Matthew McNamara, Manager Building Surveying, reports that the amended NSW Swimming Pools Act 1992 commenced on the 14 December 2009.  Following on from the recent Water Safety Week 2009, the aim of which was to increase community awareness of the importance of water safety leading into the swimming season, the amendments to the Act aim to further reduce child drownings.

The amendments to the Swimming Pools Act, represent the biggest changes since the introduction of the Act in 1992, following which there has been an almost 50% reduction in child drownings.  Greater enforcement powers and elimination of current exemptions for pool fencing are now in force, such as:

• All backyard swimming pools in NSW will be required to have a four sided swimming pool fence, a complying barrier, regardless of property size or pool location.  Previous pool fence exemptions for waterfront properties and properties less than 230m2 or 2 hectares and over in size will only remain applicable for pools where construction or installation has commenced prior to 1 July 2010;
• Limited exemption to remain for people with a disability or where impractical circumstances exist;
• Previous exemptions for pools built prior to 1 August 1990 from the requirement for four sided fencing have been retained;
• Mandatory complaint investigation by Councils;
• Council powers to urgently fix pool fences; and
• An increase in on-the-spot fines and court fines from $1,100 to $5,500 for pool owners with defective fencing.

Matthew McNamara Hendry Group Level 4, 32 York Street Sydney, NSW  2000 Phone: (02) 9262 1565 Email: matthewm@hendry.com.au web: www.hendry.com.au