Drowning is the most common cause of preventable death of children aged 0 – 5 years. Over the past five years, 16 toddlers have drowned in Western Australia, and it is estimated that for every drowning, 10 children are admitted to hospital as a result of a near-drowning.

Statistics show that domestic swimming pools are the most common sites in which drowning for children aged 0 – 5 years occurs. As such, there are specific laws in WA that mandate the installation of a safety barrier to enclose residential swimming pools and spas.

Requirements of pool and spa owners/occupiers

Building Permits

Under the Building Act 2011 and the Building Regulations 2012, building permits are required for:

• Swimming pools; and
• Outdoor spas

Swimming pools and outdoor spas that are capable of holding more than 300mm of water require a building permit from the Town prior to their construction or installation. This includes inflatable and portable above-ground pools purchased from hardware retailers and general department stores. Please refer to Building Permit Applications for more information on how to apply for a building permit.

The Building Code of Australia defines a swimming pool as: any excavation or structure containing water and principally used, or that is designed, manufactured or adopted to be principally used for swimming, wading, or the like, including a bath or wading pool, or spa. and;

AS1926.1-2012 defines a swimming pool as: any structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa pool.

Safety Barriers

Under the Building Regulations 2012, all property owners and occupiers of a property with a residential swimming pool and/or spa containing more than 300mm of water are required to install or provide a safety barrier around the pool and/or spa. This is to restrict access by young children to the pool and/or spa and its immediate surrounds.

From 21 June 2024, most pool fences will not require a building permit. A building permit will only be required where a pool fence:

• also acts as a fall protection barrier (balustrade) required by the Building Code of Australia (BCA) where people could fall 1m or more; or
• is constructed of masonry and over 0.75m in height*; or
• is constructed of a material other than masonry and over 1.8m in height*; or
• is located in Wind Region C or D (as detailed in AS/NZS 1170.2, as referenced in the BCA)*.

Industry Bulletin 158 – Building Amendment Regulations 2023

Building permits for private swimming pools and pool fences

 

Other requirements

• A compliant pool safety barrier must comply with the provisions of the Building Code of Australia, Australian Standard 1926.1–2012, and Building Regulations 2012
• Pools or spas installed before 5 November 2001 are required to restrict access from the house, adjoining properties and the road. Doors are permitted to lead directly into the pool area but must be compliant with Australian Standard 1926.1–1993
• Pools or spas installed on or after 5 November 2001 are required to have an isolation fence. There must be a compliant fence or gate between any door and the pool/spa area. No door is allowed to lead directly into the pool area
• For pools or spas installed on or after 1 May 2016, a boundary barrier must be at least:
  –  1800mm high on the poolside with a 900mm NCZ5 at the top to AS 1926.1-2012; or
  –  1200mm high on the non-poolside, with no steps, retaining walls, objects or level changes that reduce the height of the barrier within 500mm of the barrier, with NCZ 1, 2, 3, and 4 (where required), to AS 1926.1-2012 as modified by regulation 15B, Building Regulations 2012.
• a minimum of 1.8m in height if it is being used as part of the safety barrier
• It should be noted that if a swimming pool or spa is located to the front of the property, and a front boundary fence will form part of the pool safety barrier, development approval may be required from the Town’s Statutory Planning department for the 1.8m front fence.

For further information, please refer to Rules for Pools and Spas, which can provide further guidance on the pool safety requirements or visit Department of Mines, Industry Regulation and Safety for further publications.

Skimmer boxes

Pool skimmer boxes help to clean a pool by skimming water and capturing floating debris such as leaves, flowers petals, dirt, twigs, dead insects and oil (sunblock) before the waste can sink to the bottom of the pool. Poorly designed skimmer boxes with removable covers and unprotected intake areas can pose a safety risk for young children as such skimmer boxes resemble a potty or seat.

The strong suction of the pool’s filter pump can cause serious and permanent injury to young children. In WA, children have suffered serious injuries or died after sitting on open, potty-shaped skimmer boxes. Old fibreglass pools with skimmer boxes moulded into the side are unsafe as children can easily lift the cover and sit inside them.

If your skimmer box is unsafe, immediate action should be taken:

• Buy and fit a low-cost conversion kit, available from local swimming pool suppliers; or
• Place a bar or other fitting (safety skirt) across the opening of the skimmer box to prevent children from sitting in the box; or
• Permanently fix the cover over the skimmer box so it can only be removed using a tool.
• If you have any concerns about the safety of a skimmer box, please contact the Consumer Protection’s product safety team on 1300 304 054, visit www.productsafety.gov.au or contact a local pool shop for expert advice.

Builder’s responsibility – Notice of Completion (BA7)

The responsible person (builder named on the building permit) must give a Notice of Completion (BA7) in accordance with section 33 of the Building Act to the permit authority within seven (7) days of completion of the work or stage of work for which the permit was granted. This establishes the end date of the permit which serves to record relevant compliance matters. The notice of completion must be accompanied by a copy of an inspection certificate for each inspection and test that applies to the building permit. It is the responsibility of the builder to organise the inspection certificate. Please click on the Swimming Pool Barrier Inspection Certificate Template or refer to the Building Commission’s Industry Bulletin 72 for further information.

Town’s responsibility – four yearly inspections

The Town has a legislative obligation to ensure that swimming pools and spas within the district are inspected at least once every four years to ensure continued compliance of the barriers with applicable building standards.

The Town’s Swimming Pool Inspector is available to provide pool and spa owners with advice and guidance on the requirements of the regulations and Australian Standard 1926.1–2012. When you receive your email or letter contact us on the number stated to arrange an inspection time.  Our inspector will check that your fences, gates and latches are all working properly, there are no climbable objects around the pool fence that children can climb onto and get into the pool or spa, and a number of other things that will help protect your kids and their friends.

Are there penalties for non-compliance?

Yes. Failure to have a compliant safety barrier around a private swimming pool can result in an infringement notice of $1,000. A magistrate’s court may impose a penalty of up to $5,000, plus award costs.

The Town does recommend prior to selling/purchasing a property, that an inspection is undertaken to ensure the compliance of safety barriers.

For a compliance assessment of your swimming or spa pool, please contact the Town’s Building Services team on 9383 6600 to book an inspection or complete the Non-Scheduled Inspection Form.

Removing, decommissioning or emptying a pool

The Towns’ Health Local Law 1995 strictly prohibits discharging pool water into a public area (e.g. road, parkland, reserve etc.) within the Town of Mosman Park. Apart from potential damage to the verge, road, footpaths, surrounding property etc., the running water can create a hazard for vehicles and pedestrians as well as the environment above and below ground. You may also face significant penalties under the Environmental Protection Act 1986 if found to have committed an offence of causing harm to the environment and/or people.

If the pool is in excess of 40㎡ in area a Demolition Permit is required. If you are removing a pool or spa as part of your demolition, please notify us:

• By email: complete the Decommission & Removal of Pool & Spa form and email it to admin@mosmanpark.wa.gov.au; or
• By post or in person: complete and submit the Decommission & Removal of Pool & Spa form to our Administration Office.

The Town’s swimming pool inspector must conduct a site visit to confirm the swimming pool or spa has been correctly removed or decommissioned.

Information Sheet – Decommissioning and/or Removal of Swimming Pools or Spas

Further information

The Building Commission has released publications and general information that can help inform you of your responsibilities. Visit the Building Commission website for more details or contact the Town’s Building Services team on 9383 6600 or at admin@mosmanpark.wa.gov.au.