A deck beside a pool fence

Whose rule it is

The Swimming Pools Act 1992 applies to swimming pools and spa pools on sites with a residential building, a movable dwelling or tourist and visitor accommodation, where the pool can be filled to a depth greater than 30cm. The NSW Government puts the owner’s duty this way:

“Pool owners are required by law to maintain the safety of their pool area and must ensure children are properly supervised.”

NSW Government, pool owner obligations

In a strata or community scheme, a pool on common property belongs to all the lot owners jointly, and the owners corporation is responsible for keeping it compliant.

The line that matters most for a deck

Older pools can be held to older versions of the standard. A renovation can end that. The NSW Government’s wording:

“If the swimming pool barrier is modified or altered (this may include house and yard renovations), then the current Swimming Pools Act 1992, Swimming Pools Regulation 2018 and Australian Standard AS1926.1-2012 is applied and previous exemptions cease.”

NSW Government, pool owner obligations

The three versions of the standard that can apply in NSW, by when the pool was built:

The barrier lines, as the regulator words them

Each line below is quoted from the NSW Government’s pool owner page. Several are measured from the finished ground level, which is why they are worth reading before a deck is drawn near a fence.

• “A pool fence must be at least 1.2m high (as measured from the finished ground level).”
• “The fence must not leave a gap at the bottom bigger than 10cm from the finished ground level.”
• “If a boundary fence is part of the pool fence, the barrier must be 1.8m high.”
• “Any trees, shrubs or any other objects such as a barbeque, pot plants, toys, ladders and chairs must not be within the 90cm non-climbable zone.”
• “This zone is measured in an arc shape from the top of the pool fence arching towards the ground.”
• “It also includes the space extending 30cm inside the pool area – this space should also be cleared of any potential footholds or handholds.”
• “Older swimming pools might include doors or windows as part of the pool fence or barrier. This is no longer allowed.”

A deck brings its own furniture: built-in seats, planter boxes, steps, a barbecue. Whether a particular fixed item counts as a foothold near a particular fence is a question for your local council or a registered swimming pool inspector, both of whom can inspect pool barriers.

If the deck leads to the gate

Where a deck becomes the path to the pool, the gate is part of the picture. The NSW Government lists four checks for it, quoted here word for word:

• “is never propped open and is always kept shut”
• “swings outwards (away from the pool area). If it does not swing outwards, the gate must be re-hung so that it does”
• “shuts automatically from any open position, without having to forcibly close it”
• “automatically locks (self-latches) when it closes.”

The pool’s paperwork

All swimming pool and spa owners must register on the NSW Swimming Pool Register, and registration is against the property address. Registering does not mean a pool complies: compliance is assessed separately, through inspection by the council or a registered certifier. A certificate of compliance is valid for 3 years.

Pool equipment often ends up under or beside a deck. For pools with electrical pumps and filters, the NSW Government advises having a licensed electrician install a suitable weather-protected power point close to the equipment, to avoid extension cords. The power and lighting guide covers the paperwork that follows electrical work.