Disclaimer: The relevant pool safety regulations in Western Australia are comprehensive and very detailed. This article is intended to provide an overview and summary of some of the most important regulations. Always refer to the official WA Department of Mines, Industry Regulation and Safety website or your local council for up-to-date compliance requirements. You can view the regulations in their entirety here.
Swimming pools are a great way to cool off, relax and entertain your nearest and dearest. But they also come with serious responsibilities. Western Australia, and wider Australia, has strict pool safety regulations designed to protect children, pets and vulnerable individuals from the risk of drowning incidents.
Drowning remains one of the most prominent causes of accidental death amongst young children in Australia. According to Royal Life Saving Western Australia’s Drowning Report, in the year ending June 2023 there were 29 fatal drowning incidents of people aged between 0-14, of which nearly 40% occurred at a home swimming pool. Many of these tragic incidents could have been prevented with active supervision and compliant pool fencing.
In Western Australia, all private pools and spas over 300mm deep must comply with the relevant pool safety regulations, including mandatory pool fences, self-closing gates and periodic inspections by local councils. Understanding and ensuring you follow these laws is crucial to not only avoiding fines, but ensuring the safety of your family and visitors.
In this guide, we’ll explore the pool fencing and safety regulations in Western Australia, some practical safety tips for homeowners, common compliance drawbacks and how to avoid them, as well as the role of local councils in pool safety compliance.
Understanding WA’s Pool Fencing & Safety Regulations
Ensuring your pool area is compliant with WA’s pool safety regulations is a legal responsibility for all homeowners. WA has strict fencing laws designed to prevent accidents and fatal drowning incidents, particularly among young children. Failure to comply can result in fines, penalties or even legal action.
Why Pool Safety Regulations Exist
Pool safety laws are designed to reduce the risk of drowning, particularly for children under five. Most drowning incidents in young children occur in family home swimming pools, often when supervision is lacking, or when a pool fence or gate is non-compliant.
To combat this, Western Australia has implemented legislative frameworks to govern these safety standards, under the Building Act (2011), the Building Regulations (2012) and the Australian Standards for Pool Fencing AS 1926.1 (2012). These laws ensure all pools and spa areas are secure and safe, preventing unsupervised access by young children.
Legal Requirements for Pool Fencing in WA
Some key criteria in the regulations include:
- Minimum Fence Height: 1.2 metres from ground level on the non-pool side.
- Maximum Gap Under Fence: No more than 100mm.
- Distance Between Vertical Bars: No more than 100mm apart to prevent children from squeezing through.
- Self-Closing & Self-Latching Gates: Pool gates must swing outward from the pool area and close and latch automatically when let go from any position.
- Non-Climbable Zone: A 900mm clearance zone around the fence is to be free from trees, furniture, planter boxes and other climbable objects.
- Barrier Requirements: Pools deeper than 300mm (30cm) must have a compliant safety barrier, including temporary, inflatable or above-ground pools.
Failure to comply with these regulations can result in hefty fines from your local council. To view the regulations in full, please explore the comprehensive guide here.
Who Is Responsible For Pool Safety Compliance?
As a homeowner, you are legally responsible for ensuring your pool fence, gates and barriers comply with the relevant safety regulations in Western Australia. This means regularly inspecting and maintaining your pool fencing, ensuring gates are self-closing and self-latching, as well as making sure no climbable objects are within the non-climbable zone. Staying up to date with WA’s latest compliance laws is also essential to avoid fines and non-compliance notices from local councils, who conduct periodic inspections, at minimum every 4 years, to assess pool safety compliance.
Practical Tips For Ensuring Pool Safety
Beyond ensuring your pool fencing meets WA regulations, there are additional safety measures you can take as a homeowner to prevent accidents from occurring. Maintaining a secure pool area, adding additional safety measures and enforcing supervision rules at all times contribute to making your backyard a safer place for all.
Maintaining Your Pool Fence & Gate
Keeping your pool fence in good condition is crucial for ensuring compliance in Western Australia. Homeowners should inspect their fence regularly, checking for and addressing signs of wear and tear, damage or missing panels. It is important to make sure all gates close and latch by themselves from any position. Objects such as pot plants and storage boxes should be kept out of the non-climbable zone extending 900mm from the fence. Perform a DIY inspection every six months or so, or arrange a professional to take a look over your pool area to identify any safety hazards, helping you avoid non-compliance fines.
