Exemptions - Swimming Pools

Exemptions currently exist for some existing pools based on the age and location of the pool, however, the Strathfield Council recommends all pools be upgraded to comply with current requirements.

An exemption from having a pool fence exists for pools built prior to 1 August 1990. The owner may choose not to separate the pool from the residential buildings, provided access to the pool from the residential buildings (i.e. doors, windows, openings) is at all times restricted in accordance with AS1926.1-2007. The pool must still be separated from adjoining public or private properties by approved child-resistant barriers. Council would support installing a new pool fence where possible.

Effective from 1 May 2011 no new child-safe doors or windows opening onto a pool are permitted to be installed. Therefore Exemption referred to in this section no longer applies to properties where the dwelling is demolished or where child-safe doors/ child-resistant doors are not maintained/ operational, not in place, removed without consent or removed in connection with alterations/ additions to the dwelling.

In these cases the pool is to be provided with child-resistant barriers complying with current requirements – Pools must be separated from residential buildings and adjoining public or private properties by child-resistant barriers in accordance with the Regulation’s and AS1926.1-2007. See general pool requirements and pool fencing/ gates.

Yes, if the child resistant barrier is removed as part of construction of other structures associated with the property, a suitable temporary fence must be installed.

Yes, the owner of any premises in or on which a swimming pool is situated, or proposed to be constructed may write to council to apply for an exemption for the subject pool from all or any of the requirements of the Act .

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

1. that it is impracticable or unreasonable (because of the physical nature of the premises, because of the design or construction of the swimming pool or because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption) for the swimming pool to comply with those requirements, or
2. that alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool.
3. An exemption may be granted unconditionally or subject to such conditions as the council considers appropriate to ensure that effective provision is made for restricting access to the swimming pool.