Swimming Pools
Swimming Pool Barrier Inspection Program
In 2013 the Swimming Pool legislation was amended to require all swimming pool barriers to be inspected to reduce childhood drownings.
The approximate 11,400 pools in Hornsby Shire will be inspected through a combination of mandatory and random inspections. For more information view the Swimming Pool Barrier Inspection Program (PDF 51kb).
Have you registered your pool or spa yet?
To register your swimming pool or spa please refer to the NSW Swimming Pool Register.
Cardiopulmonary Resuscitation (CPR)
Cardiopulmonary resuscitation (CPR) is life-saving first aid and an essential skill for backyard pool owners.
A CPR resuscitation chart must be displayed within the pool or Spa area.
CPR is a combination of mouth-to-mouth resuscitation and chest compressions delivering oxygen and artificial blood circulation to anyone in cardiac arrest.
Who can inspect my pool?
Due to extensive delays resulting from numerous applications, you may wish to engage the services of a Private Certifier to inspect your swimming pool.
Once you have a signed Authority/Contract with your Certifier please forward this along with the ‘Engaging a Private Certifier Form’ you have received to hornsbycertifiers@hornsby.nsw.gov.au.
A list of Certifiers can be found on the NSW Swimming Pool Register via: Inspection — NSW Swimming Pool Register
Are you selling or leasing your property?
Selling
From 29 April 2016 properties sold with a swimming pool must have a relevant Occupation Certificate, Certificate of Compliance or a Certificate of Non-Compliance, issued from the NSW Swimming Pool Register.
Should the property be sold with a Certificate of Non-Compliance, the purchaser will have 90 days from the date settlement to rectify all non-compliances and obtain a Certificate of Compliance or be subject to current penalties.
NOTE: Receiving a Certificate of Non-Compliance for the pool does not negate your responsibility as the owner of the property to ensure that the swimming pool barrier is at a level of compliance with the Swimming Pools Act 1992 and Regulation 2018. Although the Non-Compliance Certificate is valid for 12 months, the pool cannot remain unsafe for this length of time and as such the works are required to be completed by either yourself or the new owner in a timely manner.
Leasing
From 29 April 2016 properties leased with a swimming pool must have a relevant Occupation Certificate or Certificate of Compliance, issued from the NSW Swimming Pools Register.
Multi Unit or Tourist and Visitor
Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease as they are already regulated by mandatory three (3) year inspection programs.
Swimming Pool Legislation
Commencing 1 May 2013, a new Standard was introduced to NSW for swimming pool compliance. This Standard is the AS 1926.1-2012.
For more information please refer to: Swimming pools and spas | NSW Fair Trading
Have you removed your pool?
The removal or demolition of a pool may require development consent.
Prior to conducting any works please ensure you have the required approvals.
Once the swimming pool has been removed please email hornsbycertifiers@hornsby.nsw.gov.au stating you have removed your swimming pool and wish your details to be updated on the NSW Swimming Pool Register.
Please include before and after photos showing your swimming pool has been removed.
Swimming Pool FAQs
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.
Are you summer ready?
Now's the time to check in with yourself and your family so you can safely enjoy a water way of life this summer.
- Download the Pool Safety checklist (PDF 3.5MB)