Swimming Pools and Spas
Swimming Pool Construction
Swimming pool and spas that have the capacity to hold more than 300mm of water require a building permit.
Most swimming pools are exempt from the requirement for development (planning) approval. Development approval will only be required for a new private swimming pool or for the demolition of a swimming pool where the property is on the Shire of Peppermint Grove Heritage List, or on a State Heritage Register.
Swimming Pool Barriers
State Government legislation requires The Shire of Peppermint Grove (Shire) to undertake a preliminary inspection within thirty (30) days of a new private swimming pool or spa being constructed and at least one routine inspection within a four-year period to ensure that suitable barriers are in place to restrict access by young children (aged 0 -5 years) and protect against immersion incidents.
All pool barriers must be constructed in accordance with Australian Standard AS1926.1-2012 (as amended). The requirement to comply with the Australian Standard does not set aside any requirement to provide open aspect fencing in accordance with the Residential Design Codes of Western Australia (R-Codes) or Local Planning Policy 12 - Residential Fences.
The Department of Energy, Mines, Industry Regulation and Safety produce a detailed fact sheet that provides guidance on the requirements for private swimming pools and fences that form part of their safety barrier (pool fences).
From 21 June 2024, most pool fences will not require a building permit. A building permit will only be required where a pool fence:
- also acts as a fall protection barrier (ballustrade) required by the Building Code of Australia (BCA) where people could fall 1m or more; or
- is a boundary fence/wall;
- is constructed of masonry and over 0.75m in height; or
- is constructed of a material other than masonry and over 1.8m in height.
The Shire contracts the City of Nedlands to undertake swimming pool barrier inspections, assess uncertified building applications and to provide technical advice on building matters. The City of Nedlands can be contacted on 9273 3500 for further information.
Decommissioning Swimming Pools or Spas
When a pool or spa is no longer wanted, the structure will be removed by deflating, dismantling, excavating and lifting out, or complete demolition. Demolition material should be removed from site and taken to an approved disposal site – waste materials from the pool or spa removal cannot be buried on site. Any remaining excavation/holes are required to be filled with soil endemic to the site and compacted in 300mm layers.
The Shire has produced an Information Sheet - Decommissioning Pools and Spas
What constitutes decommissioning
A pool or spa is considered decommissioned when;
- It cannot hold 300mm or more of water
- Access is removed, and
- Filtration system is removed.
Some owners choose to remove access to the pool by constructing decks/covers over them. If you choose this option a building permit will be required prior to constructing the deck/cover.
Local Government Notification
When a pool or spa is decommissioned, the Shire must be notified with a photo of the pools removal provided, this can then be used to update the Shire’s pool register. This will also ensure that the property is not levied for a swimming pool charge. Once the Shire has removed the pool from its pool register the property owner will be notified.
Reinstating a Pool or Spa
Once a pool is removed or decommissioned it cannot be reinstated or recommissioned without first notifying the Shire of Peppermint Grove. A building permit application will be required if you wish to reinstate a decommissioned pool.
Further Information
The Western Australian Local Government Association (WALGA) produces a detailed best practice note Swimming_Pools_Spas_Decommission_Removal_Practice_Note_2018.pdf
The Department of Energy, Mines, Industry Regulation and Safety produce a holistic guidance document Rules for Pools and Spas
The Department of Health provide advice on Keeping your Swimming Pool & Spa Healthy