Swimming pool next to pool fence banner image

Swimming pool barrier inspection program

All NSW councils must develop and implement a swimming pool barrier inspection program.

The program aims to:

As part of the inspection program, we will inspect swimming pools:

  • related to tourist and visitor accommodation and multi-occupancy developments – every three years at the most
  • when a property owner – or person on their behalf – applies within a reasonable time before the property’s sale or lease
  • when a customer, staff member or property owner applies - within a reasonable time - to ensure they install the pool barrier in line with the Act’s requirements
  • that we identify as unregistered or to ensure the property owner installs the pool barrier in line with the Act’s requirements
  • at non-mandatory residential properties to ensure that pool safety barriers meet standards and reduce drowning or near-drowning events.

As part of the program, we do not need to inspect a swimming pool that has a valid Certificate of Compliance or Occupation Certificate.

We adopt a risk-based approach in our inspection program. This means we prioritise unauthorised and unregistered pools and spas.

We can modify this program if:

  • the modification does not alter the program's intent
  • we clearly specify the item we want to change
  • legislation requires a change to the program.

We charge $150 for an initial pool barrier inspection and $100 for a reinspection, if required. This includes a Certificate of Compliance for pool fences that comply.

We charge further fees to carry out follow-up inspections, if necessary.

Apply for a pool barrier inspection

Our trained staff implement the inspection program. Their responsibilities include:

  • educating the community
  • inspecting swimming pools in line with program requirements
  • identifying unregistered and unauthorised swimming pools
  • enforcing requirements of the Act
  • issuing Certificates of Compliance
  • statutory program reporting.

Education and awareness

Educating pool owners is an important part of the inspection program’s success.

We provide ongoing community education and awareness through:

Key messages we deliver relate to:

  • the importance of pool barrier maintenance
  • adult supervision.

Enforcement

We educate and engage with pool owners and the community to ensure compliance with the Act.

Pool safety barriers are effective, and we rely on property owners to maintain their barriers.

Under the Act, we can issue notices and directions to encourage compliance when we find it necessary.

  • 'Certificate of Compliance' – relating to a swimming pool means a certificate issued under Section 22D of the Swimming Pools Act 1992.
  • 'Multi-occupancy development' – a building, or buildings that is, or are, situated on premises that consists of two or more dwellings.
  • 'Relevant Occupation Certificate' – relating to a swimming pool, means an Occupation Certificate issued under the Environmental Planning and Assessment Act 1979 that is less than three years old and that authorises the use of the swimming pool.
  • 'Swimming pool' means an excavation, structure or vessel that is:
    • capable of being filled with water to a depth greater than 300 millimetres
      and
    • solely or principally used, or that is designed, manufactured, or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom, or anything declared by the Regulations not to be a swimming pool for the purposes of this Act.
  • 'Tourist and visitor accommodation' – means a building or place that provides temporary or short-term accommodation on a commercial basis and includes backpackers’ accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel and serviced apartments and Airbnb.

We can help you

If you need more information, please contact 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.