Pool Fencing Laws & Regulations in New South Wales (NSW)
Pool safety in New South Wales (NSW) is administered, regulated and enforced by NSW Government – Fair Trading.
Due to the high amount of drownings and permanent injuries of young children in home pools, compliance to the pool safety fence regulations in New South Wales (NSW) is strictly enforced and offenders may be severely penalized.
In NSW, pool fence safety legislation, regulations, laws, compliance and registrations revolve around the construction date of your swimming pool.
If your pool in NSW was built before 30 August 2008
Then –Standard AS 1926-1986 Fences and gates for private swimming pools- is applicable.
An outline of Australian Standard AS 1926.1986
Please note, for the purposes of this summary, the words fence and barrier have the same meaning.
The key points are:
- Swimming pool safety fences, gates and latching mechanisms must be of a permanent nature. Only suitable and durable materials are allowed, able to withstand decay, weather conditions, insects, ground water, pool chemicals, salt spray and so on.
- Perforated materials or “mesh” -e.g. chain wire- may only be used if the mesh openings are not larger than 50mm (5cm).
- The pool safety barrier must be vertical or leaning away from the pool.
- When made of solid materials (i.e. non-perforated), the pool safety fence must be at least 1200mm (1.2m) high at any given point.
- When made of perforated materials (e.g. chain wire or mesh), the pool safety fence must be at least 1800mm (1.8m) high at any given point. Furthermore, the fence must also be topped with an angled section of 450mm (45cm), which inclines to the outside at an angle of 135 degrees from the vertical.
- The top of the pool safety fence must be at least 1200mm (1.2m) away from any finished ground outside the fence. For instance, any part of a retaining wall, terrace, sloping landscape etc. must be away at least 1.2m when measured by radius in an arc from the top of the pool safety fence.
- Gaps between the bottom of the fence and finished ground level (i.e. a permanent, stable surface) may not exceed 100mm (10cm) at any given point.
- Any horizontal support structures (“members”), or sets of members grouped closely together, must be at least 900mm (90cm) apart.
- The bottom member (or set of members grouped closely together) on the pool fencing is not allowed to be closer than 1100mm (1.1m) from the top of the pool fence or gate.
- Any horizontal surfaces permanently located near the inside of the fencing must be separated from the fencing by a distance of at least 300mm (30cm).
- The spacing between adjacent vertical members –e.g. palings, rods or wires- must not exceed 100mm (10cm) at any point.
For NSW pools constructed in the period 1 September 2008 to 30 April 2013
Standard AS 1926.1 – 2007, swimming pool safety – Part 1 safety barriers for swimming pools, applies.
Australian Standard AS 1926.1 – 2007
Please note, for the purposes of this summary, the words fence and barrier have the same meaning.
Pool safety fence/barrier
- The design and construction of the swimming pool safety barrier must restrict access by young children to the pool area.
- The surrounding area of the pool must be stable and remain intact at all times. Loose sand is not acceptable.
- The pool safety barrier must be of a permanent nature.
- The pool safety barrier shall be free of sharp edges, sharp projections, entrapping spaces and similar hazards.
- The pool safety barrier must include a continuous Non-Climbable Zone (NCZ).
- The Non-Climbable Zone (NCZ) is defined as: “A zone consisting of a barrier as well as the associated space within 900 mm of the barrier, intended to inhibit climbing of the barrier by children. This includes any point along the length of the barrier and its associated space.”
- The NCZ must be on the outside of the pool safety fencing.
- In the NCZ, the distance between any hand and foot hold must be at least 900mm (90cm).
- Perforated materials/mesh with apertures greater than 100mm (10cm) shall not be used for construction of the pool safety fence.
- When made of mesh, then the fencing must include a strainer wire or rail at the top and the bottom of the fencing.
- When made of solid materials (i.e. non-perforated/non-mesh), then the pool safety fence must be at least 1200mm (1.2m) high at any given point.
- When made of perforated materials or mesh: if the apertures in the perforated materials/mesh are not greater than 13mm (1.3cm), then the fence shall be at least 1200mm (1.2m) high.
If the apertures in the perforated materials/mesh are greater than 13mm (1.3cm) but not greater than 100mm (i.e. it is not allowed – see further above), then the fence shall be at least 1800mm (1.8m) high.
- The pool safety fence must be vertical or leaning away from the pool, but not by more than a 15 degrees angle.
- Gaps between the bottom of the fence/closed gate and finished ground level (i.e. a permanent, stable surface) may not exceed 100mm (10cm) at any given point.
