Safety guidelines for suppliers

Large inflatable pools for swimming or other aquatic activity are moveable, relatively cheap and hold a significant volume of water.

Typically, these pools have the following features:

• they are several metres in length and approximately 2 metres in width, or round and several metres in diameter
• the wall height varies from approximately 0.4m to 0.75m
• they contain approximately 700 litres of water if filled to the full wall height.

There are hazards associated with these pools such as:

• the potential for drowning
• health concerns where the pool water is left unsanitised for lengthy periods
• electrocution caused by the improper use of portable electrical pumps and filter systems.

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Owners are responsible for ensuring that the pools on their premises comply with the law in relation to fencing. Suppliers of swimming pools should alert prospective owners of pools to the fencing requirements that exist in NSW to ensure that potential hazards are minimised.

The Swimming Pools Act 1992 states that a pool which is capable of being filled with water to a depth of 300mm or more, must be surrounded by a child-resistant barrier that:

• separates the swimming pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises
• is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations.

For more information, go to the Pool fencing requirements page on the Fair Trading website.

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Pools and electricity can be a highly dangerous combination. Retailers should inform their customers to take care when using portable electrical pumps and filter systems for swimming pools.

It is an offence under the Electricity (Consumer Safety) Act 2004 for suppliers of swimming pools to sell electrical pumps and filters that are not approved and are not marked with an electrical safety approval number or Regulatory Compliance Mark. Also, it is recommended that suppliers only stock electrical pumps that are suitable for outdoor use.

Suppliers of swimming pools should also advise customers purchasing portable electrical pumps and filters:

• to fit a safety switch to the house where the pool will be used
• to arrange for a licensed electrician to install a suitable weather-protected electrical power point close to the pool so that there is no need to use flexible extension cords.

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Suppliers should be aware that statutory warranties are provided by the Fair Trading Act and the Trade Practices Act. This means that goods should be of 'merchantable quality', ie. they meet the basic level of quality and performance expected for their price and description.

Importers and manufacturers can be held liable for defective goods. The law states that goods have a defect if they are not as safe as people would reasonably expect them to be. To determine how safe goods are, all relevant circumstances should be considered including:

• the way the goods have been marketed and packaged
• any instructions for their use (including warnings about what to do or what not to do with them)
• how the goods might reasonably be used.

Manufacturers can be held liable if a person suffers injury or death as a result of a defect or if a person suffers loss because another person suffers injury or death as a result of a defect. Manufacturers should be aware that if found liable in either of these circumstances, they could be forced to pay large amounts of money in compensation.

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Fair Trading recommends the labelling of large inflatable pools to alert pool owners to potential dangers. Suppliers should attach separate and permanent warning labels to the packaging as well as to the product. Information on the warning labels can vary according to the height of the pool.

Inflatable pools under 300mm in height 

Inflatable pools under 300mm in height should carry warnings:

• alerting pool owners, parents and carers of the potential drowning hazard
• alerting pool owners of the need for water purification
• concerning safe storage when not in use.

Inflatable pools 300mm or more in height

Inflatable pools 300mm or more in height should carry:

• the same three warnings as for smaller pools (see above)
• an additional warning of the need for child resistant fencing.

It is recommended that warnings should use the following words or words which have a similar meaning:

• Do not leave young children unattended.
• For health reasons empty water every day.
• Store safely when not in use.
• Pool fencing laws affect this product. Consult your local council.

Warnings regarding pool fencing should be on the packaging as well as the product and there should also be a permanent warning label on the bottom inside lining of the pool or in a prominent position on the wall. All warnings should be clearly visible when the pool is filled. The label should be clearly legible.

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