Installing a pool or spa adds excitement to your home but comes with significant safety responsibilities. Ensure you are aware of the laws when installing or maintaining your swimming pool or spa.
Know your responsibility
Safety around swimming pools and spas is an important issue for your family and visitors to your home. 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. For every drowning death, it is estimated that 10 children are admitted to hospital following a near-drowning incident (160 children over the past five years).
Pool owners are required by law to maintain the safety of their pool area and must ensure that children are properly supervised.
Here's what's important to know:
- Setting up a pool or spa (including inflatables): All pools and spas with water deeper than 300mm, require a building permit to ensure they meet safety and construction standards.
- Compliant safety barriers: A must-have around every pool and spa to safeguard against accidental drownings.
- Ongoing inspections: The City of Joondalup ensures that your pool, spa, and safety barriers comply with regulations through regular inspections.
- Removing or in-filling a pool: Specific procedures are in place for safely removing or in-filling your pool.
Detailed requirements are provided below.
Safety barrier requirements
Important note: In addition to the guidance provided below, it is recommended that you read the Rules for Pools and Spas (published by the Department of Energy, Mines, Industry Regulation and Safety).
For all pools and spas, irrespective of their approval date, the internal fences and gates must adhere to the following specifications:
- An internal fence needs to be at least 1.2m in height from all ground levels
- Gates must swing outward away from the pool or spa
- Gates must self-close and self-latch from all opened positions
- Feature a latch that automatically engages when the gate closes, with the release mechanism at least 1.5m above ground level for tubular gates. Glass gate latches must be located 150mm below the top of the glass gate on pool side
- Not have climbable rails or braces within 1200mm of the latch release
- Vertical members cannot be spaced more than 100mm apart
- The space under the fence should not exceed 100mm
- Fences and gates must ensure all horizontal rails and members, must be greater than 900mm apart to prevent climbing.
In addition, the following regulations apply dependent on the date of the pool.
- Barrier options: Barriers may consist of a fence, wall, or gate, each complying with the Australian Standards.
- Doors and windows in walls: Permitted if they are designed, constructed, and maintained according to (Australian Standards) AS1926.1 - 1993.
- Garage access: A building wall used as part of the barrier can include a door or window if it adheres to AS1926.1 - 1993.
- Compliant barriers: Must consist of fences, walls, or gates that meet the Australian Standards.
- Wall restrictions:
- Doors within any wall forming part of the barrier are not allowed unless they are permanently fixed shut.
- Windows in barriers can only open up to 100mm, must require a tool for opening further, or be secured with a security screen.
- Direct garage access to the pool or spa area is prohibited, necessitating a compliant fence between any door and the pool or spa.
- Glass barriers: Newly installed glass barriers must comply with AS 1288, AS/NZS 2208, type A safety glass.
- Boundary fence: Must be a minimum of 1.8m in height with a non-climbable zone of 900mm from the top on the owner/occupier side if it forms part of the security barrier. Alternatively where 1.8m in height on the pool side i not achievable, 1.2m on adjoining may be accepted under certain conditions. Amendments to this standard are in place please contact Pool Regulatory Services for additional information regarding this matter.
- Internal barriers: Require an internal barrier fence and gate in compliance with the Australian Standards.
- Garage access: Direct access from a garage to the pool area is prohibited. A compliant fence must be installed between any garage door and the pool or spa.
- Front of property swimming pools: Different requirements exist for pools located at the front of a property. Please refer to the fencing and street walls page.
If a swimming pool or spa barrier is damaged or your permanent barrier is temporarily removed which exposes your swimming pool or spa temporary fencing is required. Adequate temporary fencing is described as non-climbable from the ground to the top of the fence to a height of 1200mm alternatively a climbable fence with minimum height of 1800mm is acceptable and still must meet the Australian Standards for pools fencing. Please note this is a temporary measure only.
Installing a new swimming pool or spa
When planning the installation of a new swimming pool or spa, it is essential to adhere to the following procedural steps to ensure compliance with safety regulations and local government requirements:
- Apply for a Building Permit: Submit your application to the City of Joondalup along with detailed plans of your pool or spa including the safety barrier location. Refer to Appling for a Building Permit below.
- Install a compliant safety barrier: Ensure your safety barrier complies with safety standards. The safety barrier must be installed before filling the pool or spa with water. Find out about safety barrier requirements above.
- Schedule an Inspection: Once construction is complete, contact the City to arrange an inspection of your pool/spa and safety barrier to ensure everything is compliant.
Please note: Some fences require approval from the local government prior to installation. Refer to the Department of Energy Mines Industry Regulation and Safety bulletin.
Applying for a Building Permit
You have two options when applying for a Building Permit:
- Certified application: Lodge a BA1 form, accompanied by a Certificate of Design Compliance (BA3 form) signed by a registered building surveyor, confirming compliance with building standards.
- Uncertified application: Lodge a BA2 form, accompanied with the Uncertified building application checklist - swimming pool and or barrier (see below). The City will internally arrange approval of building standards.
You can download BA1 and BA2 forms from the Department of Energy, Mines, Industry Regulation and Safety website.
Swimming pool and spa inspections
The City of Joondalup is responsible for monitoring compliance and approving the construction or installation of swimming pools/spas and associated barriers.
Inspections of swimming pool/spa barriers are conducted at least once every four years with the inspection fee incorporated annually with Rates Notices.
In addition to the mandatory swimming pool/spa inspection requirements, the City can provide an inspection or report service upon request (separate fees apply).
Unwanted pools and spas
When owners no longer wish to keep their pool or spa, it’s important to ensure safety and compliance with regulations. There are two options available:
- Empty the pool or spa: In this case the pool or spa is to be drained so it does not hold more than 300mm of water at any time. A pool or spa remains on the City’s records and will incur regulatory inspections, should the owner wish to refill their pool or spa, the City must be notified and a pool/spa security inspection carried out prior to any water being added.
- Removing the pool or spa: In this case the pool or spa has been emptied and the shell permanently destroyed to the point that it can no longer hold water. Prior to removal, it is recommended owners consult with a Structural Engineer or seek professional advice on the process of removing/disabling the pool shell to ensure nearby structures are not adversely affected. Once notification of the removal hos been confirmed, the City's records will be updated and no further regulatory payments or inspections will occur.
More information and contact
For more information on swimming pools and spas, contact the City on 9400 4000 or via info@joondalup.wa.gov.au. You can also visit the City’s Customer Care desk during office hours Monday - Friday, 8.30am - 5pm.