Swimming Pools, Barriers & Spas

Swimming Pool Barriers

Swimming Pool Barrier Declaration Form

 The Shire of Chittering would like to advise that there has been changes made to the Western Australian Building Regulation concerning swimming pool barriers.

In summary, the following will apply:

• All domestic swimming pools constructed within the Shire of Chittering require a permanent swimming pool barrier compliant to AS1926.1-2012 and AS1926.2-2007.
• Within 30 days of the completion of the construction of a swimming pool an officer from the Shire of Chittering will inspect the permanent swimming pool barrier and issue a compliance certificate when compliant.
• A Building Permit Application is now not required for the construction of a swimming pool barrier. However, any swimming pool barrier that is constructed must comply with AS1926.1-2012 and AS1926.2-2007. Also, the Shire of Chittering must be notified within 30 days of the completion of the construction of a swimming pool barrier. The Shire of Chittering will inspect the permanent swimming pool barrier and issue a compliance certificate when compliant. Fees will apply.
• Failure to construct or non-compliance of a swimming pool barrier can result in an immediate $1,000.00 fine.

When purchasing a swimming pool, you may choose to build your own swimming pool barrier. If this is the case the swimming pool construction company will be asked to provide to the Shire of Chittering a signed declaration from the owner that a compliant swimming pool barrier will be constructed. (Attached)

Construction of a swimming pool barrier that is compliant can sometimes be difficult to achieve. Although a Building Permit Application is now not required it is recommended that a basic site plan and details of the proposed swimming pool barrier be provided to the Shire of Chittering Building Surveyor for comment prior to the purchase of materials and construction. This will reduce the possibly of the swimming pool barrier being non-compliant when it is inspected by an officer of the Shire of Chittering. Non-Compliance could require changes that are costly and time-consuming.

To reduce the risk, a builder may choose to submit a Building Permit Application for a swimming pool barrier. The fees for a Building Permit Application will include the inspection and the issuing of a Compliance Certificate when Compliant.

If you have further questions, you can contact our Building Surveyor on 9576 4600 or email chatter@chittering.wa.gov.au. 

What needs a swimming pool barrier?

Any vessel excavation or structure containing more than 300mm depth of water and principally used for swimming, wading, paddling, or the like, is required to have a compliant swimming pool barrier.

Including:

• Fixed Spa
• Transportable Spa
• Below Ground Swimming Pool
• Above Ground Swimming Pool
• Swimming Pond
• Transportable/inflatable swimming pool

But does not include:

• A dam, creek or other water used for stock.
• A spa bath. This is typically located within a bathroom and only filled immediately prior to being used then drained after each use.

A Fixed Spa requires a Building Permit Application in the same manner as a Swimming Pool.

A transportable Spa does not require a Building Permit Application. However, it does still require a compliant swimming pool barrier.

Whether a Building Permit Application is required or not, every swimming pool barrier constructed is required to be inspected for compliance by an officer from the Shire of Chittering.

Upon completion of the swimming pool barrier the owner is to immediately notify the Shire of Chittering. An officer will inspect the barrier for compliance within 30 days. When compliant, a certificate of compliance will be issued by the Shire of Chittering. Fees apply.

Swimming Pool Barriers must comply to Western Australia Building Act 2011, Building Regs 2011 and amendment 2024, AS1926.1-2012, AS1926.2-2007

Swimming Pool Inspections

The Shire of Chittering undertakes four yearly inspections of all swimming pools on properties in gazetted Townsites (Bindoon & Muchea). 

Our Building Surveyor inspects the condition of the following:

• Swimming pool gate
• Swimming pool fence
• Objects around the swimming pool fence
• Skimmer boxes

To do a self assessment you can use the Home Pool Safety Checklist as provided by Royal Life Saving or visit Home Pool Safety for more information.

If you have further questions, you can contact our Building Surveyor on 9576 4600 or email chatter@chittering.wa.gov.au. 

Removal of a Swimming Pool or Spa

An above or below ground swimming pool that is completely removed and if it is a below ground pool, the hole is filled in. This pool can be removed from the Shire register and an inspection fee will no long be charged.

Decommissioned Pool or Spa
Where the property owner empties a swimming pool or spa of water, but leaves the shell or structure in place, it is considered by the Shire of Chittering to be a decommissioned swimming pool or spa.

All private swimming pools and spas containing water more than 300mm deep must have a compliant safety barrier.

A decommissioned swimming pool or spa would no longer need to meet these requirements provided it continued to hold water less than 300mm deep. However, unless steps are taken, during the winter months a decommissioned swimming pool or spa can capture rainwater to a depth exceeding 300mm and will therefore require a compliant safety barrier in place.

Therefore for a swimming pool or spa not to hold rainwater the Shire recommends the following:

• Holes punched through the bottom of a hard shell at the lowest point; and/or
• Removal of the flexible liner for framed pools. When emptying a swimming pool or spa of water, consideration needs to be given to the appropriate disposal of the water. The Shire recommends disposal by a licensed liquid waste contractor. Under no circumstances should water be emptied into or be allowed to enter into the following:
• The sewer system;
• Shire of Chittering stormwater drainage system;
• Discharged off-site.

The property owner also needs to be aware of the following issues that can affect a decommissioned swimming pool or spa:

• The potential to hold water to a depth greater than 300mm;
• An unfenced below ground pool or spa is a potential hazard for trips and falls;
• The potential to be breeding ground for mosquitoes.

A decommissioned swimming pool or spa is still listed on the Shire of Chittering’s register and will be reinspected at intervals of no more than four years. The swimming pool or spa will therefore still incur the annual part inspection fee on your Rates notice until completely removed from the property.

Should the property owner wish to recommission their swimming pool or spa at any time then they must ensure a compliant safety barrier is in place prior to the swimming pool or spa being refilled with water.