Swimming Pools

Research conducted on child drownings in backyard swimming pools indicates that the most common contributing factors are inadequately fenced pools and human error (for example; gates being left open – not self closing, fencing and gates not adequately maintained and checked).
People choosing to have a pool have a responsibility to ensure that pool safety barriers and gates are installed, operating and maintained to the Australian Standard referred to in the Regulation.
It is also important that parents and others responsible for supervising children know how to administer Cardiopulmonary Resuscitation (CPR). The Royal Life Saving Society of NSW and Surf Life saving NSW conduct CPR courses. All supervising adults are encouraged to undertake CPR training.

Swimming Pool Requirements - What you need to know

Tamworth Regional Council has an obligation under the Swimming Pool Act 1992 to ensure that your swimming pool meets compliance or actions are being undertaken to bring your pool into compliance to ensure the safety and wellbeing of your family and the community.

As a pool owner you must

• Register your swimming pool on the NSW Governments Swimming Pool Register https://www.swimmingpoolregister.nsw.gov.au/
• ensure that pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property
• keep closed the doors and gates that provide access to the swimming pool
• ensure that fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian standards.
• cardiopulmonary resuscitation (CPR) signage to be displayed and visible near your pool.

Note; from 1 September 2019 signage is required for pools under construction or renovation – “this swimming pool is not to be occupied or used”.

People who are selling a property with a pool must have

• A certificate of compliance; or
• A relevant occupation certificate and a certificate of registration; or
• A certificate of non-compliance
Purchasers of a property with a non-compliant swimming pool have 90 days from the date of settlement to resolve any non-compliance matters.

Leased properties with a swimming pool must have

• A certificate of compliance; or
• A relevant occupation certificate and a certificate of registration.
Landlords and Real Estate Agents must provide the tenant with a copy of the above. Non-compliance certificates are not acceptable where a residential tenancy agreement is in place.

Council responsibilities

• develop and implement a swimming pool barrier inspection program in consultation with their communities
• inspect pools associated with moveable dwellings, tourist and visitor accommodation at three-year intervals
• at the request of a pool owner, inspect a swimming pool or spa pool prior to the sale or lease of the property
• issue either a certificate of compliance or non-compliance after an inspection
• investigate complaints about breaches of the Swimming Pools Act 1992
• where necessary, direct pool owners to take action to ensure that legislated pool barrier requirements are complied with
• make publicly available a relevant extract of the Building Code of Australia, Cardio Pulmonary Resuscitation Guideline and applicable Australian Standards
• report annually on the number of pool inspections undertaken and the level of compliance with the requirements.

Fees will be incurred for all inspections and certificates from Council.

For further information regarding the selling, leasing or your obligations as a pool owner please visit following websites.