In 2018 Building and Energy commenced a significant regulatory review in response to recommendations made in a report tabled in 2017 in Parliament by the Ombudsman WA – Investigation into ways to prevent or reduce deaths of children by drowning.

This review was finalised in April 2021 with the public release of the Swimming Pool and Safety Barrier Control – Decision Paper. These decisions comprised proposed amendments to the Building Regulations and non-regulatory measures such as educate and provide guidance to local governments, industry and consumers.  

The Building Amendment Regulations 2022 implement relevant recommendations from the Decision Paper to improve, clarify and update requirements for private swimming pools and safety barriers.

The Amendment Regulations will make the following reforms to the swimming pool and safety barrier requirements in the Building Regulations:

• Amending the definition of ‘private swimming pool’ to put beyond doubt that ‘spa-baths’ are excluded from the regulatory requirements. 
• Modifying the building standards to provide an alternative compliance pathway for boundary barriers. 
• Modifying the technical compliance requirements applicable to swimming pool safety barriers to address inconsistences and provide for seamless future adoption of updated BCA editions.
• Amending the way compliance of safety barriers for new swimming pools is controlled.
• Introducing mandatory re-inspections of non-compliant safety barriers and amending the inspection charge to include the estimated costs of those re-inspections.
• Increasing the prescribed maximum annual safety barrier inspection charge to ensure it is more cost reflective.
• Introducing a mandatory requirement for local governments to provide data annually to Building and Energy on the progress of their four-yearly inspection program. 

How to have your say

Building and Energy is seeking feedback on the operation of the draft Building Amendment Regulations 2022, open for public consultation until Tuesday 25 October 2022. 

An Explanatory Statement has been prepared to assist the reader of both documents to understand the policy intent of relevant regulations and to provide feedback on their operation. The Explanatory Statement should be read in conjunction with the Amendment Regulations and the Act, with reference to the Decision Paper.

These three documents can be accessed above.

If you have any questions, please contact PoolReview@dmirs.wa.gov.au