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Servicing Sydney's Northern Beaches & North Shore - Accredited E1 Certifier - Fast Service - Insured
Servicing Sydney's Northern Beaches & North Shore - Accredited E1 Certifier - Fast Service - Insured

Exemptions

The Swimming Pool Act 1992 Exemptions S8, S9 & S10

Between 1 August 1992 and 30 June 2010 The Swimming Pools Act 1992 provided alternatives to the general requirements for barriers.

These exemptions are not for the life of the pool

The NSW Legislation was designed for the barrier to be updated to current standards over time.

Section 8 

  • swimming pools constructed before August 1990

  • existing swimming pools on small properties (prior to 1 July 2010)

    Section 9 

    •  Swimming Pools on Large Properties (prior to 1 July 2010)

    Section 10 

    • Waterfront Properties (prior to 1 July 2010)

    When are Exemptions are retained or Lost?

    The standard needs to be read in conjunction with the relevant Swimming Pools Act and Regulation as these can modify the application of the standard. It should be noted that the historic standard continues to apply provided that the pool remains compliant and is not subject to major upgrade. In the event that a pool becomes non-compliant or is subject to major upgrade, the latest version of the standard will apply. Therefore, if a pool constructed in 1998 was found to be non-compliant with AS 1926-1986, it would be required to be upgraded to comply with AS 1926-2012.

    The exemptions are not unconditional but require the standard to be maintained. If it is not maintained then the exemption ceases. Similarly if upgrades are made to the pool and the pool area these can require the pool to meet the current standards

    • Access to the pool are at all times restricted - if not exemption is lost

    • Where the pool fails to meet terms of the exemption standard - the exemption is lost 

    • if a barrier is erected to direct access to pool from ANY residential building on the premises

    When the exemption is lost the barrier is required to be upgraded to the current standard.

    This can happen in the following circumstances

    • If barrier or means of access is no-compliant to the standard applicable - the whole barrier will be made to comply with the current standard (excludes maintenance)

    • If pool barrier is not maintained or in accordance with the exemption - whole barrier will need to come up to current standard

    • Any upgrades - must come to current standard

    • Any new structures on property that require child resistant - (as they are no longer valid) whole barrier to be changed