Swimming Pool Barrier Exemptions

In exceptional cases only, Council may consider a pool to be exempt from the swimming pool safety barrier standards.

Exemptions are considered in accordance with Section 22 of the Swimming Pools Act 1992. Under this law, exceptions currently exist for some pools based on their age and location.

Exemptions to pool fencing requirements only apply to the following pools, so long as the access to the pool (i.e. from the associated dwelling), is restricted in accordance with the exception outlined in the swimming pool regulation for the year the pool was built:

• pools constructed before 1 August 1990
• pools on waterfront properties constructed before 1 July 2010
• pools on properties smaller than 230-square-metres constructed before 1 July 2010
• pools on properties greater than two hectares constructed before 1 July 2010.

Exemptions will only be granted where it is impractical or unreasonable to follow the normal rules, and where there is an alternative option that is no less effective than if the pool complied with the Australian Standard.

You can only ask for a swimming pool barrier exemption if you are the property owner.

If you believe you're entitled to an exemption, call our Customer Service team on (02) 4227 7111 to discuss your individual circumstances.

How to keep your swimming pool barrier exemption

A swimming pool barrier exemption doesn't automatically last forever.

To keep the exemption that was available when the pool was built, the pool barrier or means of access must continue to fully comply with the Australian Standard applicable at the time the pool was installed, and be maintained in the exact same way as it was originally approved.

Swimming pool barrier and fencing exemptions will no longer apply if any of the following occur

Access to a pool or pool barrier is substantially altered or rebuilt

When access to a pool or pool barrier is substantially altered or rebuilt (i.e. the swimming pool fence, door or window access from the dwelling to the pool is substantially changed from when it was approved), the entire swimming pool barrier must be upgraded to comply with the current legislation and Australian Standards.

Restricted access to a pool or pool barrier is not provided

Where a restricted means of access or pool barrier has not been provided (i.e. the doors or windows from the dwelling do not comply with the Australian Standards applicable when the pool was approved), then the exemption no longer applies and the entire pool barrier is required to be upgraded to comply with current standards.

Restricted access to a pool or pool barrier is not maintained or does not comply

Where the restricted means of access or pool barrier is not maintained or is not in accordance with the terms of the exemption, the exemption no longer applies and the access or pool barrier must comply with current standards.

If you fence in a swimming pool voluntarily, even if it was not required by legislation when the pool was installed (it was exempt), the fencing must still meet current legislative requirements. By installing fencing, you are effectively removing the exemption. Once in place, the fence cannot be removed or altered to a lesser (older) standard.