24 November 2017

As summer approaches it’s time to check that the pool or spa at your rental property conforms to safety requirements.  The pool or spa must have appropriate safety barriers according to the  building laws enforced by local government and the residential tenancy laws.

The law requires that private swimming pools are secured by isolation fencing and have correct locking mechanisms on gates.

Under the Building Regulations, a private swimming pool is one that is associated with a dwelling and which has the capacity to contain water that is more than 300 mm deep. This can include spa-pools such as jacuzzis and outdoor hot tubs.

While you and your tenants are both responsible for ensuring that any fence or barrier restricting access to a private swimming pool is maintained and operating effectively, it is ultimately your responsibility to ensure barriers are adequate for any pools/spas provided with the rental premises.  If the legal requirements are not complied with, not only are the lives of young children put at risk, but you could face substantial fines.

The Building Commission has developed a comprehensive guide to pool and spa fencing called Rules for pools and spas.  This is a general guide only and it is your local government authority which can provide advice as to whether a specific swimming pool or spa barrier complies with the requirements.

A concessional treatment is available for those properties with private swimming pools that were constructed, installed or approved prior to 5 November 2001.  The concessional treatment allows a wall that includes a door to be used as part of the barrier providing the door complies with Australian Standard AS 1926.1 - 1993 incorporating Amendment no.1. 

This concessional treatment however provides an additional risk for things to go wrong in rental properties.  All access points to the pool area must be maintained in perfect working order. 

In 2013 a toddler died in Kalgoorlie because the sliding door to the backyard was not compliant, and the child was able to open the door and gain access to the pool.  The security sliding door which had formed part of the pool safety barrier had been removed, leaving only the non-compliant glass sliding door.

From the 2017 Western Australian Ombudsman Investigation into ways to prevent or reduce deaths of children by drowning, over a six-year period, 34 children died by accidental drowning.  Additionally, 258 children were admitted to hospital and 2,310 children attended an emergency department in respect of non-fatal drowning incidents. Private swimming pools were the most common location of fatal and non-fatal drowning incidents. Most fatal drowning incidents in private swimming pools occur where there is no barrier or a faulty barrier between the residence and the swimming pool area. It is clear that there is a strong need to be vigilant to the dangers of private pools in Western Australia.

Guidelines for landlords

Prevent an accidental drowning occurring on your rental property by following these guidelines:

• Respond appropriately to information you receive from your local council that your pool barriers do not comply with the Building Act 2011 and the Building Regulations 2012. 
• Obtain a building permit from the local council prior to installing, constructing or altering private swimming pool barriers, including windows, doors and gates that provide access to the pool area.
• At the start of the tenancy provide the tenant/s with either a Form 1AC Information for Tenants or Form 1AD Information for Tenant with Non-written Tenancy Agreement. Discuss the information regarding pools in these documents with the tenants, ensuring they understand their responsibility to report any pool issues swiftly.
• Include in the lease agreement advice that the tenant must obtain your permission to erect any pool over 300mm and that if approved they would be required to provide regulation fencing.  
• Carry out regular maintenance of the pool safety barriers.
• Respond to maintenance requests promptly.   Repairs to the pool barrier are urgent. Tenants have the right to authorise urgent repairs if unable to contact you within 48 hours of the need for urgent repairs arising, or, if the repairs were not organised as soon as practicable after notification. Further information is available at our webpage Urgent repairs in a rental home.
• During property inspections check that pool fencing, gates, latches and posts are operating as they should. 
• During property inspections check for any objects that can be climbed on, such as garden furniture, are being kept away from the pool and spa fences, gates and latches. 

Portable pools

Pool fencing laws also apply to portable pools and spas 300mm deep or more.  

Tenants may purchase a portable above-ground or wading pool, or outside spa, even though it may be a term of the tenancy agreement that the tenant does not install a swimming pool or spa without the consent of the owner.  

If you become aware of a portable pool during an inspection, respond accordingly. If the pool can hold water deeper than 30 cms request it is emptied immediately.

If the pool holds less than 300 mm of water discuss the dangers with the tenant.  Remind them that they should completely empty portable pools after use and store them away securely.  If pools are left out they can fill up with rain or sprinkler water which could prove to be a fatal mistake.

Do you have friends, family or colleagues who own an investment property?

 If you do, please encourage them to subscribe to our Landlord Bulletins today