Legislation
Pool Fence Laws
It is widely accepted that supervision is the first line of protection for children. However, an effective pool barrier provides added protection in cases where supervision may be limited. Queensland Injury Surveillance Unit research in 2002 revealed at least 70 people are alive today because of the introduction of pool fencing laws in the early 1990’s.
New Pool Safety Laws apply from 1st December 2010.
All existing pools are to comply with a single pool safety standard within 5 years, unless you sell or lease your property beforehand.
For more information visit Pool Safety Laws.
Pool or spa registration frequently asked questions
Portable pools and spas
Some portable pools and spas need to comply with the pool safety laws.
Children can drown in portable pools and spas—the water doesn’t need to be deep. The pool safety laws are aimed at stopping this tragic loss of life.
Portable pools and spas excluded from the laws
Queensland’s pool safety laws do not apply to portable pools or spas that meet all of these criteria:
- cannot be filled with more than 300mm of water; and
- have a maximum volume of 2000L; and
- have no filtration system.
Many models of portable pools meet these criteria, but you should check before buying.
Portable pools and spas covered by the new laws
If your portable pool or spa can hold more than 300mm of water, has a volume of more than 2000L or has a filtration system, the laws do apply. You will need to:
- get a pool safety certificate from a licensed building certifier stating that your pool complies with the pool safety standard, before filling the pool or spa with more than 300mm of water
- obtain a building approval
- register your pool or spa.
Portable pools and spas do not need to comply with the pool safety standard unless they are assembled.
State Government Pool Safety Laws
Don’t wait until you want to sell or lease you property, save the stress – arrange your Pool Fence Inspection now!
http://www.hpw.qld.gov.au/construction/BuildingPlumbing/PoolSafety/Pages/default.aspx
How the Rules Affect You
Pool Safety Certificates
If you are selling or leasing a property with a pool or spa, you must get a pool safety certificate from a licensed pool safety inspector.
Costs vary, so you may wish to shop around.
Some inspectors can also carry out minor repairs, such as adjusting or replacing a latch and removing climbable objects.
Leases, hotel stays and other accommodation agreements
If you are going to rent—or enter into another type of accommodation agreement for—your property, you must get a swimming pool safety certificate. However, this is only needed if a current pool safety certificate does not already exist.
For non-shared pools, such for houses, townhouses or units with their own pool or spa, you must get a pool safety certificate before entering into an accommodation agreement.
For shared pools associated with long-term accommodation, such as a pool in a unit complex, you must get a pool safety certificate within 90 days of entering into the accommodation agreement.
Private Owners
A Private Property Owner may not be able to settle the sale of a property without a Certificate of Compliance without risking fines or penalties.
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non- shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.
Delaying an inspection means that you carry risks of your pool fence being non-compliant, and the risk of a child being injured. The team at Pool Safety Angel understand the risks associated with pool fencing and we are here to help ensure your pool fence complies with the new pool fence inspection laws.
Landowners
For Landlords, you will not be able to rent your property to a tenant (new or existing) without a Certificate of Compliance from 1st December 2010, without risking fines or penalties.
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non- shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.
Delaying an inspection means that you carry risks of your pool fence being non-compliant, and the risk of a child being injured. The team at Pool Safety Angel understand the risks associated with pool fencing and we are here to help ensure your pool fence complies with the new pool fence inspection laws.
Short Term Accommodation
For Short Term Accommodation Providers including hotels, motels, resorts and caravan parks, you will not be able to book in an overnight guest after May 2011 without a Pool Safety Certificate. Short Term Accommodation Providers are entitled to an extended two year Pool Safety Certificate if they have the pool(s) inspected within the first three months of the legislation taking effect on 1st December 2010.
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non- shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.
Delaying an inspection means that you carry risks of your pool fence being non-compliant, and the risk of a child being injured. The team at Pool Safety Angel understand the risks associated with pool fencing and we are here to help ensure your pool fence complies with the new pool fence inspection laws.
Body Corporates
For Body Corporates a Compliance Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing).
Pool Safety Certificates will remain valid for one year if you own a shared pool and will remain valid for two years for non- shared pools. There are “Phase-in” periods for Sellers and those with shared pools, but you will be burdened by the need to complete disclosure documentation, in the Government-Prescribed form, if you choose to sell or lease without a Pool Safety Certificate. You will also be carrying liability risks if a child drowns in a non-complying pool.
Delaying an inspection means that you carry risks of your pool fence being non-compliant, and the risk of a child being injured. The team at Pool Safety Angel understand the risks associated with pool fencing and we are here to help ensure your pool fence complies with the new pool fence inspection laws.