The Building Regulations 2012 (the Regulations) requires all private swimming and spa pools that contain water that is more than 300mm deep to have a compliant safety barrier installed that restricts access by young children to the pool and its immediate surrounds.

In Western Australia, there are two sets of safety barrier requirements depending on when the private swimming pool was installed or when plans for the installation of the pool were submitted to the permit authority for approval.

Generally:

• Post 1 May 2016 private swimming pools are required to have safety barriers that comply with the edition of the Building Code of Australia (BCA) currently in effect. The BCA references AS 1926.1:2012 (Safety barriers for swimming pools) and AS 1926.2:2007 (Location of safety barriers for swimming pools) incorporating amendments 1 and 2;
• Pre 1 May 2016 private swimming pools can continue to comply with their existing requirements under the Regulations or alternatively comply with the new requirements (that is the BCA).

Building and Energy has produced the following publications to assist swimming pool and spa owners to understand the barrier requirements for swimming and spa pools:

Publications for consumers

• Rules for pools and spas – May 2016
• Rules for portable pools – August 2018
• Thinking of installing a swimming pool or spa? (obtaining building approval) – September 2016
• Swimming pools and spas: electrical bonding – August 2018
• Danger – Swimming pool under construction – November 2018
• Do not pin the gate open - December 2018

Publications for practitioners

• Industry Bulletin 72 – Notice of completion - inspections and tests
• Industry Bulletin 67 – Building Amendment Regulations (No. 2) 2016 (swimming pool barriers)
• Industry Bulletin 64 – Changes to swimming pool barrier laws

Reports

• Progress report – Local government’s four yearly inspections of private swimming pool safety barriers 2017/18 – September 2018
• Ombudsman WA Investigation into ways to prevent or reduce death of children by drowning – November 2017

Recalls

In 2018 the following information on the recall of unsafe pool gate latches has been released:

• Non-compliant swimming pool gate latch assemblies
• Recall of unsafe pool gate latches that pose a drowning risk for children

In April and May 2016, DMIRS held a number of information sessions on the changing requirements for swimming and spa pool safety barriers. An adaption of these presentations is available to view online:

For specific advice as to whether your swimming or spa pool barrier complies with the requirements, please contact your local government. Contact details are available on the Department of Local Government, Sport and Cultural Industries website.

Go to the Department of Local Government, Sport and Cultural Industries website http://www.dlgsc.wa.gov.au

The BCA is now freely available via the Australian Building Codes Board (ABCB) website.

Go to the ABCB website http://www.abcb.gov.au

The Building Act 2011 and the Building Regulations 2012 contain laws related to swimming and spa pools and can viewed on the Parliamentary Counsel's Office website.

Go to the Parliamentary Counsel's Office website http://www.legislation.wa.gov.au

Copies of Australian Standards can be purchased from SAI Global.

Go to the SAI Global website http://www.saiglobal.com

Specific information on portable pools can be found on the 'Portable swimming pool safety' webpage.

Go to the Portable pools webpage www.dmirs.wa.gov.au/portable-pools

Consumer Protection 'Don't Duck Out – Make it Safe' campaign

Go to the 'Don't Duck Out – Make it Safe' https://www.dmirs.wa.gov.au/makeitsafe/

Product safety recalls from ACCC – Product Safety Australia.

Go to the ACCC – Product Safety Australia website www.productsafety.gov.au/recalls