Legislation in Western Australia
The following pieces of Legislation in Western Australia provide for or reference standards that stipulate the requirements of swimming pool and spa barriers:
-
Local Government (Miscellaneous Provisions) Act 1960 (the “Act”)
-
Building Regulations 1989 (the “Regulations)
-
Australian Standard 1926.1 – 1993; Fencing for Swimming Pools (the “Standard)
Swimming pools covered by the legislation
The Act and Regulations applies to all swimming or spa pools on residential land, and requires that a barrier enclose such pools to limit the opportunity for unsupervised access to the swimming or spa pool by young children.
If the structure contains water to a depth of 300mm or more and is meant for swimming, wading, bathing or like activities that the public does not have access to, then the structure is required to have a barrier installed. A portable wading pool that is capable of being filled with water to a depth of no more than 300mm does not need to have a barrier.
What are a pool owner’s statutory obligations?
Legislation in Western Australia requires the owner or occupier of a property with a domestic swimming or spa pool to install or barriers around the structure for the protection of the safety of young children who may enter that area with or without the knowledge or consent of the owner/occupier.
Owners or occupiers are required to maintain the barrier in such a condition that it functions at all times according to the location, design and construction Regulations and Standards of Western Australia.
What are the obligations of a Local Government?
Under relevant Building Codes and Regulations persons installing a swimming or spa pool structure are required to register and receive approval for its installation, through Local Government. The approval process not only ensures that any structural requirements are satisfied but also ensures that the structure is registered with the Local Government so periodic inspections of the installed barrier can occur. The Act requires Local Governments to inspect the installed barrier for compliance to Legislation and Standards in a period not exceeding 4 years.
The Local Government may appoint an authorised person to undertake the inspections and this person has the power to enter a property to inspect the barrier and strucutres, irrespective of whether notice to do so has been provided to either the owner or occupier.
If the authorised person finds parts of the barrier to not comply with the requirements, they may issue a notice to the owner or occupier that provides detail of improvement to be made and the specified time in which the improvements must occur.
If, at the expiration of the period specified in the notice neither the owner nor the occupier of the land has completed in the improvements the authorised person may enter upon the land and take measures they consider necessary in order to prevent the swimming pool from being a danger to the public. The costs of taking those measures may be recovered by the local government from the owner or occupier by action in a court of competent jurisdiction.
What are the penalties for non-compliance?
The ultimate penalty may be one that is self-imposed and lasts forever, with the drowning and subsequent death of a young child.
However, under the Act and Regulations adopted in Western Australia monetary penalties have been provided for non-compliance and range from infringements issued by Local Government to Court imposed penalties if:
Penalties
-
A pool owner/occupier who fails to comply with a defects/compliance notice risks the commencement of legal proceedings, a maximum penalty of $5,000 and penalty of $250.00 for each day until the barrier is again deemed to comply.
Printer
Friendly View
