Spas are covered by the NSW pool safety rules, but a qualifying spa pool can use a lockable child-resistant structure instead of a surrounding fence. That exception is useful, and easy to misunderstand.
A swim spa may be treated differently because it is designed for swimming. The product name alone does not decide which rule applies.
Key facts
- A spa pool capable of holding more than 300 millimetres of water is covered by the Act.
- A spa bath inside a bathroom is excluded.
- A qualifying spa pool can avoid a surrounding fence when access to the water is secured whenever it is not in use.
- The cover or other structure must be lockable, child-resistant and substantially built.
- A swim spa should be assessed rather than assumed to have the same exemption.
Does my spa need a fence in NSW?
Usually, yes. A spa pool is included in the NSW definition of a swimming pool. The exception is a qualifying spa pool secured by the type of lockable child-resistant structure required by the Regulation whenever it is not in use.
A loose thermal blanket or ordinary soft cover is not enough.
When is a lockable cover enough instead of a fence?
Section 20 says a spa pool is not required to be surrounded by a child-resistant barrier while access to its water is restricted in accordance with the prescribed standard whenever it is not in actual use.
Clause 9 requires a lockable child-resistant structure, such as a lid, grille, mesh or door, that is of substantial construction, prevents passage of the testing apparatus and is securely fastened by a substantial device. A loose thermal blanket or unsecured soft cover should not be assumed to satisfy that test.
Why are swim spas treated differently?
The law distinguishes a spa pool from a vessel designed mainly for swimming. A swim spa can therefore fall under the ordinary pool barrier rules even when it is sold with a cover.
The inspector looks at the actual product, its intended use and the installation rather than relying on the marketing name.
Do portable and inflatable spas count?
Portable and inflatable products still count when they can hold more than 300 millimetres of water and are designed for people to swim, wade or bathe in.
A portable spa pool may be able to use a compliant lockable cover. A portable swimming pool or swim-oriented product usually needs the ordinary pool barrier assessment.
What do I need to sell or lease a property with a spa?
A spa covered by the Act needs to be registered and included in the property's pool documentation. For a rental, that generally means a valid compliance certificate or relevant occupation certificate. Property sales can have an additional non-compliance option in some circumstances.
If the spa uses a lockable cover instead of a fence, the inspection checks that the cover and fastening arrangement meet the required test. The main compliance guide explains the wider process.
What does an inspection of a spa look like?
The inspection first identifies whether the installation is a spa pool using the section 20 pathway or a pool requiring the general barrier pathway. It then assesses the access arrangement, any barrier, gates and latches, surrounding climbable features, required signage, registration and installation history.
A hard cover by itself does not prove compliance. Its construction, openings, fastening and use must satisfy the prescribed test.
Common questions
Does every spa pool need a surrounding fence?
Not if it qualifies for the spa-pool exemption and has the required lockable child-resistant structure.
Is a thermal blanket enough?
No. A loose or unsecured blanket does not provide the lockable, substantially built protection required.
Does every swim spa qualify for the spa-pool exemption?
No. A product designed mainly for swimming may need an ordinary pool barrier.
Do portable products count?
Yes, when they can hold more than 300 millimetres of water and are designed for people to swim, wade or bathe in.
What will the certifier check?
The product type, cover or barrier, gates, surrounding climbable features, signage, registration and installation history.