Swimming Pool Compliance

Swimming Pool Compliance

Council wishes to remind all swimming pool owners of their responsibilities under the Swimming Pool Act 1992. Any body of water which is greater than 300mm in depth used for human aquatic purposes is considered a swimming pool. Many of the temporary inflatable swimming pools currently being sold and erected in our Council area are required to comply with the provisions of the Act.

The owner of the premises on which a swimming pool is situated must ensure the swimming pool is at all times surrounded by a child-resistant barrier. A child-resistant fence is:

  • to separate the swimming pool from any residential building and from any place adjoining the premises;
  • to be a minimum height of 1.2 metres above finished ground level and the height of any opening between the fencing and finished ground level shall not exceed 100mm; and
  • gate/s must be capable of closing and locking when the gate is opened only 50mm from the latch on the gate post.

In addition, a resuscitation poster must be erected and well maintained in a prominent position in the immediate vicinity of the swimming pool.

Council officers will be undertaking spot compliance inspections of swimming pools throughout the coming months. Penalties will apply to owners of swimming pools which do not comply with the requirements of the Swimming Pool Act 1992.

Proposed new mandatory swimming pool barrier inspection program

Recent changes to the NSW Swimming Pools Act introduced requirements for new mandatory swimming pool barrier inspection programs in each local government area.

Council is considering amending its Swimming Pool and Spa Pool Compliance Program from inspecting residential pool barriers every three years to inspecting 200 residential pool barriers every year.

Read more here.

Swimming pool compliance

Be pool safe at all times! The most effective home pool safety measure is proper adult supervision at all times, but a well-maintained child-resistant pool barrier is also key to preventing small children’s unsupervised access to backyard swimming pools and spa pools.

RVC encourages pool owners to supervise children at all times and ensure the pool barrier is well maintained.

  • Ensuring the gate closes and latches by itself from any position.
  • Your pool fence must be clear of any objects such as BBQs, trees, rocks, shrubs and chairs that could help a small child climb over the fence.
  • A CPR sign must also be in the vicinity of the pool.
  • Any pool, including portables and inflatables, more than 300 millimetres deep, must have a fence around the pool which complies with the provisions of the Swimming Pools Act 1992 and relevant regulations and standards.
  • Any pool greater than 2000-litre water capacity must have a development application lodged with Council.

For further information regarding pool compliance and safety please view the website listed below, or contact our Customer Service Centre on 02 6660 0300.

Be pool safe fact sheets.


New regulations applying to the sale and lease of properties with swimming pools took effect from 29 April 2016. Under the changes, vendors need to attach to contracts of sale a Certificate of Compliance or a Certificate of Non-Compliance which outlines what needs to be fixed. Homebuyers of properties with swimming pools have 90 days from settlement to rectify non-compliant pool barriers.

The regulations are aimed at creating an effective pool barrier framework which protects the safety of children around backyard swimming pools. While there is no substitute for responsible adult supervision around a swimming pool, a compliant pool barrier helps minimise the risk of drowning or near drowning.

For more information contact our Customer Service Centres in Casino and Evans Head, or visit the NSW governments website.

Useful links and resources

Guidelines (display posters) are available for purchase from Council. Visit the Casino administration office to purchase a copy. The latest price of display posters can be found in the Revenue Policy.

By registering at the Australian Resuscitation Council’s website, visitors can access and print the CPR Guideline free of charge.

Please remember, young children need supervision at all times and especially so near swimming pools regardless if they are fenced or not. For further information about keeping kids safe around pools visit www.kidsalive.com.au.

A handy swimming pool safety checklist and regulation brochure can be downloaded from the list of documents below.

A copy of the Australian Standards may be purchased directly from SAI Global. Due to copyright Council cannot make copies available other than for viewing. A viewable copy is available at Council’s Casino administration office.

Inspections to ensure compliance

Private and commercial swimming pools within the Richmond Valley Council area are inspected on an ongoing basis by Council to ensure compliance. Please note penalties apply for non-compliance.

A certificate of compliance can be found here.

Should you wish to make application to Council for an exemption from the requirements of Part 2 of the Act, such as to restrict access to the swimming pool, complete a Swimming Pool Section 22 Exemption form.

More information

Safety Guidelines for Consumers

Published on: 24/07/2018 | Size: 219.0 KB

Resource Guide For New Pool Owners

Published on: 24/07/2018 | Size: 1.9 MB

Swimming Pool - General Requirements Handout

Published on: 17/07/2018 | Size: 116.9 KB

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