All private swimming pools (above & below ground) and spas with water that is more than 300mm deep requires a building permit prior to installation, as well as an approved barrier, which is required to comply with the Local Government (Miscellaneous Provisions) Act, Building Regulations and associated Australian Standards.
Barrier Fencing Requirements
Too many Western Australian children drown in private swimming pools or suffer brain damage from near drowning brought about by prolonged submersion in water. Those children could easily be yours, your friends or relatives.
Such tragedies continue to occur and are of great concern to our community. Requirements for safety fencing in this State have been set by the State Government and enforced by the Shire of Ashburton.
Your barrier fence and gate must meet the requirements as determined by the building standards, as detailed under Building Act 2011 and in regulation 31C of the Building Regulations 2012.
Even in gusty winds all gates must have efficient self-closing/latching mechanisms. The following test is a reliable indicator to gate efficiency:
- lean on the gate (about the same force you could expect the body of a young child to exert);
- rattle the gate while leaning on it to ensure the gate remains latched;
- open the gate as far as the width of an adult fist and release – check it automatically closes and latches;
- open the gate half-way and release; and
- open the gate fully and release.
- Rest the gate latch onto the latching mechanism, if this does not pull the latch in then it has failed.
In all cases the gate must close fully and latch securely. For the sake of your child, please check the gates carefully.
Obtaining a Building Permit
When applying for a building permit, you as the applicant can choose to submit either a certified (BA1) or uncertified (BA2) application for a pool or spa and its safety barrier.
The application must be accompanied by:
- A site plan identifying the location of both the pool/spa and the required barrier on the property;
- All required certified engineered drawings (floor plans, elevations, footing details );
- Specification drawings of the pool/spa, barrier fence and gate latch.
Inspections
The Shire is required to complete a mandatory inspection of the barrier fence upon approval and installation of a swimming pool or spa prior to the swimming pool or spa being filled with water. The Shire will then be required to complete a minimum of one mandatory inspection ever four years.
When a barrier inspection is required, the Shire will notify the Occupiers and Owners by mail. It is the responsibility of both the landowner and occupier to ensure their swimming pool or spa barrier fence is compliant at all times. Failure to provide compliant fencing may result in a fine being issued to the landowner and occupier.
For further information on pool and spa compliance, please see the ‘Rules for Pools and Spas’ booklet on the Building Commissions website - Rules for pools and spas | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au)
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