- Horizontal support structures (“members”) on the fence – to prevent young children from using the members on the pool safety fence as climbing steps/aids, horizontal support members on the pool fencing are not allowed in the Non-Climbable Zone (NCZ) .
- Any horizontal surfaces permanently located near the inside of the fencing, and which can be used by young children for climbing, must be separated from the fencing by a distance of at least 300mm (30cm).
- The spacing between adjacent vertical members –e.g. palings, rods or wires- must not exceed 100mm (10cm) at any point.
Boundary fences that form part of the pool area
Boundary fences are the ones between your own property and the neighbour/property next door.
- Boundary fences that form part of the pool area must have a minimum height of 1800mm (1.8m).
- Only with boundary fences, is the Non-Climbable Zone (NZC) actually allowed to be on the inside of the fence, i.e. in the pool area. BUT, then the NCZ must be located at the top on the inside (pool area) of the fencing to inhibit a young child from easily accessing the pool area from the adjoining property/neighbour’s side.
Gates and latches
- Pool gates must be self-closing and self-latching.
- Pool gates must open/swing away from the pool and into the safe zone.
- Latches on the outside of the pool gate must be at least 1500mm (1.5m) above finished ground level. Also, at least 1400mm (1.4m) above the nearest horizontal member.
- Latches on the inside of gate – if the latch is on the inside of the pool gate, then the latch must be in such a position that to release the latching device from the outside it will be necessary to reach over or through the fencing at a height of not less than 1200mm (1.2m) above the finished ground level or not less than 1000mm (1m) above the highest horizontal member. Also, the latching device must be at least 150mm (15cm) below the top of the gate if a hand-hole is not provided, or at least 150mm (15cm) below the edge of any hand-hole opening if a hand-hole is provided.
Unique situations
- Often out-of-the-ordinary situations represent themselves, which complicate the interpretation and application of the pool fencing regulations in New South Wales (NSW).
Such cases may be present in your own pool area or its immediate surrounds.
Examples are, sloping ground, stepped ground, ornamental brickwork, ornamental stonework, other projections/indentations, retaining walls, existing barriers, lakes/canals/rivers, openable windows onto the pool area, openable doors on the pool area, balconies over the pool area and above-ground pools.
To ensure full compliance –even in the “more complicated situations” – it is recommended that you always reach out to a registered pool safety professional.
If your pool in NSW was constructed any time from 1 May 2013 until now
Then, the national regulation i.e. Australian Standard AS 1926.1-2012 – Safety Barriers for Swimming Pools applies to your pool.
Additional Requirements in NSW
In addition to the three Standards outlined earlier on this page, for pool safety fences in New South Wales (NSW), there are also additional regulations.
The NSW Government – Fair Trading website page titled Pool Fencing Requirements describes the additional requirements as follows:
- Pools built before 1 August 1990: access to the pool from the house must be restricted at all times. Windows and doors may form part of the barrier, but they must be compliant.
- Pools built after 1 August 1990 but before 1 July 2010: the pool must be surrounded by a fence that separates the pool from the house. Some exemptions apply.
- Pools built from 1 July 2010: All new pools must be surrounded by a fence that separates the pool from the house.
- Refer to Pool Fencing Requirements for regulations on: inflatable pools, spa pools, pools under construction, doors and windows as part of pool barrier, also pool fence and gate maintenance requirements.
CPR signage is required in New South Wales (NSW)
CPR is an acronym for cardiopulmonary resuscitation, a vital first-responder activity in the case of an accident or medical emergency.
In NSW the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool, i.e. on the pool fencing and gate.
The sign must be in good condition and able to be read easily from 3 metres.
You can buy a CPR sign from your local pool shop, council or community organisations such as St John Ambulance, the Australian Red Cross or Royal Life Saving.
Compliance with the Building Code of Australia – New South Wales (NSW) pool safety fences
NSW pool owners have a duty and responsibility to comply with the stipulations of the Building Code of Australia.
From From 1 September 2018 these requirements can be met using either a performance solution or a deemed-to-satisfy (DTS) solution.
The NSW Government – Fair Trading explains the duty of home owners comprehensively on its web page titled Clarifying compliance with the Building Code of Australia.
When in doubt, do not hesitate to ask!
Always ask your safety professional. The only way to ensure that your pool complies with local standards in your region is through sign-off by a registered pool safety professional.
References
Swimming Pool & Spa Association Australia (SPASA) – Australian Pool Fencing Rules – An Overview
NSW Government – Fair Trading – Pool fencing requirements
Housing Industry Association (HIA) – Standard AS 1926-1986 Fences and gates for private swimming pools
NSW Government – Fair Trading – Clarifying compliance with the Building Code of Australia
