Swimming Pools and Spas

Pool safety and inspections

The state government has introduced mandatory requirements for pool and spa inspections. Local governments are required by law to carry out mandatory pool and spa inspections.

  • New swimming pool or spa barriers must be inspected within 30 days of completion. 
  • Non-compliant swimming pool or spa barriers must be reinspected within a maximum of 60 days of the previous inspection.
  • Swimming pool or spa barriers must be inspected at least once every four years. The subsequent inspection fee is covered in your annual rates notice. 
  • Penalties for a non-compliant safety barrier are up to $5,000 under the Regulations.

Please contact the Regulatory Services team by email at admin@eastfremantle.wa.gov.au to arrange a new safety barrier inspection.

Regulations for swimming pool and spa safety barriers 

In WA, all private swimming pools and spas that contain water more than 300mm deep must have a compliant barrier installed that restricts access by young children.  Inflatable/portable pools are not exempt from this mandatory requirement.

Owners and occupiers are responsible for ensuring the safety barrier is installed, maintained and operating effectively in compliance with current building standards at all times. If you do not comply with the Regulations, you risk the lives of young children and may face substantial fines.

Pools that are not considered to be private swimming or spa pools are controlled under the Health (Aquatic Facilities) Regulations 2007. More information can be found in the Code of Practise for the design, operation, management and maintenance of aquatic facilities. 

Penalties

Under the Building Regulations 2012, the Town can issue an infringement of $1,000 to the owner or occupier of a property for failure to provide a safety barrier around a private swimming pool or spa. In addition, a fine of $5,000 can be imposed by the Magistrates Court if owners/occupiers are successfully prosecuted by the Town. 

Decommissioning/removing a Pool or Spa 

A decommissioned swimming pool/spa is defined as no longer being used and will not contain water more than 300mm deep at any time. The pool/spa owner must follow these steps, as a minimum:

  • pool/spa shell structure is removed completely from the property if above ground; or
  • pool/spa shell is structure is removed completely and backfill if below ground. You need to obtain a compaction certificate for the backfill; or 
  • pool shell remains, however will require two sizeable holes (minimum size of 1m x 1m each), one in the base of the pool or spa at the deepest end to ensure the pool or spa can no longer retain water  

You must notify the Town in writing by letter or email the pool/spa has been decommissioned or removed.

An inspection will be conducted by the Town's Building Surveyor. For associated inspection fees, please refer to the Town of East Fremantle Fees and Charges 

Further information 

Building Amendment Regulations 2023

Building Regulations 2012 (the Regulations)

Rules for Pools and Spas - a simple checklist

Code of Practice for the design, operation, management and maintenance of aquatic facilities.