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Swimming pools
Tragically, every year a number of children drown in backyard swimming pools. With approximately 3,000 backyard swimming pools in the City of Canada Bay, swimming pool safety is vital.
In NSW, private or ‘backyard’ swimming pool safety is legislated by the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.
The Act was introduced to improve pool safety for children, however laws requiring pool barriers and warning notices are just one part of pool safety. Also crucial is maintaining the pool barrier, keeping entry points secure, appropriate adult supervision, teaching young children to swim and resuscitation (CPR) training.
The City of Canada Bay is encouraging all pool owners to carry out an urgent check of their pool fencing. A Swimming Pool Fencing Checklist has been developed to assist you in determining whether your fencing is compliant. Should you answer 'No' to any of the items the checklist, you are encouraged to contact a licensed swimming pool fencing contractor immediately to rectify the matter.
Should you wish to check if your swimming pool is in compliance with the Swimming Pools Act, you can apply to Council for a Swimming Pool Compliance Certificate for a fee of $150.00 + $100 for second and subsequent inspections. PLEASE NOTE: Council is experiencing significant delays in providing this service in a timely manner. It the compliance certificate is a priority, you are advised to engage the services of a private accredited certifier to ensure you receive the compliance certificate as soon as practicable.
For a list private certifiers who are authorised to issue swimming pool certificates of compliance or non-compliance, please visit the Swimming Pool Register (NSW Government).
For more information on swimming pool safety please visit Office of Fair Trading - swimming pools and spas page.
In most cases a swimming pool cannot be installed without consent. You should refer to the Exempt and Complying Development section of Council's website to determine if your proposal can be constructed without consent or through a Complying Development Certificate. If the proposal does not fit within the specific exempt or complying development criteria then Council consent will be required. Refer to our Development Application Process page for an overview of the development process and links to Council's controls, then download a copy of the Swimming Pool DA Checklist if required.
Swimming Pool Amendment Act 2012
As a result of the Swimming Pools Act, 2012 Council is required to:
- Develop in consultation with residents of the City of Canada Bay a program for the inspection of swimming pool barriers in its area
- Report annually on the number of pool inspection undertaken and the level of compliance with the requirements
- Inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year intervals
- At the request of a pool owner, inspect pools prior to sale or lease
- Issue compliance certificates (valid for three years) after an inspection which finds a pool barrier compliant with the requirements of the legislation.
The Swimming Pool Barrier Inspection Program was adopted by Council on 26 November 2013.
Swimming Pool Owners Responsibility
All swimming pool owners must register their swimming pool and/or spa on the NSW State-wide register by 29 October 2013. Please visit the NSW Government Swimming Pool Register to register.
Self Assessment of Swimming Pool Barrier Fencing
Swimming pool owners are encouraged to undertake a self assessment of their swimming pool barrier fencing to ensure compliance with the relevant legislation.
To view the relevant self-assessment checklists please visit the NSW Government Swimming Pool Register website
Selling or Leasing a Property with a Swimming Pool
From 29 April 2016, a swimming pool owner must obtain a swimming pool compliance certificate before they can sell or lease their property. The swimming pool compliance certificate certifies that the swimming pool barrier fencing complies with the relevant standard. The swimming pool compliance certificate is valid for a period of three years.
A swimming pool compliance certificate can be obtained from Council by completing the application form below. Before you can apply for a swimming pool compliance certificate you should ensure that your pool is registered on the NSW State-wide register.
Once Council has received your application, a Council Officer will contact you to arrange a suitable time to undertake an inspection of your swimming pool barrier fencing.
Application form
You can apply to Council to check if your swimming pool is in compliance with the Swimming Pools Act by lodging the Swimming Pool Compliance Certificate Form for a fee of $150.00.
More information
Please visit the following webpages:
- The Swimming Pool Act 1992 can be viewed on the NSW Government legislation page. The changes focus on increasing the safety of young children in and around backyard pools to reduce the number of drowning and near drowning incidents. Stricter rules regarding child-resistant barriers have been applied to provide further protection to children.
- Children's Hospital Westmead - Swimming Pool Fencing - see videos, checklists and posters.
- NSW Office of Fair Trading - Pool fencing requirements provides information about the required standards for pool safety.
Hard copies of the Australian Standard AS1926.1 "Swimming Pool safety, Part 1: safety barriers for swimming pools" are available for viewing at Council's Customer Service Centre and Libraries. Please note: due to copyright restrictions copies of the document are unable to be made.