Private Swimming Pools
When the weather heats up there's nothing quite like a refreshing dip in your own backyard swimming pool. Swimming pools provide a great source of fun and relaxation, however they can also be a danger. Whether its an inground, aboveground or temporary pool, there are some quidelines you must follow to not only comply with the relevant laws, but to help keep the season a safe and happy one, especially for our vulnerable youngsters. This page contains details on,
- Approval Requirements
- Key Safety Requirement
A downloadable handout regarding swimming pools is available from the factsheets page of this website.
Download the Swimming Pool Compliance Certificate (PDF 161Kb)
All swimming pools, including inflatable pools and spas, that are capable of holding 300mm of water or more are required to adhere to the Swimming Pools Act 1992. When installing a swimming pool you may need to submit either a Development or Complying Development Application. To submit a Complying Development Application (which is simpler, cheaper and faster way of obtaining development approval) the intended structure needs to meet the following criteria:
- Located behind the front building line and/or in the rear yeard and at least 1m from side & rear boundaries;
- Any decking no more than 600mm above the existing ground level;
- Any coping caround the pool must not be more than; 1.4m above the existing gournd level, or 300mm wide if the coping is more than 600mm above the exisitng ground level,
- Water discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main.
If you live on a property that already has a swimming pool and you are unsure as to whether it has approval, you can find out by contacting your local council office. If it does not have approval you can apply to Council for a certificate of compliance.
Please also be aware that when submitting an application for the installation of a new swimming pool, if the pool will have a capacity of 40,000L or more you will need to submit a BASIX Certificate with your application. This ceritificate relates to energy and water efficiency and can be obtained online at www.basix.nsw.gov.au.
Some key requirements for Swimming Pools
A warning sign (that can be purchased from your local hardware or swimming pool supplier) is required in the immediate vicinity of the swimming pool outlining Cardiopulmonary Resuscitation and showing the following statements:
- "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL"
- "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES"; and
- "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES"
The fence (or child-restraint barrier) is to be a permanent structure and;
A child-restraint barrier that meets Australian Standard 1926.1 - 2007 Swimming Pool Safety-Safety Barriers for Swimming Pools - is required to surround the pool, separating it from any residential building either on the premises itself or from any place adjoining the premises. On large properties of 2 hectares or more this may not be necessary as long as any means of access to the pool from any residential building on the premises are restricted at all times in accordance with the above Australian Standard.
- Be of a height not less than 1200mm;
- Have a gap no larger than 100mm between the bottom of the barrier and the finished ground level;
- Be free of any sharp edges, projections, entrapping spaces or similar hazards;
- Have a non-climbable zone (NCZ) of at least 900mm;
- Contains gaps no greater than 100mm between vertcal members (such as palings or rods) at any point;
- The child resistant barrier;
- Shall open outwards only (i.e. away from the pool area); when closed shall have a gap no wider than 10mm between the gate & fence;
- Be fited with a self-closing device that will effectively close and lock the latching device from any stationary position without the aid of manual force;
- Have a latching device at a minimum height of 1500mm that will lock upon closing of the gate and not re-open without it being manually released.
Swimming Pool Enquiry?
A health and Building Officer is available every day at the Planning and Development Enquiry Counter to assist you with your Swimming Pool enquiries. If you are unable to attend Council's Mudgee Administration Building in person, you can contact the Planning and Development Department on (02) 6378 2831, via email at firstname.lastname@example.org, or my mail marked attention to the Planning and Development Department - Mid-Western Regional Council 86 Market Street, Mudgee NSW 2850.
NSW Legislation - Swimming Pools act 1992 and Swimming pools Regulation 2008
A handy downloadable "Home Pool Safety Checklist" and further relevant information is available from the Royal Life Saving website -
Phone: (02) 9634 3700
The Australian Standard 1926.1-2007 Swimming Pool Safety-Safety Barriers can either be viewed at your local library or council office, or you can purchase a copy online from https://www.saiglobal.com/en-au/standards_and_legislation/