Swimming Pools and Spas

Pool and Spa Safety Barriers

In Western Australia, private swimming pools (including spas, portable and inflatable pools), that contain water more than 300mm deep must have a compliant barrier installed that restricts access by young children.

The Building Regulations 2012 (the Regulations) provide strict building requirements for the design, construction and installation of private swimming pools and spas and their safety barriers.

The property owner is responsible for ensuring the safety barrier is installed, maintained and operating effectively in compliance with current building standards at all times. If you do not comply with the Regulations, you risk the lives of young children and may face substantial fines.

For a user-friendly guide on the requirements in the Regulations and relevant Australian Standards information, please see the Rules for Pools and Spas publication from the Department of Energy, Mines, Industry Regulation and Safety.

Pools that are not considered to be private swimming or spa pools are controlled under the Health (Aquatic Facilities) Regulations 2007. More information can be found in the Code of Practice for the design, operation, management and maintenance of aquatic facilities.

New Rules for Pools and Spas

The State Government has introduced the following changes to the requirements of pool and spa owners as part of its Building Amendment Regulations 2023

Here is a summary of the changes to private swimming pool safety barriers:

Building permits are not required for new pool barriers (with some exceptions) - owners will no longer require a building permit for pool safety barriers to be installed around new private swimming pools or spas.
Notification to the pool inspection : once a new pool/spa has been constructed, it is a requirement to notify the Town's Building Surveyor and book an initial inspection of the new safety barrier. The safety barrier must be inspected within 30 days to verify compliance with current building standards and legislation.
Existing pool barrier inspections: existing safety barriers around swimming pools/spas must be inspected within a four-year cycle.
Non-compliant barrier re-inspection: if pool barriers are found to be non-compliant, they will be inspected within 60 days. Any issues must be addressed promptly to avoid enforcement actions.
Enforcement measures: failure to address non-compliance, provide a compliant barrier or respond to an inspection request from the Town can result to enforcement actions.
Pools under construction (regardless of water level) while the site is under control of a builder: builders are responsible for securing the construction site from unauthorised access under work health and safety laws.
Completed swimming pools or spas (containing more than 300mm of water): pool owners must provide and maintain a compliant safety barrier. Regular inspections and timely responses to inspection requests are crucial.

Role of the Local Government

Local Government is responsible for issuing building permits for swimming pools and spas and their associated barriers. The approval process not only ensures that the building and barrier standards are satisfied, but that the structures are registered with the Local Government so that periodic inspections of the installed barrier can occur at least once every four years.

Mandatory Inspections

The Town is bound by legislation that requires every swimming pool in the Town to be inspected by an authorised person once it is newly constructed and once every 4 years. This is to ensure safety is maintained to the current building standards and legislation. Newly constructed swimming pools/spas must be inspected within 30 days of completion. A request for an inspection can be arranged by phoning the Town on 08 9339 9339 or by sending an email to admin@eastfremantle.wa.gov.au.

The mandatory 4 yearly inspections are carried out by an inspector authorised by the Town, which is currently Royal Life Saving Society (WA). The cost associated for the 4 yearly inspection is collected by the Town each year and will appear on your annual rates notice. If the barrier is deemed non-compliant by Royal Life Saving Society (WA) and more than 3 inspections have been attempted within a 4 year cycle, the inspection will be referred to the Town's Building Surveyor and an additional inspection fee will incur.

One of the Town's top priorities is the safety of young children. Property owners who receive a swimming pool/spa barrier inspection request are encouraged to respond promptly to ensure their barrier complies with the current regulations and building standards and to avoid enforcement actions. Penalties for a non-compliant safety barrier are up to $5,000 under the Regulations.

Pool and Spa Decommission

A decommissioned swimming pool/spa is defined as no longer being used and will not contain water more than 300mm deep at any time. The pool/spa owner must follow these steps, as a minimum:

pool/spa shell structure is removed completely from the property if above ground; or
pool/spa shell is structure is removed completely and backfill if below ground. You need to obtain a compaction certificate for the backfill; or
pool shell remains, however will require two sizeable holes (minimum size of 1m x 1m each), one in the base of the pool or spa at the deepest end to ensure the pool or spa can no longer retain water

You must notify the Town in writing by letter or email the pool/spa has been decommissioned or removed. An inspection will be conducted by the Town's Building Surveyor at a cost of $163.30.

Further information

Useful forms and websites include:

Rules for Pools and Spas - a simple checklist

Rules for Portable Pools

Royal Life Saving Western Australia

Royal Life Saving Australia - Keep Watch

Swim and Survive

Kidsafe