Tag: swimming pools

Decommissioning pools

The information provided below are guidance notes only.

When removing (decommissioning) an existing swimming pool, the following two options are available:

Option one – pool shell is removed completely

  • Firstly advise the City in writing via letter or email that you intend to remove your pool shell completely
  • Once the City has acknowledged the removal of the pool shell, the water in your pool will need to be pumped out and disposed of off-site
  • In order to remove the pool shell you will need to engage the services of a structural engineer on how to remove the pool shell. They should provide you with advice on the filling and compaction of the excavation
  • A copy of the compaction test results will need to be sent to the City for its records
  • Contact the City’s swimming pool inspection team on 9400 4262 to organise a time an inspector can attend your property to confirm the pool has been removed
  • The City’s Rates section will be advised that the pool shell has been removed

In most instances the removal of a pool does not require a building permit application. However, if the removal of the shell impacts on adjoining structures such as a dwellings, patios/outbuildings, a building permit application may be required. For further information contact the City’s Building Services on 9400 4961.

Option two – pool shell remains but is decommissioned

  • Firstly advise the City in writing via letter or email that you intend to decommission the existing pool shell to prevent it from holding any water
  • Once the City has acknowledged the decommissioning of the pool shell, the water in your pool will need to be pumped out and disposed of off-site
  • In order to decommission the pool shell you should engage the services of a structural engineer on how to decommission the pool shell including details to prevent water build up and to ensure there are no long term structural issues from the decommissioning. The structural engineer should provide advice on the filling and compaction of the unfilled pool
  • A copy of the compaction test results will need to be sent to the City for its records
  • Contact the City’s swimming pool inspection team on 9400 4262 to organise a time an inspector can attend your property to confirm the pool has been decommissioned
  • The City’s Rates section will be advised that the pool shell has been decommissioned

In most instances the decommissioning of a pool shell does not require a building permit application. However, if your structural engineer has provided advise and works need to occur to the site, a building permit application may be required. For further information contact the City’s Building Services on 9400 4961.

It is important to note that at all times the pool must be protected by a compliant safety barrier in accordance with A.S.1926.1.

Portable pools

Did you know by law, swimming and spa pools containing water more than 300mm deep must have compliant safety barriers that restrict access by young children? This includes portable pools.

For detailed information on portable pool safety barrier requirements it is recommended that you visit the Department of Mines, Industry Regulation and Safety website.

Swimming pools and spas: safety barrier requirements

Owners and occupiers of a property with a private swimming or spa are required to maintain the barrier so that it is compliant with the regulations at all times. This means restricting access to the swimming pool or spa by a young child through the provision of a suitable barrier between the residence on the property and the swimming pool or spa.

For detailed information on safety barrier requirements it is recommended that you visit Department of Mines, Industry Regulation and Safety website..

What is the role of local government?

Local governments are responsible for monitoring compliance with the requirements and approving the construction or installation of swimming pool or spa and their barriers.

Local governments carry out inspections of swimming pool/spa barriers at least once every four years. The fee for the inspection is incorporated in your Rates.

In addition to the statutory swimming pool/spa inspection requirements, the City provides a swimming pool/spa inspection and report service upon request. The fee for an inspection is listed in the City’s Building Services Schedule of Fees.

Pool and spa barrier requirements

Depending on when your swimming pool and/or spa was approved, different regulations apply.

There are three significant dates which determine the specific requirements for your swimming pool and/or spa barrier, they are:

 Barriers for swimming pools and spas approved before 5 November 2001:

  • Must have suitable barriers that may consist of a fence, wall or gate, as long as each part complies with the relevant requirements of the Australian Standard.
  • May include walls that have doors and windows only if the doors and windows are designed, constructed and maintained in accordance with Section 2 of the AS1926.1 – 1993.
  • Access to a swimming pool/spa via a garage – a wall of a building that is used as part of the barrier may contain a door or window only if the door is designed, constructed and maintained in accordance with Section 2 of the AS1926.1 – 1993.

