Residential Pool or Spa - Notice of Swimming Pool Inspection - Clause 20 of Swimming Pools Regulation 2018

Title Page

POOL & PROPERTY DETAILS

Property Details
Date of inspection:
Is the pool registered on the NSW Register?
NSW Register No.:
A Certificate of Compliance cannot be issued until the pool is registered.

POOL TYPE

Outdoor pool
Indoor pool
Each doorway that gives access to the swimming pool is to comply with AS 1926.1-2012 AS 1926.1-2012 • Doors shall be fitted with a self-closing device that will close the door from any position, with a stationary start, without the application of a manual force and operate the latch. • The self-closing device shall be capable of complying with these requirements with the door at any position fully open to resting on the latch. • Doors shall be fitted with a latch that complies with Clause 2.4.2 and which will automatically operate on the closing of the door and prevent the door from being re-opened without being manually released. • The release for the latch shall be located on the outside of the door and not less than 1500 mm above the floor. • NCZ 1 shall apply to the outside of a door and the top of NCZ 1 shall be 1200 mm or less above the floor. See Clause 2.2.2(a). • Perforated materials or mesh shall comply with the requirements of Clause 2.3.2. • Pet doors shall not be placed in a child-resistant doorset. • Door shall not open towards the pool.
Spa
Lockable child-resistant structure (cover) such as a door, lid, grille or mesh Cover is of substantial construction and having no openings through which test object can pass Fasteners of substantial construction having no opening through which test object can pass

DATE OF CONSTRUCTION (for outdoor pools only)

All pools commenced prior to 1 August 1990 (Includes small, waterfront and large rural properties)
(Clause 31) Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is permitted meet to AS 1926-1986. Doors and windows accessing the pool area permitted to remain to 1998 Regulation.
Pools commenced from 1 August 1990 to 31 August 2008
Small Property
Has barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
(Clause 31) Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Exemption is permitted to remain in force provided any works necessary to achieve compliance is maintenance work only and does not substaially alter the barrier.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is required to separate the pool from adjoining premises.

Clause 31 - Prior to 1 September 2008
Barrier to AS 1926-1986.
Doors and windows permitted to remain to 1998 Regulation.

Clause 32 - 1 September 2008 to 31 August 2018
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007 and no footholds within 1.1m of bottom of window opening, or alternatively, key locked not to open more than 100mm or coved by a fixed security grill with no openings more than 100mm.
Large Property
Has a barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
(Clause 31) Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Exemption is permitted to remain in force provided any works necessary to achieve compliance is maintenance work only and does not substaially alter the barrier.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is not required to separate the pool from adjoining premises.

Clause 31 - Prior to 1 September 2008
Barrier to AS 1926-1986.
Doors and windows permitted to remain to 1998 Regulation.

Clause 32 - 1 September 2008 to 31 August 2018
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007
Waterfront Property
Has barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Clause 31 - Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Exemption is permitted to remain in force provided any works necessary to achieve compliance is maintenance work only and does not substaially alter the barrier.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is not required to separate the pool from adjoining premises.

Clause 31 - Prior to 1 September 2008
Barrier to AS 1926-1986.
Doors and windows permitted to remain to 1998 Regulation.

Clause 32 - 1 September 2008 to 31 August 2018
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007
There are no property based exemptions or Section 22 exemptions in force
Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is permitted meet to AS 1926-1986. Doors and windows accessing the pool area to 1998 Regulation.
Pools commenced 1 September 2008 to 30 April 2013
Small Property - only if commenced prior to 1 July 2010
Has barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is required to separate the pool from adjoining premises.

Clause 32 - 1 September 2008 to 30 April 2013
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007 and no footholds within 1.1m of bottom of window opening, or alternatively, key locked not to open more than 100mm or coved by a fixed security grill with no openings more than 100mm.
Large Property - only if commenced prior to 1 July 2010
Has a barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is not required to separate the pool from adjoining premises.

Clause 32 - 1 September 2008 to 30 April 2013
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007
Waterfront Property - only if commenced prior to 1 July 2010
Has barrier been erected between the pool and any residential building on the premises?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is not required to separate the pool from residential buildings on the premises.
Barrier is not required to separate the pool from adjoining premises.

