Swimming Pool Legislation

In NSW, swimming pool safety is legislated by the Swimming Pools Act 1992 (the Act) and the Regulation.

Swimming Pools Act 1992 - prescribes the fencing requirements of backyard swimming pools in NSW. Some other safety requirements are prescribed including the requirement for a CPR sign to be displayed near the pool.

Swimming Pools Regulation 2008 - effective from 1 September 2008. The Regulation calls up Australian Standard 1926.1-2007 for pool barriers. The Standard includes new requirements for non-climbable zones, adjusted mesh sizes for fences, retaining walls that form part of a barrier and balconies that project into the pool area.

These new requirements apply to new pools only and do not significantly increase costs. Existing pools, as defined by the Act, will not be required to comply unless there are substantial alterations made to the child resistant barrier.

The Regulation also requires that councils and the Department have the following documentation available for public inspection at no cost:

Guideline 7 Cardiopulmonary Resuscitation - This Guideline is available at the Australian Resuscitation Council website at www.resus.org.au. By registering at the website visitors can access and print the guideline free of charge. Councils and others should consider subscribing as this will allow them to access an extensive range of related material.

AS1926.1-2007, Australian Standard Swimming Pool Safety Part 1: Safety barriers for swimming pools - This Standard (as amended 5 May 2008) is available for purchase at www.saiglobal.com. For copyright reasons, the Department cannot make copies of the Standard available to councils or other persons or bodies.