SWIMMING POOL & SPA ASSOCIATIONOF NSW LIMITED

AB.N 50 076 560 391

14-Jan-1032/350 LIVERPOOL ROAD

ASHFIELD NSW 2131PO BOX 154, ASHFIELD NSW 1800

PHONE: (02) 9747 6644FACSIMILE: (02) 9744 7916TOLL FREE: 1800802482

Mr Andrew GavrielatosDeputy CommissionerFair Trading OperationsEnterprise House1 Fitzwilliam St.PARRAMATTA NSW 2150

Dear Mr Gavrielatos,

RE: Guidelines for the use of inflatable pools (Consumer & Supplier)

We are in receipt of your letter dated 24thDecember 2009 which highlights initiativesby NSW Fair Trading to promote safety guidelines for the use of inflatable swimmingpools.

The Swimming Pool & Spa Association of NSW (SPASA NSW) being the peakindustry body provides the following feedback in relation to the guidelines.

INFLATABLE SWIMMING POOLS - SAFETY GUIDELINES FOR SUPPLIERS

SPASA NSW considers all inflatable swimming pools a significant potential hazardand the guidelines should not differentiate between large and small inflatableswimming pools. The guidelines for Inflatable swimming pools should relate to allinflatable pools which are capable of being filled with water to a depth of 300mm ormore.

FenCing requirements

Whilst owners are responsible for ensuring that the pools on their premises complywith the law in relation to fencing, suppliers and retailers of inflatable swimming poolsshould be required to alert prospective owners of pools to the fencing requirementsthat exist in NSW as well as provide sufficient labelling to ensure that consumers areaware of their obligations that an inflatable pool requires a child-resistant barrier if it iscapable of being filled with water to a depth of 300mm or more.

Preventing electrical accidents

Retailers are ill informed or not informed at all when selling inflatable swimming poolsto consumers.

It is important to note, that consumers can purchase inflatable pools from outlets suchas: BIGW, KMART, WOOLWORTHS, COlES, TARGET, BUNNINGS and manysimilar outlets. Consumers purchasing inflatable swimming pools are dealt with byemployees on the floor or at the point of sale. Such employees are almost always veryyoung and have no training or understanding of hazards on the items they are sellingand any reliance of advice received by the consumer from employees on portable.electrical pumps and filter systems is cause for concern.

~5~SPASA

Moreover: suppliers of inflatable swimming pools do not have a relationship with consumersat th~ point of sale w~ereby they can provide advice to customers who purchase portableelectrical pumps and filters. Retailers are also ill informed or not informed at all in relation toelectrical hazards and should not be able to provide advice on installation of safety switchesetc.

Liability of suppliers, importers and manufacturers

The guidelines provide no additional comfort to consumers other than what is alreadyavailable insofar as defects and merchantable quality.

Whilst manufacturers can be held liable if a person suffers injury or death as a result of adefect there is no real liability of retailers within the guidelines.

SPASA NSW strongly believes that retailers have a duty of care to consumers not only to sellitems of merchantable quality but also be trained to provide adequate advice on products theyare selling.

Labelling by suppliers

Fair Trading recommendations on labelling do not go far enough. The labelling guidelinesshould not differentiate between large and small inflatable swimming pools.

Suppliers should mandatorily be required to attach significant separate and permanentwarning labels to the packaging as well as to the product, irrespective of size or type ofinflatable pool.

Inflatable pools under 300mm in height

SPASA NSW believes that all inflatable pools MUST have significant warnings located invarious locations both externally and internally on its packaging.

SPASA NSW looks upon all inflatable swimming pools as vessels adopted to be solely orprincipally used, for the purpose of swimming, wading, paddling or any other human aquaticactivity and as such should be treated with appropriate current legislation rather thanrecommendations or guidelines.

SPASA NSW agrees that warnings regarding pool fencing should be on the packaging aswell as the product and there should also be a permanent warning label on the bottom insidelining of the pool or in a prominent position on the wall.

SPASA NSW considers all inflatable swimming pools a significant potential hazard and theguidelines should not differentiate between large and small inflatable swimming pools.

There are very few examples of Inflatable pools currently being sold under 300mm in heightand SPASA NSW would like to recommend that we maintain wording under the act where itstipulates "capable of being filled with water to a depth of 300mm or more. " This is importantdue to more innovative inflatable swimming pools coming onto the market with differentswimming zones. Example: One swimming zone may be capa~le of being. fill~d to amaximum of 250mm whilst another swimming zone within the same Inflatable swtrnmmq poolmay be capable of being filled over 300mm.

Inflatable pools 300mm or more in height

SPASA NSW believes that all inflatable pools MUST have significant warnings located invarious locations both externally and internally on its packaging.

SPASA NSW looks upon all inflatable swimming pools as vessels adopted to be solely orprincipally used, for the purpose of swimming, wading, paddling or any other human aquaticactivity and as such should be treated with appropriate current legislation rather thanrecommendations or guidelines.

SPASA NSW agrees with warnings regarding pool fencing should be on the packaging aswell as the product and there should also be a permanent warning label on the bottom insidelining of the pool or in a prominent position on the wall.

SPASA NSW considers all inflatable swimming pools a significant potential hazard and theguidelines should not differentiate between large and small inflatable swimming pools.

INFLATABLE SWIMMING POOLS - SAFETY GUIDELINES FOR CONSUMERS

Inflatable swimming pools are seen by the consumers as a great source of fun as well as aninexpensive way to install a swimming pool. SPASA NSW believes that consumers need toreceive better expert advice on the hazards and their obligations associated with owning aninflatable swimming pool.

