Complying with the NSW Pool Fencing Regulations in 2020
In 2020 many people are confused regarding the most recent 2018 Swimming Pools Regulation and associated Standards that apply to Swimming Pool fence Compliance in NSW. Owning a pool with a non-compliant fence comes with great risk. If a child gets into your pool enclosure and there is an incident, and even worse, an accident or death, you will find yourself self-insured unless you have notified your insurer that you do not hold a Compliance Certificate as per your duty of care. All pool enclosures must comply with the NSW swimming pool fence compliance regulations whether you are familiar with the regulations or not.
So, what can every swimming pool owner do to avoid the risk of penalties arising from a spot check from your local Council and ensure a safe swimming environment for your family? To keep yourself on track, there are some important things that you need to know to comply with the pool fencing regulations in NSW.
While leasing or selling properties with swimming pools
Are you planning to sell or rent a property with a swimming pool? There are a few points you should consider.
Leasing or selling properties with swimming pools have specific rules in NSW. In 2013 it became mandatory for all swimming pools to be registered on the NSW Swimming Pool Register.
Go to www.swimmingpoolregister.nsw.gov.au and type in the address. If there is no evidence of a registered pool at this address, read on for instructions on how to register your pool or spa.
Next step book an inspection with Mirage Frameless Glass. This is essential for landlords with expiring compliance certificates and where tenants have given notice. Landlords must not enter a new Lease without a current Compliance Certificate. Owners who are selling do have the option to sell with a Non-Compliance Certificate, but must still have their pool enclosure inspected by an Accredited Certifier.
Are you Buying a House with a Pool?
When it comes to buying a house with a swimming pool, most purchasers prefer to buy a house where the pool that has been issued with a Compliance Certificate as this means the buyer can rest easy knowing that the pool enclosure is safe and compliant. We meet many new owners who have no idea how to rectify the issues because these were not explained to them. This is where Mirage Frameless Glass can assist with advice specific to your pool enclosure.
Making Sure Your Kid’s are Safe in the Pool
Kids want to spend all their time in the pool where they play and jump around with much excitement, but kids are unaware of the hidden dangers that pool owners must become familiar with. Sure, your swimming pool is a great place for relaxation and enjoyment, but you should make sure that the safety of your kids shouldn’t be overlooked by ensuring your pool fences do the job they are intended for – keeping children out of the pool unless actively supervised by an adult. The Number 1 issue we see is where pool owners are using their swimming pool enclosure as an entertainment centre, with other activities going on such as dining, watching TV, cooking and hanging out the clothes. This is a recipe for disaster and many pool owners will prop the pool gate because all the leisure activities are going on inside the pool enclosure and supervision becomes passive as the adults are engaged in other activities and may be unaware that their child has quietly fallen into the pool water. It happens… we lead busy lives with many distractions such as mobile phones that distract us.
Children under 5’s should be supervised at all times and never be allowed to play around the pool without active arm’s length supervision. Moreover, installing a compliant pool barrier is also vital to restrict the access of your kids into the pool without you. Children are attracted to water but must learn that a secure fence is there to protect innocent youngsters from the dangers of getting into trouble in the water. Many pool owners are unable to identify the difference between a compliant and a non-compliant pool fence as they are not familiar with the Regulations and Standards that apply to their pool. Our advice to contact Mirage Frameless Glass for a consult, we work closely with Private certifiers and we can repair and issues that might arise.
Registering your Pool on the Swimming Pool Register –
Registering your pool is easy – https://www.swimmingpoolregister.nsw.gov.au/
If your pool fails to meet the pool fence standards –
Our private certifier will issue a non-compliance certificate if your pool fails to meet the pool fence standards. The purpose of a non-compliance certificate is simple – it allows homeowners to market and potentially sell their property without rectifying the non-compliances first. The purchaser agrees to rectify all non-compliances and they have 90 days to do that before they are in breach of the terms of the non-compliance certificate.
All swimming pools and spas are required to be compliant. Just because you are selling does not mean you are totally exempt in fact your local council has a mandate to inspect every swimming pool in their area once in five years and they are out in force now, carrying out spot checks and issuing fines.?
Checklist Item 1 – Pool Fence
According to NSW Swimming Pool Regulation, your swimming pool should be surrounded by a sturdy and fully compliant pool barrier. No current Pool Fence? No worries, call Miarge Frameless Glass today.
Checklist Item 2 – Pool Gate
Your pool gate should be self-closing from any position. It must have a child-resistant latching device which is at least 1500mm above the ground level so that young children cannot reach the latching device.
In addition to, you pool gate should open outwards from the pool effortlessly so that kids cannot put a chair in front of the gate to reach the latch and then easily open the gate.
Checklist Item 3 – Windows and Doors
If your pool has windows overlooking, they must not open more than 100mm. If you have a door from your Residence that opens directly into your pool enclosure, you need to seek guidance from an accredited certifier before you make any changes to your pool enclosure.
Checklist Item 4 – Non-Climbable Zone (NCZ)
According to standardAS1926.1-2012 Standard, a Non-Climbable Zone is necessary to make sure that child’s access to the swimming pool is restricted. There are up to five non climbable zones and 1-2 clear zones within a pool enclosure.
For example, all swimming pools have a 900mm Non-Climbable Zone around the outside of the pool fence that extends in both an upward and downward direction. There should not be any potential foothold s like gate hinges, chairs, shrubs, trees, ladders, pot plants and other objects that your kids can climb on easily.
Checklist Item 5 – Indoor Pools
Indoor pools have their own set of pool compliance regulations in NSW. Put simply, your pool should have an outward opening, self-closing, self-latching pool gate or door with a latching device which is at least 1500mm above the ground level. If there are any pet doors or wall openings, they must not open more than 100mm. There are strict requirements for any windows that overlook an indoor pool, depend an upon the height of the windowsill.
Relying on an Accredited Certifier for Pool Inspection –
E1 Accredited certifiers are authorised to inspect and check whether your swimming pool meets all the compliance standards proficiently.
Final Consideration –
Meeting all the swimming pool compliance requirements seems like a complex and difficult process. Many pool owners tell us their pool is compliant but they have failed to recognise the changes they have made over the years, such as building in BBQ’s, garden beds, adding a deck or making other significant changes. To follow the NSW swimming pool regulations, you do need guidance however we know from experience that having a safe and fully compliant pool is achievable. Our advice is to only make changes to your pool enclosure after you have met with an accredited certifier. Many pool owners make the changes first and find that they have made costly mistakes and still do not have compliance.
Call us today to discuss your pool fence compliance needs.