Clause 32 - 1 September 2008 to 30 April 2013
Barrier to AS 1926.1-2007
Doors and windows permitted to remain to AS 1926.1-2007
There are no property based exemptions or Section 22 exemptions in force
Is there any evidence to suggest that the barrier been substantially altered or re-built or that is has not complied previously?
Pool is required to be upgraded to meet AS 1926.1-2012 barrier requirements.
Barrier is permitted meet to AS 1926.1-2007. Windows to AS 1926.1-2007. Doors are NOT permitted.
All pools commenced 1 May 2013 to present
Barrier and any windows are to comply with AS 1926.1-2012. Doors NOT permitted.

APPLICABLE STANDARDS

Barrier to AS 1926-1986
2.1 GENERAL -the barrier is to be a permanent structure
2.2 MATERIALS - durable and satisfactory for their intended purpose
2.3 FENCING HEIGHT - effective perpendicular height of 12000mm
2.4 GROUND CLEARANCE - opening at finished surface level not to exceed 100mm
2.5 OUTSIDE SURFACE - projections & indentations max 10mm & 900mm apart and lowest is at least 1.1m below top of fence
2.6 HORIZINTAL MEMBERS - were fence openings are more than 10mm, tops of rails etc. to be 900mm apart and lowest is at least 1.1m below top of fence
2.7 VERTICAL MEMBERS - Spacings between vertical components shall not exceed 100mm
2.8 GATES AND FITTINGS - 2.8.1 Security of Closing – When lifted or pulled downward
3.5(b) CLOSING AND LATCHING OF GATES - gate closes after 25kg weight is applied to gate when ajar
2.8.2 Direction of opening - all gates are to swing outwards only (i.e., away from the pool area)
2.8.3 Automatic closing - all gates swing freely for the full arc of operation to the closed position
2.8.4 Latching device - automatically operates and prevent being re-opened
- Complies
- Does Not Comply
2.8.5 Location of latch - 1.5m above the surface below or shielded
2.8.6 Shielding of latch - 450mm shielding as per the standard
2.9 PERFORATED MATERIALS - maximum 50mm openings. Where openings more than 12mm the barrier is to be 1.8m high with a 450mm top inclined at 45 degrees
2.10 WORKMANSHIP - The barrier is not to contains sharp edges, sharp projections
Barrier to 1926.1-2007
2.1 GENERAL - permanent, 1200 mm, durable, 900mm NCZ anywhere on the face
2.2 MATERIALS & FINISH - permanent & free of sharp edges, projections, entrapments & hazards
2.3.1 General – NCZ’s on outside of fence, not lean away more than 15° and be 1200mm height
2.3.1 General – Boundary fence 1800 mm high & NCZ may be at the top on the inside of the fence
2.3.2 Perforated material or mesh – refer to standard for details
2.3.3 Surface projections and indentations – maximum 10 mm and minimum 900 mm apart
2.3.4 Horizontal climbable members – if on the outside, be at least 1000 mm below top of fence
2.3.5 Horizontal non-climbable members on outside - 60 deg. fillets and vertical gaps max 10mm
2.3.6 Horizontal surface on inside - no horiz. surface/objects within 300 mm if gaps over 10 mm
2.3.7 Vertical components - The opening between vertical components is not to exceed 100 mm
2.4 Ground clearance - not to exceed 100 mm, be stable intact at all times. Loose sand no good
2.5.1 Direction of opening - gates are to swing outwards only (i.e. away from the pool area)
2.5.2 Operation of gates - swing freely through the full arc & opening under not to exceed 100 mm
2.5.3 Self-closing device - self-close from any position. May need cushioning and wind load issues
2.5.4.1 Latch General - automatically operate, unable to lock open, max 10 mm gap
2.5.4.2 Location of latch – outside - 1500 mm above ground level and 1400 mm above lower rail
2.5.4.2 Location of latch – inside - not able to be reached over or through the barrier and shielded
2.4.2.3 Shielding of latch – inside - shielded no opening greater than 10 mm within 450 mm
2.4.2.3 Shielding of latch – hand hole – refer to standard for details
3.4 Closing & latching of the gates - close and latch from any position and after 25kg weight
2.6.1 Retaining wall above pool – not to slope away more than 15° and be minimum 1800mm high
2.6.2 Retaining wall below pool - not to slope towards more than 15° and be min. 1800 mm high and intersecting barrier extends or returns by 900 mm
2.6.3 Permanent bodies of water - depth 300 mm at the edge of the pool area
2.9 BALCONY BALUSTRADES - if in the outside NCZ’s it is to have a 1200mm high pool barrier
2.10 ABOVE GROUND POOLS – to be surrounded by a compliant pool barrier (BCA requirement)
Barrier to AS 1926.1-2012