Read the labels

The labelling guidelines for suppliers are simply recommendations and mayor may not befollowed by suppliers. SPASA NSW believes suppliers must mandatorily be required toprovide significant and sufficient warning labels to products they sell. Similarly, retailer's dutyof care should be brought to account on the inflatable swimming pools they sell which in mostcases provide obscure, minimal or no warning labels.

Advertising initiatives may be required for parents and carers to better understand whatwarning labels to look for when purchasing inflatable pools as well as what their obligationsare at law.

Fencing requirements

It is agreed that owners are responsible for ensuring that the pools on their premises complywith the law in relation to fencing, however, suppliers and retailers of inflatable swimmingpools must be required to alert prospective owners of pools to the fencing requirements thatexist in NSW as well as provide sufficient labelling to ensure that consumers are aware oftheir obligations that an inflatable pool requires a child-resistant barrier if it is capable of beingfilled with water to a depth of 300mm or more.

Electrical hazards

Retailers are ill informed or not informed at all when selling inflatable swimming pools toproperly advise consumers on portable electrical pumps and filter systems.

It is important to note, that consumers can purchase inflatable pools from outlets such as:BIGW, KMART, WOOLWORTHS, COlES, TARGET, BUNNINGS and many similar outlets.Consumers purchasing inflatable swimming pools are dealt with by employees on the floor orat the point of sale. Such employees are almost always very young and have no training orunderstanding of hazards on the items they are selling and any reliance of advice received bythe consumer from employees on portable electrical pumps and filter systems is cause forconcern.

Warning labels

As per "Read the labels" above.

Small inflatable pools under 300mm in height

SPASA NSW believes that all inflatable pools MUST have significant warnings located invarious locations both externally and internally on its packaging.

SPASA NSW looks upon all inflatable swimming pools as vessels adopted to be solely orprincipally used, for the purpose of swimming, wading, paddling or any other human aquaticactivity and as such should be treated with appropriate current legislation rather thanrecommendations or guidelines.

SPASA NSW agrees that warnings regarding pool fencing should be on the packaging aswell as the product and there should also be a permanent warning label on the bottom insidelining of the pool or in a prominent position on the wall.

SPASA NSW considers all inflatable swimming pools a significant potential hazard and theguidelines should not differentiate between large and small inflatable swimming pools.

There are very few examples of inflatable pools currently being sold under 300mm in heightand SPASA NSW would like to recommend that we maintain wording under the act where itstipulates "capable of being filled with water to a depth of 300mm or more. " This is importantdue to more innovative inflatable swimming pools coming onto the market with differentswimming zones. Example: One swimming zone may be capable of being filled to amaximum of 250mm whilst another swimming zone within the same inflatable swimming poolmay be capable of being filled over 300mm.

Large inflatable pools 300mm or more in height

SPASA NSW believes that all inflatable pools MUST have significant warnings located invarious locations both externally and internally on its packaging.

SPASA NSW looks upon all inflatable swimming pools as vessels adopted to be solely orprinclpally used, for the purpose of swimming, wading, paddling or any other human aquaticactivity and as such should be treated with appropriate current legislation rather thanrecommendations or guidelines.

SPASA NSW agrees with warnings regarding pool fencing should be on the packaging aswell as the product and there should also be a permanent warning label on the bottom insidelining of the pool or in a prominent position on the wall.

SPASA NSW considers all inflatable swimming pools a significant potential hazard and theguidelines should not differentiate between large and small inflatable swimming pools.

In conclusion, SPASA NSW makes the following comments regarding Safety of SwimmingPools within NSW.

Following a comprehensive review of the Swimming Pools Act 1992 the NSW Governmentproposed a number of amendments in 2008.

The Swimming Pools Amendment Bill 2009 was assented to by the Governor of NSW on14 December 2009 and commenced on and from that date.

Amendments to the Act include:

• Removal of automatic exemptions for new pools on very small, large and waterfrontproperties after July 2010

• Any wall used as a barrier must have no opening through which access may begained to the swimming pool

• Requirement for local authorities to investigate complaints received about non-compliance with the Act

• Ability for local authorities to enter a property to rectify pool barriers in situationswhere non-action poses a significant risk to public safety

• Increase to penalty amounts for offences under the Act.

The above amendments were designed to enhance the safety of very young children aroundprivate swimming pools in NSW by further reducing drownings and serious immersioninjuries.

SPASA NSW provided a detailed submission expressing its views as well as supporting theamendments to the Act with strong reservations.

Whilst the Act covers inflatable swimming pools capable of being filled with water to a depthof 300mm or more, consumers do not go through the same educational process as thosewho are having a swimming pool constructed or installed.

Currently, consumers can simply purchase an inflatable swimming pool and then take it homeand set it up without a second thought to the Act or potential warning hazards. Whenconsumers purchase concrete, fibreglass or above ground pools there is an educationalcomponent with the construction or installation that the owner benefits from. Owners of thesetypes of pools are required to submit architectural plans; interact with a builder or installer,converse with council and/or private certifiers and have a mandatory fence inspection carriedout prior to the swimming pool being filled with water. Needless to say, owners learn a greatdeal by the interaction as well as the expert advice they receive throughout the process.

SPASA NSW believes a more responsible approach to the sale of inflatable swimming poolsis to regulate their sale through licensed pool and spa outlets. This would ensure consumersreceive relevant expert advice in all areas associated with their purchase.

SPASA NSW applauds the new guidelines, however, does not believe they go far enough.

Whilst the guidelines are a good first initiative, SPASA NSW strongly believes the liability ofSuppliers and Retailers needs immediate attention if we are serious about the safetyassociated with inflatable swimming pools.

Fair Trading can be assured that SPASA NSW will actively promote both facts sheets to allmembers as well as consumers as part of its ongoing commitment to safety.

CC. Christine ErskineExecutive Officer, NSWKIDSAFE NSW