 Barriers for swimming pools and spas approved on or after 5 November 2001:

  • Must have a suitable barrier that may consist of a fence, wall or gate, as long as each part complies with the relevant requirements of the Australian Standard.
  • May include walls, however:
    • any wall forming part of the barrier must not contain a door unless the door is permanently sealed closed. Note: All door hardware must be removed.
    • any wall forming part of the barrier may have a window, provided that the window complies with the requirements of the Australian Standards. The window must not be able to be opened more than 100mm and require a tool to be removed, or, have a security screen installed over the open portion of the window. Note: Key locks or finger loosened devices are not an acceptable form of window lock.
  • Access to a swimming pool/spa via a garage – A garage door is not permitted to open directly to a pool area, either through a roller door or hinged door. A complying fence must be installed between the door and the pool or spa.

Barriers for swimming pools and spas approved on or after 1 May 2016:

  • Must have a boundary fence between owner/occupier, the neighbour or public property that is a minimum of 1.8m in height with a non-climbable zone of 900mm from the top of the owner/occupier side of the fence if they form part of the security barrier. Note: Fences to public property must also meet the relevant planning requirements.
  • Must have an internal barrier fence and gate accessing the part of the property containing the pool or spa in accordance with the Australian Standards.
  • Access to a swimming pool/spa via a garage – A garage door is not permitted to open directly to a pool area, either through a roller door or hinged door. A complying fence must be installed between the door and the pool or spa.
  • May include walls, however:
    •  Any wall forming part of the barrier must not contain a door unless the door is permanently sealed closed. Note: All door hardware (door handles etc) must be removed.
    • Any wall forming part of the barrier may have a window, provided that the window complies with the requirements of the Australian Standards. The window must not be able to be opened more than 100mm and require a tool to be removed, or, have a security screen installed over the open portion of the window. Note: Key locks or finger loosened devices are not an acceptable form of window lock.

Internal barrier fences and gates specifications for swimming pools and spas:

Fences and gates accessing the part of the yard containing a swimming pool/spa must conform to the following:

  • Must be at least 1.2m high.
  • Gates must swing outward away from the swimming pool/spa.
  • Gates must have a closer that will make the gate shut from any position.
  • Must have a latch that self-engages when the spring closes the gate.
  • Must have the latch release at least 1.5m above the outside finished ground level or other permanent stable surface.
  • Must not have rails or braces that would enable a child to climb towards the latch release.
  • Maximum spaces between vertical members of no more than 100mm.
  • Maximum space under a fence of no more than 100mm.
  • Fences, gates and balconies must not have any rails or other non-vertical parts (horizontal) closer together than 900mm.

What are the penalties for non-compliance?

Owners and occupiers face a maximum penalty of $5,000 for non-compliance.

Please note: Due to the highly technical nature of regulations and standards applicable to safety barriers for pools and spas, the information and requirements listed above are neither complete nor exhaustive, but are provided on the basis for ease of reference. It is recommended that this information be read in conjunction with Rules for Pools and Spas available on the Department of Mines, Industry Regulation and Safety website.

Swimming pools and spas: approval requirements

A building permit is required before constructing or installing a new swimming pool or spa. A compliant safety barrier (such as a fence) must also be installed. If a new fence forms part of the barrier, then the fence requires approval from the local government prior to installation.

For more detailed information on safety barrier requirements it is recommended that you visit the Rules for Pools and Spas on the Department of Mines, Industry Regulation and Safety website.

After construction

Prior to adding water to the swimming pool/spa a compliant safety barrier must be installed. The City is legally required to inspect swimming pools and spas to ensure that safety barrier requirements are met.

It is the owner’s responsibility to notify the City’s Compliance and Regulatory Services that the construction is complete and ready for inspection. A suitable time will then be arranged for an inspection to be undertaken by the City.

Aquatic facilities

Under the Health (Aquatic Facilities) Regulations 2007, aquatic facilities are places like swimming pools, spas, water playgrounds, water slides, hydrotherapy pools, float pods and similar facilities that are open to the public. Multi-residential complexes with more than 30 units and those associated with a home business such as bed and breakfasts are also included within the definition of an aquatic facility. Private residential swimming pools are not captured.

The design and operation of aquatic facilities in Western Australia must meet a Code of Practice.

A person can only commence the construction, alteration or extension of an aquatic facility if the Chief Health Officer (Department of Health) has approved the proposed works. This requires the occupier of the land or premises of the aquatic facility to make a written application to the Chief Health Officer.

The City’s role is to routinely sample water quality at all facilities within the City that are captured by the regulations. The City charges a monthly sampling fee for each visit when the facility is open, in accordance with the Environmental Health Schedule of Fees and Charges.