WA pool warning after child's death in rental

Pool fences and safety barriers must be properly maintained to ensure safety for children over the summer months and Christmas, with a joint warning from the Consumer Protection and Building Commission issued.

This comes after a recent Coroner's Court hearing outlined a situation in which there were delays in repairing a self-closing pool security door at a rental property, that may have added to the factors surrounding the drowning of a child.

Commissioner for Consumer Protection Anne Driscoll is urging tenants to notify their landlord or property manager, preferably in writing, if they have any concerns and their pool safety barriers.

“If the safety concern is likely to expose a person to the risk of injury then an urgent repair is required,” Driscoll said.

“Under the Residential Tenancies Act, an urgent repair to avoid exposing a person to the risk of injury must be organised within 48 hours. If the tenant cannot contact the landlord or property manager or they fail to organise repairs within 48 hours, the tenant has the right to authorise urgent repairs and have the cost of any reasonable expenses reimbursed by the landlord."

Tenants' next step, if they experience delays from landlords or property managers to fix these issues, is to then contact their local governemnt authority who can order repairs to be underway.

Pool safety barriers including fencing, gates, windows or sliding doors are all listed as crucial aspects to check.

Building Commissioner Peter Gow said that the WA law puts the responsibility onto the owner and the occupier of the property to ensure the barriers are compliant.

“The law applies to new and existing swimming or spa pools, but not spa baths, and also to portable pools that have a capacity to contain water that is more than 300mm deep. Parents and carers, however, should be aware that portable wading pools containing less than 300mm of water are still a constant danger to young children," he said.

“A building permit is required for the installation of swimming or spa pools, including their associated safety barriers. A building permit may also be required to modify an existing safety barrier," said Gow.