Section 23 of the Swimming Pools Act 1992 allows the owner of the premises on which the swimming pool is situated to request the swimming pool to be inspected.
If an agent (such as a real estate agent or solicitor) makes an inspection request on behalf of an owner, evidence must be provided that the owner(s) have authorised them to do so.
If the premises has only recently been sold, confirmation from the solicitor or conveyancer may be required.
Yes, Council’s fee for the carrying out of an inspection under the Swimming Pools Act 1992 is $150.00. A further $100.00 fee applies for any subsequent inspection, until either the property is sold or the Certificate of Compliance expires.
Following the inspection, one of two things will happen:
1. If the pool is found to be compliant with the Act, registered (at www.swimmingpoolregister.nsw.gov.au) and any applicable inspection fee has been paid, a certificate of compliance will be issued.
2. If this is not the case, Council will notify you of the reasons it is not issuing a Certificate.
If the pool does not comply with Part 2 of the Act (which deals with barriers and signage), a direction may be served requiring you to take specific actions to make it compliant.
If a pool barrier still meets the standards and requirements that were in force at the time it was built and has not been substantially altered or rebuilt, it does not need to be upgraded.
If a pool barrier (fence, gate, etc) does NOT meet the older standard’s requirements at the time of the inspection, it will need to be upgraded to meet the current requirements.
Anytime a pool (or its barrier/fencing etc) is substantially altered or rebuilt, it must be made to comply with the standards in force at the time of the works.
The NSW government swimming pool register has checklists available for self-assessment on the NSW Swimming Pool Register at www.swimmingpoolregister.nsw.gov.au.
Also, the NSW Government has partnered with Royal Life Saving Australia to produce the website www.bepoolsafe.com.au.
This site contains videos, information and fact sheets on a number of pool safety issues.
Copies of AS1926.1 (the relevant Australian Standard) and the Building Code of Australia are available for public viewing at Council’s Administration Centre, 240 Blende Street.
The Building Code of Australia (the NCC) is free to access online at www.abcb.gov.au.
Public access to NSW legislation is freely available via www.legislation.nsw.gov.au
Two groups of people are able to inspect swimming pools under the Act: Local Authorities (Councils) and Accredited Certifiers.
Local Authorities appoint Authorised Officers to carry out inspections, who must carry a certificate of identification.
Accredited Certifiers are regulated by the Building Professionals Board and a written contract is required between you and the certifier.
The Building Professional Board’s website has more information about and a register of Accredited Certifiers: www.bpb.nsw.gov.au