Internal barrier to AS 1926.1-2012
2.1 General - barrier permanent, min 1200mm high, is durable, does not lean away, has no sharp edges or hazards.
2.2.2 - NCZ 1 -a 900 mm vertical plane on the outside face of a barrier
2.2.2 - NCZ 2 - quadrant outside 900 mm radius down from the top of NCZ 1
2.2.2 - NCZ 3 - quadrant outside 900 mm radius up from the top of the barrier & down to NCZ 1
2.2.2 - NCZ 4 - 900 mm high by 300 mm deep space on the inside of the barrier aligned with NCZ 1
2.3.4 Surface projections and indentations – max 10mm and 900 apart
2.3.5 Horizontal components - Rails etc 900 apart if vertical gaps more than 10 mm
2.3.6 Vertical components - The opening between any vertical components maximum of 100 mm
2.3.7 Ground clearance - not to exceed 100 mm and surface beneath is to be permanent
2.3.1 Features and objects near a barrier - No steps, retaining walls, etc within 500 mm of the barrier
2.2.3 Internal 1800 high barriers - May be a climbable barrier if not less than 1800 mm in height
2.2.5 1800 high internal barrier intersects with 1200 high barrier - NCZs 1 and 2 extend 900 mm beyond intersection
2.3.2 Perforated material or mesh
2.3.3 Glass barriers - AS1288 glazing, gates with pivot style hinges max. 100mm gap & foothold 1000mm down
Boundary barrier to AS 1926.1-2012
2.2.4 Boundary barrier - Height is to be not less than 1800 mm measured on the inside
2.2.4 Boundary barrier - NCZ 5 - quadrant of 900 mm down from the top of the inside of the barrier
2.2.4 Boundary & intersecting internal barrier – more than 50mm wide - to 1800mm high and extend 900 past or inward
2.2.4 Boundary & intersecting internal barrier - intersects at 45 to 135 degrees to boundary barrier & max. 50mm wide
Gates to AS 1926.1-2012
2.4.1.1 Operation of gates - swing out, full arc of operation, opening under max. 100 mm
2.4.1.2 Self-closing device self-close from any position from fully open to resting on the latch,
2.4.1.3 Security of closure - lifted up or pulled down not release or have gap more than 100mm.
2.4.2.1 Latch General - automatically operates, unable to locked open, gap not more than10mm
2.4.2.2 Location of the latch - 1500 mm above ground level, not reached over or through barrier
2.4.2.3 Shielding of latch - inside - where gaps more than 10 mm, shielding radius of 450mm
2.4.2.3 Shielding of latch - hand hole – refer to standard for details
2.4.3 Gate hinges - top max 10mm if in NCZ 1 & hinge gap not more than 10 mm if in NCZ 1
2.4.4 Gate units – applies where gates are installed as gate units
Retaining walls to AS 1926.12012
2.5.1 Retaining wall above pool - not slope away more than 15° and min 1800 mm in height
2.5.2 Retaining wall below pool - not slope towards more than 15° and min 1800 mm in height and any intersecting barrier extends or returns by 900 mm
2.5.3 Out-of-ground pool walls
Out-of-ground pool walls are NOT permitted to form part of the barrier. (BCA provisions)
2.5.4 Permanent bodies of water to AS 1926.1-2012
Permanent bodies of water to be min 1800mm wide, permanent, and 300mm deep at all times
2.8 Balcony Balustrades to AS 1926.1-2012
If balustrades is in NCZ 2 or NCZ 3 it is to have a 1200mm pool barrier
Windows to 1998 Regulation
Pools constructed prior to 1 August 1990 - Regulation 1998 Windows a. opening 1200mm above floor & no 10mm holds within 1100mm of bottom of opening, or b. child safe window (key lock or child resistant device and no openings to pass a test bar), or c. totally enclosed by child safe grill or child safe fly screen
Windows to AS 1926.1-2007
2.7 CHILD-RESISTANT WINDOW - 1800mm sill height to ground level in the pool area, or - opening covered by fixed bars or a metal screen max 100mm, or - fixed to remain closed or open to a maximum of 100 mm (fixed does NOT mean lockable)
Windows to AS 1926.1-2012
1800mm sill height to ground level in the pool area, OR Opening covered by fixed bars or a metal screen max 100mm, OR Fixed to remain closed or open to a maximum of 100 mm
Doors to 1998 Regulation
Pools constructed prior to 1 August 1990 - Regulation 1998 Doors a. child safe door (1500mm high lock, latch, bolt or chain & no openings to pass test bar), and b. no 10mm footholds on door or frame between release mechanism and 100m above floor
Doors to AS 1926.1-2007 - (only where permitted by an exemption prior to 1 July 2010)
Doors to AS 1926.1-2007 - (only where permitted by an exemption prior to 1 July 2010)
2.8 CHILD RESISTANT DOORSETS (for indoor pools only) – refer to standard for details

