A NEW rule in NSW requiring infinity pools to be fenced to prevent children climbing over the edge has been described as "crazy" by the pool industry.
The state's $31 million infinity-edge pool industry has come to a standstill because of a change in the building code that said an "out of the ground pool wall" (the wall of the pool where the water appears to disappear) of a minimum height of 1.2 metres could no longer be considered an effective barrier.
There are about 20,000 infinity-edge or zero-edge pools in NSW.
It is the only place in the world that has deemed the pool walls illegal.
One Sydney council insisted on fencing the base of six-metre-high pylons, to stop children from climbing up to enter an infinity-edge pool that jutted out over a cliff face.
The state government said the new rule would "align with the policy and intent of the Swimming Pools Act and Regulation" to reduce backyard drownings.
But pool industry veteran Richard Dunn, who owns the Pool Clinic in St George, described changes to infinity pools as "crazy, stupid and ridiculous".
He compiled a collection of "stupid" examples of unnecessary and bureaucratic changes to pool guidelines.
Peter Glass, one of Australia's leading pool designers, said the new rule was illegal and retained a top barrister to defend the industry's concerns.
The Swimming Pool and Spa Technicians are also seeking legal advice.
Mr Glass claims the new rule is "illogical", "illegal", has nothing to do with safety and is purely political.
He said more than 80 per cent of pools he designed over the past 30 years would now be illegal. All were approved at the time.
After the industry complained, the government issued a note urging councils to use common sense if the walls were greater than 1.2 metres. But many councils have refused to approve them.
FENCE RULES AFFECT SALES
Swimming pool and real estate groups say new pool fencing rules could delay sales or rentals of properties with pools because there were still too few inspectors.
The state government’s proposals to increase the number of qualified inspectors exclude swimming pool and spa technicians.
‘‘Our people are specialised, they live and breathe pools daily,’’ Swimming Pool and Spa Alliance chief executive Spiros Dassakis said.
‘‘These technicians service thousands of residential pools in NSW every week.’’
His association has not been told why the technicians have been excluded.
To fight for their inclusion, the alliance imposed a $150 levy on each member to fund legal action. It will also lobby for a change in rules, which it says are being interpreted inconsistently by councils and certifiers, such as those relating to infinity-edge pools and gazebos.
From April next year, all properties with pools will require a certificate of compliance before a sale or lease can be finalised.
The scheme’s introduction was postponed a year after NSW’s existing 1130 inspectors (including about 800 council employees) were swamped with return visits to properties that failed to meet requirements.
The Real Estate Institute of NSW has urged pool owners to apply for certificates if they are planning to sell to avoid delays at the time of settlement.
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