pools, spas & safety barriers
What is a swimming pool?
A swimming pool is any structure used for swimming, paddling, wading or the like, and has the capacity to hold 300mm or more of water. This includes above/below ground pools, inflatable/portable pools, above/below ground spas and bathing/wading pools. Swimming pools and spas that contain more than 300mm of water are required to be isolated with a compliant pool safety barrier.
Portable/inflatable Swimming Pool/Spas are required to provide a compliant safety barrier for water more than 300 mm deep. This may include inflatable, paddling, portable and small plastic pools.
Obligations of owners/occupiers and builders
Completed swimming pool/spas
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.
It is the owner that must ensure a private swimming pool/spa that contains water more than 300mm deep has a compliant safety barrier restricting access installed or provided around the pool under regulation 50(2) of the Building Regulations (the Regulations). The owner should schedule an inspection of the private swimming pool safety barrier after completion of the pool containing water.
The City of Vincent is required to inspect private swimming pool/spas safety barriers upon notification of completion of the swimming pool/spa to ensure it complies with the Australian Standards and the Regulations.
After the initial compliant Swimming Pool/Spa Safety Barrier inspection, the City is mandated to inspect once every 4 years to check compliance with the Regulations 2012 and Australian Standards.
Pools under construction
Regulation 50 of the Building Regulations stipulates completed swimming pools (City receives a BA7 – Notice of Completion) are required to be inspected by Local Governments. While the site is under the control of a builder it is within the jurisdiction of Work Health and Safety Laws. No inspection required.
Swimming pool/spa safety barriers
Building permits are not required for new private swimming pool/spa safety barriers (with some exceptions listed below).
When a permit is required
Under the Building Act 2011, a building permit is required for:
- Swimming pools, including portable/inflatable pools.
- Spas
A building permit must be obtained from the City before the installation or construction of a pool/spa.
You will need to apply for a building permit to construct fences that would form part of a safety barrier if they:
- also act as a fall protection barrier (balustrade), or
- are not constructed in accordance with a relevant local law, or
- are constructed of masonry and over 0.75m in height, or
- are constructed of a material other than masonry and over 1.8m in height.
For more information, please see the fact sheet from the Department of Energy, Mines, Industry Regulation & Safety.
Alternatively, please contact the Building Services team on (08) 9273 6000 or email [email protected].
Are there other approvals required?
If your swimming pool or spa is located within the front setback area of the property, and your pool safety 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.
Safety barrier standards
The standards applicable for the swimming pool/spa safety barrier is dependent upon the date of approval for the swimming pool/spa.
- AS 1926.1 – 1993 – Fencing for Swimming Pools
- 1 – 2012 Safety Barriers for Swimming Pools
- AS 1926.2 – 2007 Swimming Pool Location of Safety Barriers
- Building Regulations 2012
November 2001 & Pre-May 2016
Pools or spas installed on or before 5 November 2001 must not include a door as part of the safety barrier unless the door restricts access to the private swimming pool/spa. Doors are permitted to lead directly into the pool area but must be compliant with the Australian Standard 1926.1 - 1993.
Pools or spas installed on or after 5 November 2001 are required to have an isolation fence and an approved fence or gate between any door and the private swimming pool/spa area.
A private swimming/spa pool installed installed on or after 1 May 2016 complies with
- Australian Standard AS 1926.1-1993 Part 1: Fencing for swimming pools [incorporating Amendment No. 1 only] (AS 1926.1-1993).
Owners of pre-May 2016 pools have the option of complying with the post-May 2016 requirements if they so choose.
Post-May 2016
Private Swimming Pool/Spas approved after 1 May 2016 require the safety barriers to comply with
- the Building Code of Australia (BCA);
- Australian Standard AS 1926.1-2012 – Part 1: Safety barriers for swimming pools (AS 1926.1-2012) and
- AS 1926.2-2007 – Part 2: Location of safety barriers for swimming pools [Incorporating Amendment Nos 1 and 2] (AS 1926.2-2007) as the minimum technical requirements that apply to the safety barrier.
An isolation fence must have an approved fence or gate between any door and the private swimming pool/spa or spa area (no door is allowed to lead directly into the pool area). Windows may be used providing they comply with the requirements of AS 1926.1-2012.
Safety Barrier Guides
DEMIRS has guides that can help home owners/occupiers with compliance of private swimming pool/spa safety barriers in areas such as boundary fences, non climbable zones and gates/safety barrier requirements. Guides are below:
Further information can be found - Swimming pool and spa safety barrier requirements
Types of Inspections
Owners and occupiers will be sent correspondence when their Swimming Pool/Spa Safety Barrier is to be inspected.
Regulation 53(1) of the Building Regulations 2012 Mandate inspections of no more than 4 years of private swimming pools/spas
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Non Compliant Safety Barriers
Regulations 53(2)(b) Building Regulations 2012 – non-compliant safety barriers must be re-inspected within 60 days after day of inspection.
If your private swimming pool/spa safety barrier is deemed non-compliant, we will work with you to ensure the safety barrier is modified or improved to comply with regulations and standards.
Regulations 53(2)(a) Building Regulations 2012 – safety barrier to new private swimming pool or a safety barrier that has never been inspected must be inspected no more than 30 days after the City becomes aware of the uninspected pool safety barrier.
If you are planning to install a swimming pool/spa on your property, you can book a preliminary inspection to talk through the safety barrier requirements on the proposed area intended for the swimming pool/spa.
Penalties
Under the Building Regulations 2012, the City can issue an infringement of $1,000 on the owner or occupier of a property for a failure to provide a pool safety barrier around a private swimming pool or spa. In addition, a fine of $5,000 can be imposed by the Magistrates Court if owners/occupiers are successfully prosecuted by the City.
Book your inspection
We inspect pool and spa barriers to help keep our community safe. Any pool or spa with water more than 30cm deep needs a barrier around it. Barriers must comply with the Building Regulations 2012 and Australian Standards to ensure they are safe.
If you own or live in a house with a pool or spa, you will receive a letter or email to let you know when an inspection is needed. To book an inspection at a time that suits you, please use our online booking system below.
Book your inspection
Swimming Pool/Spa Inspection Fees/Levy
Initial Fee
An initial inspection fee of $218 will be incurred once the City receives a BA7 (Notice of Completion) or when the City received notification of completion. The owner will be sent correspondence that the Swimming Pool/Spa Safety Barrier inspection is due along with an invoice for the fee.
Annual Levy
A Swimming Pool levy will be added to rates once the initial Swimming Pool/Spa Safety Barrier Inspection has been completed. The levy is broken up into each year on the rates.
The yearly rate is $62.
All re-inspections are incorporated into the fees.
The charge is payable by each pool owner regardless of whether an inspection was carried out on their property in that year.
Decommission/removing a private swimming pool/spa
A decommissioned swimming pool/ 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.
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.
If the pool or spa is in excess of 40m2 in area, an Application for a Demolition Permit (BA5) is required.
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.
The City's Pool Inspector will inspect the property after the pool or spa has been decommissioned or removed.
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.
A compliant safety barrier is not required while the pool or spa is decommissioned/removed.
A pool or spa will be removed from mandatory inspection once the pool or spa is confirmed to be removed and the inspection levy will be removed from the rates. If the pool is only decommissioned (water removed), the pool will be kept on the mandatory list to be reviewed for inspection.