Swimming pool fences
Royal Life Saving Society Australia's Drowning Report 2001 states "drowning remains the major cause of preventable death in children under five years of age." Between 1997 and 2001, the report indicates that nine children drowned in this age group in Western Australia. Of the nine deaths that occurred in 2001 in the under five age group, two thirds occurred in home swimming pools.
There are laws in Western Australia about the fencing of swimming pools to prevent, as far as possible, further cases of drowning.
Fencing law
For the purpose of fencing laws, a "swimming pool" is a place or premises for the purpose of swimming, wading or like activities on private property, containing water that is more than 300 millimetres deep. Spas, wading and bathing pools that hold more than 300 millimetres of water are considered to be swimming pools.
Construction of barrier fencing surrounding swimming pools is governed by the Building Regulations 1989 and enforced by local government. The fencing laws generally involve restricting access to swimming pools from either outside the property or from within buildings on the property.
By December 2006, all swimming pools installed before July 1992 must have either:
- all doors and windows to the pool area complying with AS 1926.1; or
- isolation fencing that complies with AS 1926.1.
If you are sold a property that has a swimming pool installed before July 1992 that does not comply with either of the above standards, you will have three months from the date of the transfer of title to comply with the requirements.
Contact the relevant local authority for more information about the fencing requirements in your area.
Question and answer
Q: I've just inspected a house with a swimming pool. What sort of things should I consider before I put in an offer to purchase?
A: If the swimming pool does not comply with legal fencing requirements, you may incur unexpected costs. You could do the following.
- Include a condition on the Offer and Acceptance that the owner is responsible to provide either:
- doors and windows to the swimming pool that comply with AS1926.1; or
- isolation fencing that complies with AS1926.1.
- Ring the relevant local authority for information about the specific requirements for fencing of swimming pools and whether any levies on rates apply to pool owners for inspections to be carried out.
Q Now that I've bought/built a house, I want to put in a swimming pool. Where can I get information about what is required?
A: Ring the relevant local authority for information about the specific requirements for swimming pools, including:
- the requirements for safety barriers, including its height, distance from any nearby climbable objects and specific
- requirements for gates or fences;
- the impact of any garage close to the proposed location of the swimming pool;
- the cost of a building licence; and
- the amount of any levies on rates for pool owners so that pool inspections can be carried out.