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Changes To The Law - Swimming Pools
The NSW Government introduced changes to the Swimming Pools Act 1992 (NSW) as of 29 October 2012. These changes have also updated the Conveyancing (Sale of Land) Regulation 2010 (NSW) and the Residential Tenancies Authority 2010 (NSW). The new laws apply to backyard residential pools and spas, portable pools and pools associated with tourist accommodation, moveable dwellings and unit blocks. These changes aim to improve pool safety by preventing the number of children drowning.
The NSW Government has set up an online swimming pool register, and all pool owners must enter their swimming pool on this register prior to 29 October 2013. If they don't register by this date, they are risking being fined up to $2200. When registering, pool owners are required to indicate that to the best of their knowledge their swimming pool complies with the applicable safety standards. If you have not already registered your pool please click here to do so.
As of 29 April 2014, it will be the landlords responsibility to ensure that at the time a property with a pool is leased, the pool will be registered and have a compliance certificate. The landlord must issue a copy of the compliance certificate to the tenant. Under the Residential Tenancies Act 2010 (NSW) a landlord is required to comply with the requirements of the SPA. Tenants as occupiers of the property also have obligations under the SPA and under their general tenancy agreement to ensure that a child-resistant barrier is at all times maintained in a good state of repair. For more information please click here.
For FAQ please click here.
Window safety device requirements In strata schemes
To prevent children falling from windows, all strata buildings in NSW must be fitted with devices that enable the maximum window openings to be less than 12.5cm. Owners corporations must have devices installed on all common property windows above the ground floor by 13 March 2018. The safety devices must be robust and childproof.
Residents will still be able to open their windows. However, they will have the security of knowing that when the devices are engaged, children will be protected
Which windows does this apply to?
The laws apply to openable windows where the internal floor is more than 2m above the ground surface outside and within a child's reach (less than 1.7m above the inside floor)
Further details are explained in the Strata Schemes Management Regulation 2016.
The window safety requirements in NSW are based on the Deem-to-Satisfy provisions D2.24 of the Building Code of Australia (BCA). The BCA is part of the National Construction Code of Australia (NCC). For more information on the BCA or the NCC, visit the Australian Building Codes Board website.
