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City Of Bayswater

Swimming Pools and Spas

All pools and spas in the City of Bayswater must have Building Permit and compliant safety barriers. Safety barriers need to be compliant with the Building Regulations 2012, as amended, and the Australian Standard 1926.1 – 1993.

Pools or spas installed on or after November 5, 2001, are required to have an isolation fence. There must be an approved fence and/or gate between any door and the pool or spa area.

Pools or spas installed before November 5, 2001, are required to restrict access from the house, neighbours and road. Doors are permitted to lead directly into the pool area but must be compliant with Australian Standard 1926.1 – 1993.

Pools or spas installed before July 1992 had until December 17, 2006, to meet these (pre-November 2001) requirements. If the property was sold before December 17, 2006, the new owners were required to complete these upgrades within three months of settlement. If the property is sold after this date, the existing owners are required to complete these upgrades before settlement.

Pool inspectors have a legal right of entry onto your property to conduct inspections. Every pool and spa must be inspected so that a period of four years does not lapse between inspections.

Pool inspectors are available for inspections and consultations from Monday to Friday. Appointments can be made by contacting the City's Building department on 9272 0622.

The information provided above is intended to provide general information only. Verification with the relevant original legislation, regulations and Australian Standards is advised for a detailed reference.

Removal of spas or pools

If you choose to remove your pool/spa you must notify the City so that your inspection fee can be removed from the City’s records.
Owners wishing to remove their swimming pool or spa should use this information sheet as a guide for the minimum requirements for a safe removal.

For all swimming pools and spas to be listed as removed, a Notification of Swimming Pool/Spa Removal form must be completed and submitted to the City.

The following must be COMPLETELY removed from the site:

- Fibreglass pools
- Concrete pools
- Liner pools
- Spas
- Above-ground

Please note: if you remove a below-ground pool or spa, the City will require a compaction certificate from a structural engineer. The certificate will form part of the required information for a Building Permit application.

Please contact the City’s Building Department on 9272 0622 for more detailed information.

Pools installed before July 1992

On the March 18, 2002, Building Amendment Regulations (No.2) 2001 came into effect for safety barriers around pools installed before July 1992. The deadline for compliance with these regulations was the December 17, 2006. If a property was sold after March 18, 2002, the new owners are required to upgrade the safety barriers within three months of the settlement date to comply with the new requirements.

The requirements

All swimming pools and spas approved before July 1992 must restrict access from the roadside, neighbouring properties and from any habitable building on their property by December 17, 2006. This may be done by installing an isolation fence, or by modifying doors and windows of the house, or a combination of both.

Furthermore, gates will not longer be permitted to open towards the pool area, and must open outwards from the pool area only.

As per the Australian Standard 1926.1 – 1993:

Doors will be required to self-close and self-latch with its latch release at least 1.5m above the inside floor height. The door shall be unclimbable (security doors require a minimum metal based flywire as a backing to the grill).

Windows will be required to be permanently restricted to open no more than 100mm unless a permanently-fixed security screen is fitted.

Isolation fences must be at least 1.2m tall with no climbable items within a 1.2m clear span from the top of the fence on the outside. The fence shall have at least 1.1m between the top of the fence and the highest lower foothold. The fence shall have at least 900mm between the highest lower foothold and the lowest higher handhold. No gaps are to exceed 100mm.

Gates must open outwards away from the pool area. Generally, the gate latch release must be at least 1500mm from the floor and at least 1400mm above the highest lower rail. Consideration should be made about the location of hinges to prevent climbability.

Note - The Regulations and Standards for safety barriers are highly technical and it is recommended you use caution when modifying your barriers.  The above-mentioned details are neither exhaustive nor complete. It is also recommended that safety barrier installers be requested to ensure barriers comply with the requirements.

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