Council officers inspect public swimming pools and spas to confirm they meet all legal requirements. This helps protect the health and safety of everyone who uses them.
What is a Public Swimming Pool or Spa
Under the Public Health Act 2010, a public swimming pool or spa is any pool that members of the public can use — whether a fee is charged, access is provided through club membership, or the pool is available to guests at a property.
This includes:
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Pools at clubs available to members.
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Pools at workplaces for use by employees.
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Pools at hotels, motels, guest houses, or holiday units for use by guests.
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Pools at schools or hospitals.
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Pools at private residential properties used for commercial purposes.
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Any other pool declared by the regulations to be a public swimming pool or spa.
Notify of your public swimming pools and spas
All operators of public swimming pools and spas are required to notify Council under the Public Health Act 2010.
Complying with the Public Health Laws
Schedule 1 of the Public Health Regulation 2022 sets out the rules that all public swimming pools and spas must follow.
The Public Health Act 2010 also requires occupiers of premises with a public swimming pool or spa to meet the following obligations:
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Water Disinfection: The pool must not be made available for use unless the water has been properly disinfected to reduce the risk of disease transmission to users.
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Clean Pool Surrounds: Pool surrounds must be kept clean and in good condition at all times. This includes any toilets and change rooms on the premises. All areas must be maintained in a manner that reduces the risk of disease transmission.
Non-Compliance with the Legislation - Regulatory Actions
Council assists public swimming pool and spa businesses to understand and comply with public health laws to protect the safety of customers.
Both Council and NSW Health provide guidance to help businesses meet their legal obligations. Businesses may also contact their local EHO for advice.
Where a business is found to be non-compliant, officers will apply Council's Enforcement Policy. One or more of the following actions may be taken:
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Re-inspections
Re-inspections are conducted to verify that a business is complying with public health laws. The business will be notified of the date and time of the re-inspection in advance.
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Written Warning
A written warning is issued when a business is not meeting its legal obligations. This is usually followed by a re-inspection to confirm the matter has been resolved.
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Improvement Notices
An Improvement Notice is issued where a business has repeatedly failed to comply, or where an officer has determined there is a risk to public health or safety.
The notice specifies what must be rectified and the deadline for compliance. An administration fee applies. A re-inspection will be conducted to confirm the required changes have been made.
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Penalty Notices
A Penalty Notice may be issued for breaches of public health legislation. This is an on-the-spot fine.
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Prohibition Order
A Prohibition Order is issued where a business has failed to comply with an Improvement Notice, or where there is an immediate risk to public health.
The order requires the business to cease trading or to stop using specified equipment or processes. An administration fee applies.
The business may not resume operations until all identified issues have been rectified and Council has issued a Clearance Certificate. A copy of the Prohibition Order must be prominently displayed near every entrance to the premises.
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Prosecution
Businesses that fail to comply with public health legislation may be subject to prosecution.
Additional Information – Public swimming pools and spas:
NSW Health provides further guidance on the management of public swimming pools and spas:
For further information, visit the NSW Health website.
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