Additional Pool Safety Features
Beyond fencing, there are additional safety measures that can be implemented to further improve backyard safety. Pool safety covers and nets provide an additional layer of protection when the pool is not in use, while also keeping debris and leaves out. Another valuable feature to consider are pool alarms, as they alert homeowners when someone enters the pool area unsupervised.
Supervision: The Most Important Safety Measure
Even with all the right fencing and safety features in place, nothing replaces active supervision. Adults should always be present when children are in or near the pool, ensuring they follow the rules and remain safe. Establishing clear guidelines, such as no running near the pool, no rough play and no diving in the shallow end can help to prevent accidents. Teaching children to practice water safety and swim with confidence from an early age provides lifelong benefits.
CPR & Emergency Preparedness
Every pool owner should have a basic understanding of CPR and first aid principles. A CPR chart can be placed near your pool area, with emergency equipment—such as a floatation device—within easy reach. Enrolling in a CPR course can be a worthwhile step for parents and caregivers, ensuring they are prepared in case of emergency.
Common Compliance Mistakes & How To Avoid Them
Even the most well-intentioned pool owners can inadvertently make compliance mistakes that compromise the safety of their pool area. Understanding these common pitfalls can help to ensure you remain compliant at all times.
Installing A Fence That Doesn’t Meet Regulations
Some homeowners assume that any fence is compliant with the regulations, but incorrect fence heights, placements, gates, wide gaps, fence angles and a host of other factors can result in non-compliance. To avoid this, it is essential to read and understand the regulations in their entirety, or work with an experienced, licensed installer.
Forgetting Regular Fence Upkeep
A fence that was once compliant can become non-compliant over time. Loose hinges, rust or a faulty latch on your gate can create risks to the safety of your family and visitors. Performing a self-check every six months is a good idea to ensure you can identify and address any faults that render your fence below Australian standards.
Leaving Climbable Objects Near The Fence
Many pool owners unknowingly place furniture, pot plants or barbeques near their pool fence, providing an easy way for children to climb over. As discussed previously, a 900mm non-climbable zone around the fence is required to maintain safety and compliance.
Assuming Temporary or Inflatable Pools Don’t Need Fencing
Pools more than 300mm deep, including inflatable and above-ground pools, require a compliant safety barrier. Before setting up a temporary pool, it is a good idea to check your requirements with your local council to ensure you remain compliant.
The Role of Local Councils in Pool Safety Compliance
The local councils in Western Australia also play a role in ensuring pool safety compliance, through their responsibility for conducting regular inspections, enforcing fencing regulations and providing homeowners with guidance on maintaining a safe pool environment.
It is essential for homeowners to understand the inspection process, their responsibilities and the consequences of non-compliance.
How Pool Inspections Work in Western Australia
Local councils conduct pool safety inspections at least every four years to ensure all pool barriers remain compliant. Homeowners must keep their fences in good condition and address any concerns raised during an inspection to ensure they are not subject to any fines or penalties.
What Happens If You Fail A Pool Safety Inspection?
If your pool fails the inspection, you will receive a non-compliance notice outlining the necessary corrections. Should your pool fail, it will be reinspected within 60 days and failing to have corrected your pool barrier will result in penalties, fines or legal action.
Conclusion
Pool safety in Western Australia is an essential responsibility for homeowners. Complying with WA’s pool fencing regulations is not just about avoiding fines. It’s about protecting lives—particularly those of young children. By maintaining a secure pool fence and ensuring active supervision, pool owners can significantly reduce the risk of drowning incidents at their home.
Regular inspections and proactive maintenance are crucial to ensuring swimming pool compliance. Whether its testing your self-closing gate, checking fence height or installing additional safety features, taking these extra steps can make all the difference. Additionally, having an understanding of CPR and first aid ensures you are prepared to act in case of an emergency or accident.
If you’re unsure whether your pool area meets Western Australia’s safety regulations, it’s always best to consult a professional contractor. TKL Contractors specialises in the installation of fibreglass swimming pools and compliant pool fencing solutions to keep your family and visitors safe.
Have you been dreaming of a backyard oasis? Get in touch with our expert service team today to discuss how we can assist you in bringing your vision to life.