swimming pool barriers constructed before 1 September 2008 may be assessed against the historical requirements of AS 1926 (1986) and Part 2 of the Swimming Pools Regulation 1998, where the requirements of clauses 30 and 31 of the Swimming Pools Regulation 2018 are satisfied.
If your pool barrier was constructed before 1 September 2008, Council strongly recommends that you review the Building Commission NSW guidance and complete the relevant self-assessment checklist before applying for an inspection.
Pre-2008 pool barriers
TopBefore a barrier can be assessed under the historical provisions, you must be able to provide documentary evidence demonstrating:
- What pool and barrier existed on 31 August 2008; and
- that the pool barrier was fully compliant on 31 August 2008 with:
- AS 1926 (1986); and
- Part 2 of the Swimming Pools Regulation 1998.
See clause 30(2)(a) and clause 31(1) of the Swimming Pools Regulation 2018.
At the time of inspection, the swimming pool barrier must be fully compliant with the applicable historical requirements of:
- AS 1926 (1986); or
- Part 2 of the Swimming Pools Regulation 1998.
See clause 30(2)(a) of the Swimming Pools Regulation 2018.
If sufficient documentary evidence cannot be provided, or the inspection identifies that the barrier did not comply with the applicable historical requirements as at 31 August 2008, a Certificate of Compliance cannot be issued under the historical provisions.
In these circumstances, the swimming pool barrier will be required to comply with the current requirements of the Swimming Pools Regulation 2018 and AS 1926.1–2012 before a Certificate of Compliance can be issued.
To obtain a Certificate of Compliance under the historical provisions, sufficient documentary evidence must be provided to demonstrate that the relevant legislative requirements are satisfied.
For further information, refer to:
Fact Sheets
TopFact Sheet 1: Pool and Spa Barrier Compliance
Fact Sheet 2: Ensuring Barrier Compliance
Fact Sheet 3: Barriers Built Before 1 September 2008
