The Queensland State Government introduced legislation for all regulated swimming pools which took effect on 1 December 2010. The legislation is aimed at further reducing the number of immersion injuries and drowning of young children.
Does your pool fence comply with the pool safety standard?
The pool safety standard will apply to owners of existing and new pools.
Drowning is the leading cause of death in Queensland for children aged one to four years. Supervision of children and teaching them to swim at a young age can save lives.
Key changes to pool safety legislation
Selling or leasing your property prior to 30 November 2015
If selling or buying a property with a non-shared pool, such as a house, townhouse or unit with its own pool or spa, a pool safety certificate must be obtained from a licenced pool safety inspector. If leasing, the owner must provide the pool safety certificate before entering into the lease.
Pool safety certificates - FAQs
How do I get a pool safety certificate?
Contact a Pool safety inspector, refer:
http://www.hpw.qld.gov.au/construction/BuildingPlumbing and click on Pool Safety to access.
Does the pool safety certificate need to be displayed?
Only pool safety certificates for shared pools must be displayed near the main entrance to the premises, at a gate or door accessing the pool.
Where there is a shared pool, does every unit owner need to have the pool inspected separately?
No. The owner of the shared pool, usually the body corporate, needs to obtain the certificate and make it available to the unit owners.
Does the tenant need to recieve a copy of the pool safety certificate?
For non-shared pools, owners do not need to give their tenants a copy of the pool safety certificate, but must provide a copy to a prospective tenant if it's a shared pool.
Is a new pool safety certificate required before each new lease?
Pool safety certificates are valid for one year for shared pools and two years for non-shared pools regardless of how many times the property is re-leased during this period.
What happens if the pool doesn't comply at inspection?
A nonconformity notice (Form 26) will be issued by a Pool Safety Inspector.
The Form 26 advises the pool owner how the pool does not comply and what work needs to be carried out to make it comply.
If the pool owner does not ask the Pool Safety Inspector to re-inspect the pool within three months, the inspector must notify local government. Local government can then take the nessesary enforcement action to ensure the pool complies with the pool safety standard.
What are the penalties for non-compliance?
$18,785 for individuals and $93,926 for corporations.
On the spot fines of $1821 for individuals and $5464 for corporations can also apply. Enforcement action is taken by local government and in some cases, by the Department of Housing and Public Works.
Tenants who install their own pool, such as a portable pool or spa, must ensure the pool complies with the pool safety standard and obtain all required building approvals. Permission from the property owner may also be required.
Do new swimming pools and spas require building approval?
Yes. A building certifier must provide the building approval and must inspect and certify the pool safety barrier before the pool is filled to a depth of 300 millimeters of water or more.
Ensure your pool safety barrier complies
The following actions can be taken to improve the safety of your pool:
Common pool safety problems include:
For more information, refer to: