The short answer is Yes! In most states and territories (including WA), a pool requires a fence when it is filled (or capable of being filled) to a depth of 300mm (30cms) or more.
This basically means that most portable pools fall under this legislative requirement and therefore you could be fined for not having a fence around your portable swimming pool.
Portable pools can pose a huge safety risk, especially for children under the age of five. Even in a small portable pool with very little water, it only takes seconds for a child to drown.
Drowning can occur when adults are distracted or mistakenly thinking someone else is supervising their child.
So what happens now??
If you are a tenant, and you have a portable pool and it does not meet legal requirements, then it must be removed. If you don’t, you will be issued with a breach notice to remove the pool, and could be evicted from the property if you don’t comply. If a temporary pool collapses and causes water damage to the property then the tenant accepts responsibility for any damage caused. If you would like to try and make the pool legally safe, as a first step – contact your property manager to seek owner approval for installing a portable pool.
If you are an owner, and you have a portable pool, please be aware that councils do conduct spot checks (aerial footage, makes it possible for councils to ascertain whether you do or do not have a pool). Pool fencing should be checked by the local government authority every four years and a certification obtained.
Please note you can face substantial fines if you do not comply with local swimming pool and fencing laws.
Further information available: https://www.commerce.wa.gov.au/sites/default/files/atoms/files/rules_for_pools_and_spas_a4_booklet_june_2016_web.pdf