WA- Building Amendment Regulations 2023
From 21 December 2023, new laws in Western Australia implement reforms arising from the review of private swimming pool and safety barrier requirements. These laws have the subject of extensive consultation with industry and local governments including SPASA as a key industry stakeholder.
The Building Amendment Regulations 2023 (Amendment Regulations) are designed to improve, clarify, and update the requirements for private swimming pools and safety barriers in response to recommendations from the Ombudsman’s report Investigation into ways to prevent or reduce deaths of children by drowning (November 2017) and decisions from the Government’s Decision Paper – Swimming Pool and Safety Barrier Control (April 2021).
For detailed information on reforms, members should download and carefully review: Industry Bulletin 158.
SPASA is grateful for the opportunity to advocate via various submissions and meetings with Building and Energy on sensible and practical reforms that lift the safety and proficiency of the swimming pool and spa industry, including reducing pool barrier construction red tape and allowing for workable options, where practicable.
Reforms
The Amendment Regulations introduce significant changes to the Building Regulations 2012 (Regulations) that will impact the swimming pool and associated industries, including:
Spa baths: amended definition of private swimming pool.
Boundary barriers: alternative compliance option (ability to use of the non-pool side of a boundary
barrier where it is at least 1200mm in height)
Specified building standards: clarification of access of buildings within, or which forms part of a
pool barrier.
Clarification on owner and builder responsibilities for safety barriers: clarifies responsibility of builder whilst pool is under construction and pool owner when pool is complete.
Modified building permit exemptions: removes the building permit requirement for construction, assembly or placement of a fence forming part of a safety barrier to a swimming pool, aligning requirements for all types of fencing.
Initial inspection of safety barrier to new swimming pools: requirement of initial inspection within 30 calendar days of the local government becoming aware of a new swimming pool or one that has never had a safety barrier inspection.
Reinspection of non-compliant safety barriers: a reinspection is to be arranged for non-compliant barriers within a maximum period of 60 calendar days.
Charges imposed for ongoing safety barrier inspections: maximum annual charge has increased from $58.45 to $78.
Local government reporting to the Building Commissioner: Local governments are required to report annually to the Building Commissioner to demonstrate progress with the four-yearly safety barrier inspection program.
Commencement of the amended Building Regulations
To allow sufficient preparation time for industry to make the necessary administrative and resourcing arrangements, and for updated information to be provided to the public, the bulk of the amendments will commence operation on 21 June 2024 (6 months after publication on the Western Australian Legislation website).
With relevance to the swimming pool and associated industries, the provisions that will commence immediately following publication, on 21 December 2023 are Boundary barrier alternative compliance option.
IMPORTANT CONSIDERATIONS:
Industry Bulletin 158
Members should carefully review detailed information contained within Industry Bulletin 158
Work, Health, and Safety
Members are reminded of the importance of continuing to comply with work health and safety legislation during construction, in particular the requirement to protect people from harm to their health, safety and welfare as far as practicable, which includes ensuring that the construction site is secure from unauthorised access, such as that of young children.
Constructed and Completed Pools
Members should ensure that:
Pools under construction: a pool under construction must install necessary safety elements introduced to prevent any unauthorised entry. E.g. AS 4678.4:2022 Temporary Fencing and Hoarding – Temporary Swimming Pool Fencing.
Note: Construction site work conditions and processes are complex and dynamic in nature and the working landscape changes as the project progresses. So do the risks, hazards, maintenance, and review of control measures.
During the construction of a swimming pool and/or spa, members should ensure that temporary barriers used comply with Australian Standard AS 4678.4:2022 Temporary Fencing and Hoarding – Temporary Swimming Pool Fencing or other control measures such as ‘over pool timber structures.’
Completed Pools: completed pools must comply with AS1926.1: 2012 Swimming Pool Safety – Safety Barriers for Swimming Pools
Note: The Amendment Regulations clarify that the requirement for owners to provide a safety barrier to a private swimming pool containing more than 300mm of water only applies to a ‘completed’ swimming pool and does not apply to pools under construction.
Members should take care to comply with building legislation, in particular compliance with building permits and applicable building standards at the time of completion of building work.
Members are reminded that failure to secure a construction site may result in enforcement action by WorkSafe and/or local governments (for example through building orders).
Non-pool side boundary barrier option
Caution needs to be exercised when considering the use of the new non-pool side boundary barrier option between two adjoining private properties.
Compliance on the non-pool side relies on the adjoining property side of the boundary barrier, which is not typically within the control of the owner of the swimming or spa pool, and as such may be difficult to achieve and maintain.
The use of the non-pool side of the boundary barrier is better suited where it abuts a verge, park, public land, or where the pool is on the high side of a significant retaining wall, or similar circumstances, where the owner has more control and/or where compliance can be more easily maintained.
Where the non-pool side option does not comply for whatever reason the pool side option must be used.
Members should be proactive in advising pool owners that while a non-pool side option may be available at time of inspection, it may become non-compliant later and if this occurs the four yearly inspections are likely to require modification to the fence.
For more information:
Spiros Dassakis
Chief Policy Officer
Email: spiros@spasa.com.au