My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.
I am a solicitor not a pool inspector.
But the section does not talk about the gaps in the gate it talks about what pools are exempt from the compliance. Any pool built before 1 August 1990 fits this section.
This is very clear.
But having said this the pool has to be certified in any sale and you should have it certified and have evidence of when it was constructed.
If the gate you have does not comply with the regulations, this section does not say you can have it remain. It only deals with the separation of the pool form the house if the house forms part of the fencing.
if you have a gate between the house and the pool then this has to meet the fencing requirements and only council can tell you by having an inspection.
See part 2 of the link and it will show you what the fencing has to be like
I hope this makes sense and is of assistance. If there is nothing further
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If I have missed anything, or you have any further questions please let me know
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