PRIVATE SWIMMING POOLS All private swimming pools, above ground pools and spas require a building licence before commencement of construction. Legislation requires that the pool be adequately fenced including self closing and latching gates. Licences and registration of a pool can be made at the Administration Office, Tom Price or at the Paraburdoo Office. The Building Surveyor will be pleased to give you advice. FENCING YOUR POOL Too many West Australian children drown in private swimming pools and too many young West Australian children suffer brain damage from near drowning brought about by prolonged submersion in water. Those children could easily be yours; your friends; or your neighbours. Such tragedies continue to occur and are of great concern to all of our community. Something had to be done. And something has been done. IMPROVED LEGISLATION FOR SWIMMING POOL SAFETY FENCES In 1993 the West Australian Government introduced improved legislation with the objective of decreasing the number of drownings or near drownings of young children in private swimming pools. Requirements for safety fencing in this State have been set by Government to ensure that there is only one set of rules for the whole State and so that pool owners are not confused by local governments each having different sets of rules as is the case elsewhere in Australia. WHY LEGISLATE The purpose of the legislation is to lessen the risk of our young children gaining unsupervised access to swimming pools on residential properties, where child drownings most commonly occur. To do this, pool owners must have a fence, or other approved barrier, which meets the standards of the building regulations made under the Local Government Act. The current regulations adopt the Australian Standard AS1926-1993 which outlines these requirements and the relevant details are available from your local Council. SWIMMING POOLS - A DEFINITION A swimming pool is defined as any excavation or structure which contains water deeper than 300 mm and is used for human aquatic activity. These structures must meet the legislative requirements. The definition of a swimming pool does not include a dam or a tank used for rural purposes or a water course, such as a stream, but does include above-ground pools such as those with sheet metal surrounds and plastic liners. WHAT ARE THE REQUIREMENTS Your fence and gate must meet requirements illustrated on this page: Gate Drawing If you are in any doubt concerning your fences or gates (if for instance you have a sloping block or unusual building site), contact the Building Surveyor at the Tom Price or Paraburdoo Offices. PERFORMANCE OF GATES 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 halfway and release. Open the gate fully and release. In all cases the gate must close and latch securely. For the sake of the children please check the gates carefully.

Existing swimming pools must be fenced so that the pool and its immediate surrounds are isolated from any neighbouring property and access to the pool from your house is restricted. A door or window from your house which leads directly to a pool enclosure is permitted, provided access for children by this means is inhibited.

A pool may also be fenced so that it is separated from the dwelling and from the rest of the property on which the pool is situated.

Where it is impractical to comply with these requirements, because of the design or construction of your swimming pool, or other special circumstances, the local Council has discretion to authorise alternative "suitable barriers" which in the opinion of the Council will restrict access to the pool by unsupervised young children.

Above ground pools which have walls higher than 1.2 metres may not require fencing, unless features such as decking, wall bracing, filters and ladders provide a means for children to climb into the pool. The wall itself may constitute a "suitable barrier". Council has the discretion to permit other "suitable barriers" if it is impracticable to comply with these requirements.

If you have any doubts about acceptability of a fence around your existing pool, please check with Council to ensure it meets the legislation.

Should your pool not comply with the legislative requirements, you will have committed an offence and are liable to a maximum penalty of $5000.

If you are convicted of this offence and still do not ensure your pool fence meets the requirements, you will be further liable to a maximum penalty of $250 per day.

Provision has also been made in the legislation for modified penalties or "infringement notices" which will allow the Council to impose "on the spot fines" where an authorised officer considers a swimming pool constitutes a danger to the public by not complying with the safety regulations.

The new legislation has not been introduced to disadvantage or penalise swimming pool owners, nor has it been introduced to stringently monitor them. (Police will not be flying over your backyard in helicopters or jumping over your fence in the dead of night!). The legislation was introduced to reduce the number of young children drowning in swimming pools, however it cannot eliminate all such drownings. The flexibility of this legislation will minimise any inconvenience to pool owners, while increasing the safety of their pools.

Although this legislation has been established by the State Government, swimming pool fencing is being regulated by your Council. Please contact the Tom Price Offices for further advice.

The following bodies have publicly supported the improved legislation:

	Health Department of Western Australia.
	Department of Local Government. Australian institute of Building Surveyors. Ministry of Consumer Affairs.
	Environmental Health Branch, Health Department of Western Australia.
	Princess Margaret Hospital.
	Ministry of Sport and Recreation.
	Swimming Pool and Spa Association of Australia Limited.
	Western Australian Municipal Association.
	Child Accident Prevention Foundation of Australia.
	Australia Federation of Consumer Organization.