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Complete Guide to NSW Spa Pool & Swim Spa Regulations and Safety

17 Sep, 2024

Making sure you follow local regulations isn’t just about safety – it’s also about maintaining the value of your spa pool and swim spa and enhancing your property.

After operating in New South Wales for over 16 years, we know spa compliance inside and out. Our expert team handles every aspect of spa installation, including permits, installation, landscaping, and maintenance.

This guide covers the most important aspects of spa safety and regulations to help you understand what’s required.

If you have any specific questions, don’t hesitate to give us a ring or flick us a text and we’ll help you out.

Here’s what we’ll cover:

 

NSW Spa Pool and Swim Spa Registration and Permit Requirements

Do I have to register my spa pool or swim spa in NSW?

Yes, your spa or swim spa needs to be registered on the NSW Government's Swimming Pool Register. You will then be issued with a certificate of registration. If you purchase your spa pool from mySpa Sydney, we’ll take care of this process for you.

What permits do I need for a spa in NSW?

Spa pools under 2000L do not need a building permit.

If your spa pool is over 2000L (your swim spa will be over 4000L), you need to get a permit, usually in the form of a Complying Development Certificate (CDC). Depending on your site, there may be other restrictions to be aware of, which you’ll need to clarify with your local council.

We’ll take care of all spa and swim spa installation compliance requirements so you can have peace of mind that your spa pool is up to standard.

What if I don’t get a permit for my spa or swim spa?

If you don’t get a permit for your spa, you may have to pay a penalty.

But it’s not only against the law not to get a permit for your spa – non-compliant pools are detrimental to the value of your property. Should you decide to sell your home, prospective buyers will have grounds to negotiate the price due to the hassle of assessing and potentially removing the spa pool from the property.

Another risk to keep in mind is that, if your spa pool isn’t compliant, your insurance provider likely won’t cover you for any accidents involving your spa.

 

NSW Spa Pool and Swim Spa Fencing and Safety Barriers

Do you need a fence around a spa in NSW?

The Swimming Pools Regulation 2018 stipulates that spa pools and swim spas don’t need a fence or safety barrier, so long as it’s covered by a lockable and child-resistant spa pool cover that can be operated by one person.

It pays to double-check this with the council or your local certifier, though. At mySpa Sydney, we’ll work with you to ensure that your spa pool is installed in a way that’s safe, compliant, and beautiful – just check out our gallery for inspiration.

What are the spa pool fencing regulations?

If your spa pool does not have a lockable child-proof cover, you’ll need to build a surrounding fence that’s at least 1.2 metres high and designed so that kids can’t climb over or crawl under it.

Your fence will need to be installed within two months of installing your spa pool, and checked before your spa can be filled with water. It’s essential that this is done within two months of installing it.

Our team of exceptional contractors can construct a safe and attractive fencing solution as part of your spa pool installation.

Why do pool gates open out?

The gate used to enter your spa pool must be self-closing and swing outward from the spa pool. The latch will need to be at least 1.5 metres above ground level so that kids aren’t able to open it.

For more information, check out the pool safety checklists page on the NSW Government’s Swimming Pool Register.

Does a spa with a lockable cover need a fence?

Generally no, if you have a lockable child-proof cover over your spa then you don’t need to build a fence.

Does my spa pool need a CPR sign?

Yes, it’s a legal requirement to have a CPR sign displayed near your spa pool or swim spa. The sign must be in good condition and be prominently positioned in a way that it can be easily readable from three metres away.

You can buy a CPR sign at your local pool shop, St John Ambulance, the Australian Red Cross, or Royal Life Saving Society.

Make sure to take the information on the sign very seriously. You and your family should become familiar with the steps involved in CPR in case you ever need to use it.

 

Child Safety in Spa Pools

Do I need to supervise my child in the spa pool?

Yes, you need to supervise your child in the spa pool or swim spa. NSW regulations require constant supervision of children around all pools to prevent accidents. Ensure that young children are always within arm's reach and never left unattended, even for a moment.

Can my child wear floaties in the spa pool?

Although there’s no specific legislation around your children wearing floaties in the spa pool or swim spa, never rely on these as a safety measure. If your child is under five years old, it’s still best for you to be in the spa pool with them.

If they’re over five and you’re supervising them from outside, make sure to continually monitor them, as a floatation device isn’t always reliable.

How do I make sure my child is safe in the spa pool or swim spa?

As well as supervising your child in the water, it’s also essential to keep them hydrated. Especially if the water is heated, your child must drink plenty of water to avoid dehydration. The same applies to adults – so bear this in mind, (especially if you’re having a beer!).

Another safety factor to consider is the length of your child’s swim. Depending on their age and the temperature of the water, the maximum length of their swim may vary, but we recommend taking a break after 20 minutes.

Featured Guide: Why Swim Spas are Great for Kids

 

Spa Pool Installation and Maintenance

Does my spa pool need steps?

While it’s not a legal requirement to have spa pool steps, but it does make it a whole lot easier to get in and out.

At mySpa Sydney, our spa steps come with large slip-resistant rubber treads and an optional second side handrail.

