Swimming Pool Certificates

 

What is a Swimming Pool Certificate?

Under section 22C of the Swimming Pools Act 1992 (the Act) the owner of any premises on which a swimming pool or spa is situated may apply for a Certificate from either their local council or an accredited certifier for a certificate to certify that their swimming pool barrier complies.

This Certificate is compulsory from 29 April 2014 when selling or leasing a property with a swimming pool. Certificates are also required for place of shared accommodation and multi dwelling houses.

Arrange an inspection with Council

In order to obtain a Certificate it is necessary to apply for a Certificate of Compliance.

An initial inspection fee is required to be paid at the time of lodging the inspection request.  For further information please call Councils Environmental, Planning & Building Services Department on 6333 6222.

Where the swimming pool does not comply at the initial inspection additional fees may be charged.

Issuing the certificate

Council will issue a Certificate where it is satisfied that the swimming pool complies with the requirements of the Swimming Pools Act 1992 and the pool is registered on the NSW Swimming Pools Register.

A certificate of compliance states that as at the date on which the certificate is issued, the swimming pool complies with the requirements under Part 2 of the Act.

How long is the certificate valid for?

Provided there are no changes to the pool barrier, the Certificate of Compliance is valid for three years.

Pool Exemption Certificate

Under section 22 of the Act the owner of any premises in or on which a swimming pool is situated, or proposed to be constructed, may apply to council for a Pool Exemption for the subject pool from all or any of the requirements of the Act.

For an exemption to be granted, council must be satisfied in the particular circumstances of the case:

  1. that it is impracticable or unreasonable for the swimming pool to comply with those requirements because of:
    • the physical nature of the premises, or
    • the design or construction fo the swimming pool, or
    • special circumstances of a kind recognised by the regulations as justifying the granting of an exemption.
  2. that an alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool.

An exemption may be granted unconditionally or subject to such conditions as council considers appropriate to ensure that effective provision is made for restricting access to the swimming pool.