WARNING NOTICE

(1) For the purposes of section 17 (1) of the Act, the sign referred to in that subsection must bear a notice that contains all of the following—
(a) the words—
(i) “Young children should be actively supervised when using this swimming pool”, and
(ii) “Pool gates must be kept closed at all times”, and
(iii) “Keep articles, objects and structures clear of the pool fence at all times”,
(b) a simple flow chart (which may be the flow chart depicted in the Cardiopulmonary Resuscitation Guideline) containing details of resuscitation techniques—
(i) that are set out in accordance with the relevant provisions of that Guideline, and
(ii) that comply with the other relevant guidelines of the Australian Resuscitation Council,
(c) a statement to the effect that formal instruction in resuscitation is essential,
(d) the name of the teaching organisation or other body that published the sign and the date of its publication.
(2) However, any sign erected on or before 31 August 2019 that bears a notice in accordance with clause 10 (1) of the Swimming Pools Regulation 2008 (as in force immediately before its repeal) is taken to comply with subclause (1) of this clause, unless the swimming pool to which the sign relates is substantially altered or rebuilt.
SP Act Section 17 Warning Notices A Warning Notice is to • be affixed in a prominent position in the immediate vicinity of the pool • contain the words and flow chart as specified in the Regulation • be legible from a distance of 3 metres

INSPECTION RESULTS

Swimming Pools Act Section 7(1)(a) • Pool is to be surrounded by a barrier
Swimming Pools Act Section 7(1)(a) • Barrier is to separate pool from any residential buildings on the property and any public or private adjoining premises
Swimming Pools Act Section 7(1)(a) • Barrier be constructed, installed and maintained in accordance with the prescribed standards
INSPECTION RESULT - Have the requirements for the issue of a Compliance Certificate been met?
Certificate of Compliance to be issued.
Does the swimming pool pose a significant risk to public safety?
Certificate of Non-Compliance to be issued.?
Steps that need to be taken in order to meet the requirements for a Certificate of Compliance.
A Section 23 Direction is now to be issued to owner to have the non-compliant matters addressed sufficiently so that the pool does not to pose a significant risk. Following the non-compliant matters being sufficiently addressed so that the pool will no longer poses a significant risk, a re-inspection is required. Further time of up to 6 weeks in in total may be provided to address all non-compliant matters to enable a Certificate of Compliance to be issued.
If the property is for sale, a PURCHASER of the property DOES NOT have 90 days from the date of sale for the barrier is to be made compliant. If the property is sold without the matters being sufficiently addressed so that the pool will no longer pose a significant risk, a Section 23 Direction will be issued on the new owners to address all non-complaint matters to enable a Certificate of Compliance to be issued.
Additional fees apply for the issue of a Section 23 Direction.
Reinspection is required. Please call 6686 1415 to book a re-inspection when non-compliant matters are rectified.
Certificate of Non-Compliance to be issued?
Steps that need to be taken in order to meet the requirements for a Certificate of Compliance.
All non-compliant matters are be rectified by the owner as soon as practical, and within 6 weeks at the latest. If not rectified within this period, a Notice of Direction will be issued to the owner to rectify the non-compliant matters to enable a Certificate of Compliance to be issued.
If the property is for sale, a purchaser of the property will have 90 days in which the barrier is to be made compliant. However, the CURRENT OWNER of the property DOES NOT have 90 days for the barrier to remain in its existing condition. As such, the above requirement to have all non-compliant matters rectified by the current owner as soon as practical, and within 6 weeks at the latest, applies to enable a Certificate of Compliance to be issued. If not rectified within this period, a Notice of Direction will be issued to the current owner to rectify the non-compliant matters to enable a Certificate of Compliance to be issued.
Additional fees apply for the issue of a Section 23 Notice of Direction.
Reinspection is required. Please call 6686 1415 to book a re-inspection when non-compliant matters are rectified.
Authorised Inspection Officer:
Inspection Officer’s Signature: