swimming pools, spas and pool safety barriers

When is a building permit required?

Under the Building Act 2011, a building permit is required for:

• Swimming pools, including portable/inflatable pools.
• Spas.
• Pool safety barriers.
• Alteration of pool barriers, including windows, doors and gates that restrict access to a swimming pool or spa area.

A building permit must be obtained from the City before the installation or construction of a pool/spa and a pool safety barrier. 

Note: If the builder of the pool or spa is not going to install the required pool safety barrier, a separate building permit application will be required for the pool barrier. The City will not be able to progress the building permit application for the pool/spa if an application for the pool barrier has not been lodged.

Are there other approvals required?

If your swimming pool or spa is located within the front setback area of the property, and your pool barrier includes a 1800mm high front boundary fence, you may require planning approval from the City. Please contact the City's Statutory Planning Services team for more information on (08) 9273 6000.

What do I need to do after I have finished?

The responsible person named as the builder on the building permit must submit a BA7 Notice of Completion to the City of Vincent within seven (7) days of the completion of the work or stage of work as required under Section 33 of the Building Act 2011. The BA7 establishes the end date of the permit.

Note: It is an offence not to submit a BA7 after works have been completed. An infringement or a fine may be imposed for a failure to give notice of completion to the City. 

Penalties: Infringement - $500 / Fine - $10,000

Mandatory inspections

Under the Building Regulations 2012, the City has a legislative obligation to ensure that private swimming pools and spas located within Vincent are inspected at least once every (4) years to confirm continued compliance of the pool safety barriers with applicable building standards.

There will be instances when our inspection scheduling may require some properties to have their pool barriers inspected earlier than four years to even out the number of properties the City inspects per financial year. There is no extra charge for this as it is covered by the annual pool inspection levy charged in the annual rates. 

Pool inspection levy

Local government pool inspections are an essential service provided in order to ensure safety for young children around private swimming pools and spas. The pool inspection levy allows Vincent to maintain an appropriate inspection regime.

Under the Building Act 2011 (‘the Act’), a local government is required to inspect the safety barrier to a private swimming pool/spa at intervals of no more than four (4) years for the purpose of monitoring compliance with existing building legislation and Australian Standard AS 1926 Parts 1 and 2.

The Act allows a local government to impose a charge on owners/occupiers of a property where there is a private swimming pool/spa to meet the estimated cost of carrying out the inspections. In accordance with the provisions of the Act, a local government can charge $58.45 annually for cost recovery purposes. The total cost for a 4-yearly inspection cycle is $233.80, with this fee divided across four years at $58.45 pro rata.

A pool safety barrier inspection does not only consist of a 10-15 minute inspection onsite. There is a substantial amount of work involved with a safety barrier inspection, including:

• Administrative tasks – preparing and sending out inspection request letters, booking in inspections, record keeping and updating the pool register.
• Travel time.
• Physical inspection – 10 -15 minutes generally.
• Preparation of the pool inspection report, issued to the property owner/occupier.
• Updates to the pool register and other records.
• Re-inspections – if a barrier is deemed non-compliant, the Pool Inspector must re-inspect the barrier until the property owner/occupier has rectified the non-compliance/s and bring the barrier into compliance. It is not uncommon to undertake up to three re-inspections.

The fees charged to pool owners are essential to cover the costs of the City’s private pool inspection program.

Decommissioning/removing a private swimming pool

Had enough of your pool? Ideally, when the swimming pool or spa is no longer wanted, they would be removed from site either by deflating, dismantling, excavating and lifting out, or complete demolition. 

What constitutes decommissioning?

A decommissioned swimming pool or spa is defined as one that is no longer being used and will not contain water more than 300mm deep at any time. Such measures to decommission, as a minimum may include:

• removing the structure completely*, or
• Placing sizeable hole(s) in the deepest point of the pool or spa and removing the filter and access ladders, or
• Placing sizeable hole(s) in the deep end of the pool and multiple locations, backfilling with clean fill and compacting the fill.

A compliant safety barrier is not required while the pool or spa is decommissioned. 

* if the pool or spa is in excess of 40m² in area, an Application for a Demolition Permit (BA5) is required.

Pool owner must ensure:

• any backfill is properly compacted. To prevent potential future issues (particularly if the property owner wishes to build on this land later), it is recommended that a professional structural engineer certify the compacted fill. A compaction certificate is to be submitted to the City to be placed on the property file.
• the removal of the pool and any subsequent compaction of fill will not impose any loads on adjoining buildings or structures, and neighbouring properties.
• only clean non-toxic soil endemic to the site must be used to backfill the excavation. 
• when emptying a pool consideration needs to be given to the appropriate disposal of the water, such as disposal by a licensed liquid waste contractor. Under no circumstances should water be emptied into or be allowed to enter the following:
  • Water Corporation sewer system;
  • City's stormwater drainage system;
  • Discharged off-site.
• a below-ground pool located less than the depth of the deepest end away from boundaries may require a BA20 and/or a BA20A form to be signed by the adjoining property owner prior to the pool being removed from site.

Note:

• The City's Pool Inspector will inspect the property after the pool or spa has been decommissioned or removed.
• A decommissioned pool or spa is still listed on the City's pool register and will be re-inspected at intervals of no more than four (4) years. The pool or spa will still incur the annual pro rata inspection fee on your Rates notice until the structure has been completely removed from the property.
• If the pool or spa is to be recommissioned at any time, please contact the City's Pool Inspector to arrange an inspection to ensure a compliant safety barrier is in place prior to the pool or spa being filled with water.