Does my spa need a concrete slab?

If you want to install an above-ground spa in your backyard, you’ll need to have a concrete slab laid with a thickness of 150mm. Our expert spa installation team will help you understand exactly what’s required and take care of the entire installation and landscaping process.

Can I install my spa or swim spa on a deck?

Yes, you can usually install a spa pool onto a deck, but it’s best to double-check with a certified installer to make sure the deck can hold its weight.

Otherwise, a great alternative option is to build a deck around your above-ground swim spa to create the “built-in” look, while also creating practical features like seating or storage. Take a look at our swim spa landscaping ideas for more inspiration.

At mySpa Sydney, we have over 16 years’ experience installing spas and swim spas throughout New South Wales, so we’ll help you bring your landscaping ideas to life while ensuring full compliance with your local council.

Can I install a spa on my apartment balcony?

So long as you have approval from your apartment’s body corporate or equivalent, and a safe way to fill and replace the water, you should be able to install your spa on your balcony. Our installation team can work with you to crane your new spa into place.

How do I make sure the water in my spa is safe to soak in?

Maintaining the water chemistry is essential to keeping the water in your spa pool or swim spa clean and safe to soak in.

This process involves using:

  • Sanitisers like bromine and chlorine to disinfect the water.
  • pH increase and decrease to adjust the acidity of the water.
  • Calcium boosters to add minerals such as calcium to the water.
  • Spa Shock to remove odour, correct water discolouration, and enhance water clarity.
  • Alkalinity to add any required alkalinity to the water.

To determine when to use these chemicals, check your water chemistry using a spa test kit or test strip.

We recommend using high-quality spa chemicals to maintain your water – cheaper alternatives from local hardware stores often harden the water and can even damage your spa.

Remember to consult your spa owner’s manufacturer for guidance about the chemistry of your particular spa pool.

If you don’t maintain the water chemistry in your spa, you risk spa users getting:

  • Itchy eyes.
  • Dried out hair.
  • Rashes.
  • Increased likelihood of developing a respiratory disease or urinary tract infection.

Check out our comprehensive Guide: How to Keep Your Spa Pool Water Cleaner For Longer

 

NSW Spa Pool Inspections

How can I organise an inspection of my spa pool?

Your spa pool or swim spa can be inspected by local councils and certifiers accredited by the Building Professionals Board. If your spa pool meets all the above safety requirements, they’ll be able to issue a certificate of compliance.

This certificate will be valid for three years from the date it’s issued. For more information, go to the NSW Government's Swimming Pool Register website.

What happens during a spa pool inspection?

The purpose of an inspection is to ensure that your spa pool or swim spa meets the legal safety requirements. You would need to sign a contract before the certifier begins their inspection.

During the inspection, they’ll check that your barrier and spa pool meet the requirements discussed earlier.

If it does meet the requirements, you’ll be issued a certificate of compliance. On the other hand, if it’s not compliant, your certifier will issue a notice and certificate of non-compliance.

After this, you’ll have six weeks to fix the non-compliance before your certifier will need to contact the local council.

Selective certifiers can also carry out minor spa repairs to help make your spa pool comply with the Swimming Pools Act 1992.

For them to be able to do this, they must be authorised under the Home Building Act to carry out structural landscaping or swimming pool building.

If this minor work costs less than $1,000, the spa pool owner is not obligated to have the certifier complete the job. Instead, they can employ someone else or do the work themselves.

Your certifier will charge you a fee for each inspection needed to achieve compliance.
It’s useful to keep in mind that over 95% of swimming pools and spas require more than two inspections.

How do I keep my spa pool in good condition?

Spa pools and swim spas aren’t “set and forget” – you need to maintain them properly, although it helps to invest in a high-quality Australian made product first.

We provide a complete Owner’s Manual with all the instructions to maintain your spa, but this is the general guidance:

  • Rinse and protect the cover regularly, avoiding harsh cleaners and never letting kids or pets climb on it
  • Every few months, disconnect the power, drain the water, and give the whole spa, including the filters, cover, and headrests, a good clean.

Featured Guide: Why a Cheap Spa Pool Will Cost You More in The Long Run

When should I replace my spa pool?

Higher-quality, Australian-made spa pools do cost more, but they have a longer life span and enhance the value of your property.

If you’ve had to get multiple repairs on your spa such as fixing a broken heater or faulty jet, it is a sign that your spa pool should soon be replaced.

Likewise, if you think there’s a high chance that other problems will soon arise you might need to upgrade.

For instance, if your pump is becoming very loud, this could suggest that your spa will soon need to be replaced.

Check out our complete guide: How To Clean & Maintain Your Hot Tub

 

Enjoy Your Spa Pool or Swim Spa Safely

Spa pool safety and compliance involves taking necessary precautions, looking after one another, and maintaining your spa pool's value.

We hope this guide has helped you understand spa pool regulations and safety requirements in New South Wales.

If you have any more questions, don't hesitate to visit our site, see us in-store at Unit 4-10, Hudson Ave in Castle Hill Sydney, or call us on (02) 9161 5402.