Swimming pool barrier compliance
Why is Council inspecting my pool?
Recent amendments to the Swimming Pools Act 1992 by the NSW Government requires that all councils implement a swimming pool barrier inspection program designed with the aim of ensuring that swimming pools are protected by a child-proof barrier designed to meet Australian Standard requirements.
What is a Certificate of Compliance and am I required to obtain one?
A Certificate of Compliance is a formal certificate issued by Council which states that at the time of inspection, the swimming pool complies with the requirements of Part 1 of the Swimming Pools Act 1992, which includes the requirements for swimming pool fencing.
From 29 April 2016 a copy of a valid Certificate of Compliance or relevant Occupation Certificate must be attached to new residential tenancy agreements to rent property with a swimming pool or spa pool. This requirement, however, does not apply to a lot in strata or community schemes with more than two lots.
From 29 April 2016 a copy of a valid Certificate of Compliance or relevant Occupation Certificate, or a valid Certificate of Non-Compliance, must be attached to the sales contract to sell property with a swimming pool or spa pool. This requirement, however, does not apply:
- to a lot in strata or community schemes with more than two lots, or
- for any off-the-plan contracts.
These requirements apply to you if you are the owner of a property with a swimming pool or spa pool and you propose to sell the property, or rent it to tenants.
How can I organise an inspection of my pool or spa pool and obtain a Certificate of Compliance?
Council's Building Certifiers can carry out a swimming pool barrier inspection and can issue a Certificate of Compliance if the swimming pool or spa pool meets all the safety requirements.
A Certificate of Compliance is valid for three years from its date of issue. You can check if a Certificate of Compliance has already been issued online at:
Council will charge a fee of $150.00 (including GST) for an initial pool barrier inspection and $100.00 (including GST) for a reinspection, if required, (which includes the issue of a Certificate of Compliance for complying pool fences).
Council will not charge additional fees to carry out subsequent follow-up inspections.
You can request a pool barrier inspection by completing the following application form and paying the applicable inspection fee:
Before you lodge your application with Council you must register your swimming pool or spa pool online and have a valid Certificate of Registration. This certificate will need to be lodged with your Application for Certificate of Compliance for Swimming Pool.
Once registered, you can lodge your application with Council:
- in person at our customer service centre on the corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
Please arrive before 4pm so there is sufficient time to thoroughly check and lodge your application.
You will need to pay your application fees at the time of lodgement
- by emailing Eurobodalla Shire Council
- by post to Eurobodalla Shire Council, PO Box 99, MORUYA NSW 2537.
If you are mailing your application, include payment with your application to avoid delay in lodgement.
What if I already have a Certificate of Compliance or an Occupation Certificate for my pool?
Should your pool already have a Certificate of Compliance or a relevant Occupation Certificate that is less than three years old, there is no requirement for the pool to be inspected as part of the inspection program.
When is an Occupation Certificate adequate?
A relevant Occupation Certificate may be used instead of a Certificate of Compliance if it:
- authorises the use of the swimming pool, and
- is less than three years old.
However, if an Occupation Certificate is used, evidence that the swimming pool is registered must also be provided with the sales contract (see below).
How can I check if my pool is registered?
It is compulsory for all pools to be registered. You can register your swimming pool or spa pool, or check whether it has already been registered and print a Certificate of Registration, online at the NSW Government Swimming Pool Register:
- Pool safety requirements - new swimming pool laws and fencing/gate requirements
- Pools and spas - information about the requirements and responsibilities of owning a pool in NSW such as: pool registrations and inspections, pool barrier requirements, structures within a pool area and pool removal.
We can help you
If you need more information about swimming pool barrier compliance, please phone our Development Help Desk:
- T: 02 4474 1231
- E: Council's Development Help Desk
- visit our customer service centre at the corner of Vulcan Street and Campbell Street, Moruya, Monday to Friday between 8.30am and 4.30pm.