Swimming Pools

The 2012 National Drowning Report prepared by the Royal Life Saving Society has reported that twenty one drowning deaths of 0-4 year olds occurred in Australia in 2011/2012.

Thirty eight per cent (38%) of those drowning deaths took place in swimming pools. A 2010 study showed that a person was 200 times more likely to drown, relative to exposure to water, than to be involved in a traffic fatality.

In addition to the deaths from drowning statistics, there are many stories of young children that survive immersion in water, but are left with lasting physical and mental disabilities. The Children's Hospital Westmead has reported that there was an average of 25 near drowning incidents per year among children under the age of five that occurred in swimming pools from 2007/08 to 2009/10.

Further, the Division of Local Government estimated approximately 10% of all non-fatal admissions result in permanent brain damage based on data from various sources. More recent data suggests that of all near drowning incidents, 22.3% will experience some form of permanent brain damage, leading to the need for long term care.

The Division of Local Government has estimated the total cost to NSW of child immersions in home swimming pools per year to be approximately 23 million. These statistics indicate the importance of water safety and the vulnerability of small children near pools.

The recent changes to legislation concerning swimming pools aims to assist in improving pool safety.

Yes, the NSW Government introduced the Swimming Pools Act in 1992 requiring that every pool owner protect their pool with a child proof barrier designed to Australian Standard requirements.

Recent amendments to the Swimming Pools Act by the NSW Government requires all councils to introduce a swimming pool barrier inspection program with the aim of ensuring that swimming pools are protected by a child proof barrier designed to Australian Standard requirements.

Council adopted its Program on 16 October 2013 after the Draft Program was exhibited in local newspapers, at Council’s Administration Building and on Council’s website from 1 August 2013 to 29 August 2013.

The aim of the new legislation is for all swimming pools within NSW to be inspected to ensure they are protected by a child proof barrier designed to Australian Standard requirements. To inspect the 8,400 swimming pools located within the Hornsby Shire and within a reasonable time frame (5 – 7 years) a combination of mandatory and random inspections need to be undertaken.

Pool owners can engage Council or a private Building Certifier for this role. To locate a private building certifier you can visit the Finding and appointing a certifier website https://www.fairtrading.nsw.gov.au/housing-and-property/building-and-renovating/preparing-to-build-and-renovate/finding-and-appointing-a-certifier.

Private certifiers are able to charge a commercial rate for their services. However, to safeguard against unaffordable fees to pool owners, the NSW Government capped the inspection fees for all councils at $150 for the first inspection and $100 for the follow up.

The inspection time will vary depending on the number of non-compliances and the usual discussions that follow. However, experience shows that the inspections usually take 1-2 hours on site with results provided to the owner within the following 2-3 days.

No. As pool inspections can be undertaken by the private sector, pensioner discounts could be seen as anti-competitive by the NSW Independent Pricing and Regulatory Tribunal.

With a reported 60% - 80% of existing pools not being protected by a compliant pool barrier or a poorly maintained barrier, the State Government felt it was time to introduce new legislation that aims to reduce this statistic and ultimately save lives. The Government also recognised that without the ability to charge any inspection fees, councils would have limited capacity or incentive to implement effective inspection programs.

Yes, under the Swimming Pools Act, a spa pool is required to be inspected. However, as spas are considered to be a lower risk than swimming pools, they will be inspected towards the end of our inspection program.