Swimming Pool Barrier Inspection Program
Swimming pool inspections
The Swimming Pools Act 1992 (the “Act”) requires every council to develop a Swimming Pool Barrier Inspection Program (PDF) detailing how they intend to proactively inspect swimming pools in their local government area.
Woollahra’s program aims to:
- increase pool safety in our area; and
- explain the steps that we will take to inspect swimming pool safety barriers to ensure compliance with the requirements of 'Part 2 - Access to Swimming Pools' of the Act and the relevant Australian Standards.
Council will undertake inspections of swimming pools in accordance with our adopted Swimming Pool Barrier Inspection Program in the following circumstances:
- In response to complaints
- During the assessment of building certificate applications
- Where a swimming pool is observed by a Building & Compliance Officer and the swimming pool safety barrier appears deficient and/or there is no current Certificate of Compliance or relevant Occupation Certificate
- Following notification of a defective barrier from an accredited certifier
- On request of an owner and completion of the applicable form
- Multiple occupancy dwellings - Commencing from 29 April 2014, all premises with more than two (2) dwellings including residential flat buildings and townhouse developments that do not have a current Certificate of Compliance or relevant Occupation Certificate will be inspected by Council at least once every three (3) years.
- Sale of land - Commencing from 29 April 2016 the Conveyancing (Sale of Land) Regulation 2010 will require any contract for the sale of land on which there is a swimming pool to include a copy of either a valid Certificate of Compliance, Certificate of non-compliance or a relevant Occupation Certificate.
- Lease of land - Commencing from 29 April 2016 the Residential Tenancies Regulation 2010 will require landlords of premises on which there is a swimming pool to provide a copy of a valid Certificate of Compliance or a relevant Occupation Certificate at the time a residential tenancy is entered into.
- Random checks - As resources permit Council may randomly select properties from the state-wide Swimming Pool Register that do not have a current Certificate of Compliance (or relevant Occupation Certificate). Priority will be given to inspecting older swimming pools that have never had a Certificate of Compliance (or relevant Occupation Certificate). Once a property has been selected, Council will write to the owner and request that they make arrangements for an inspection either by a Council Officer or an accredited certifier.
When a swimming pool has been inspected and it is found to comply with the relevant pool safety barrier requirements, a satisfactory inspection will be recorded in the state-wide Swimming Pool Register and a swimming pool Certificate of Compliance will be issued. A Certificate of Compliance cannot be issued if a swimming pool has not been registered on the register.
Either the Council or an accredited certifier can issue a Certificate of Compliance, which remains valid for three (3) years from the date of issue as long as the swimming pool safety barrier is maintained and there are no grounds for a formal direction to be issued.
Similarly, a newly constructed swimming pool that is constructed pursuant to a development consent or a complying development certificate should be issued with an Occupation Certificate at the conclusion of the development certifying that the swimming pool safety barrier complies with the Act. An Occupation Certificate certifying compliance with the Act will also remain valid for three (3) years from the date of issue as long as the swimming pool safety barrier is maintained and there are no grounds for a formal direction to be issued.
Premises with a current Certificate of Compliance or a relevant Occupation Certificate will not require a Council inspection unless Council receives a complaint and there is good reason to believe that the swimming pool safety barrier no longer complies.
Required inspection fees
Any inspection of a swimming pool safety barrier carried out by Council under our Swimming Pool Barrier Inspection Program will be charged an inspection fee in accordance with Clause 18A of the Swimming Pools Regulation.
Currently the inspection fee is $150 for the first inspection and $100 for a second inspection. No fee can currently be charged for a third and subsequent inspection. Any request for an inspection must be accompanied by the prescribed fee.
Council will not issue a Certificate of Compliance until all required inspection fees are paid.